Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

MARCH 12, 2013





A meeting of the Council of Columbus, Georgia was called to order at

9:05A.M., Tuesday, March 12, 2013, on the Plaza Level of the Government Center,

Columbus, Georgia. Honorable Teresa Pike Tomlinson, Mayor and Honorable Evelyn

Turner Pugh, Mayor Pro Tem, presiding.



*** *** ***



PRESENT: Present other than Mayor Tomlinson were Councilors R. Gary Allen, Mike

Baker, Jerry Barnes, Glenn Davis Berry H. Henderson, Charles E. McDaniel, Jr.,

Judy W. Thomas and Evelyn Woodson. City Manager Isaiah Hugley, City Attorney

Clifton Fay, Clerk of Council Tiny B. Washington and Deputy Clerk Sandra Davis

were also present. Mayor Pro Tem Turner Pugh took her seat at the Council table

at 9:03 a.m. Councilor Huff took his seat at the Council table at 9:08 a.m.

----------------------------------------*** ***

***-------------------------------------

ABSENT: Councilor C. E. McDaniel was absent.

----------------------------------------*** ***

***-------------------------------------

INVOCATION: Led by Reverend Cindy Garrard, St. Luke United Methodist Church.

----------------------------------------*** ***

***-------------------------------------

PLEDGE: Led by students from Fox Elementary and Wesley Heights Elementary

Schools.

----------------------------------------*** ***

***-------------------------------------

REVOCATION HEARING:



Mayor Tomlinson called forward the Revocation Hearing to hear the

recommendation of the Public Safety Director to revoke the alcoholic beverage

license of Mr. James Weaver, Jr. d/b/a Majestic Sports Bar.



She said having an alcoholic beverage license in Muscogee or any county

within the State is a privilege, it?s not a right. She said we work hard to

encourage all businesses; small business or large businesses in this community

but said there is no license to conduct an establishment which has become a

criminal haven. She said the Council members have been provided with over a

dozen police reports related to successive charges and convictions of alcoholic

beverage cards violations, minors being served alcohol, violence, thefts,

assaults, and murder. She said the most recent incident was on New Years Eve

where we saw the death of a young man who was five months away from graduating

from Columbus State University and the shooting injury of six others.



Mayor Tomlinson said there comes a time where we have to ask ourselves

whether this particular license should remain in the hands of the person that

it has been issued to, which is Mr. Weaver. She said she will now turn this

matter over to the City Attorney. She said the Police Chief is also present

today, as well as having someone from the vice-squad present this morning.



City Attorney Fay asked Chief of Police Ricky Boren to come forward and

then pointed out that this is a revocation hearing under Code Section 3-11 of

the Columbus Code for the Majestic Night Club. He said he distributed around

the Council table information you should have received; which are convictions

against Mr. Nathaniel Smith for allowing minors in the night club on nine

counts; requirement to have an alcohol beverage card violation a tenth count.

He said on the second page, Mr. James Weaver, requirement to have an alcohol

beverage card violation, one count.



He said the Chief of Police and his squad has had numerous complaints of

violations; and said he will now allow him to be heard about some of the things

they have seen and have been called about.



Chief of Police Ricky Boren then came forward and said he is here this

morning to talk about the Majestic Night Club which was formerly named the Boom

Boom

Room; located on Cusseta Road at the intersection of Brown Avenue. He said

during the early morning hours of January 1, 2013 during a New Years get

together at Club Majestic they received a call about shots being fired. He said

officers arrived on the scene after being called about shots being fired

outside and inside the club. He said numerous officers responded to that call

and when they arrived, they found one person dead and six individuals that had

been shot inside and outside the club.



He said their investigation revealed numerous underage persons inside the

club; and said during the investigation they could only re-contact nine of the

underage drinkers that had paid a door fee at the front door and had entered

the club and were in fact drinking. He said they have statements from all nine

of those individuals. He said at the door, once the door person that was later

identified and arrested realized that they were underage; he in fact charged

them more money to come in the club than if you had been of legal age to have

entered the club, and had been drinking legally.



Chief Boren said as stated by the Mayor earlier, one individual was in

fact dead and the others wounded; and said they have made arrests in all of

those cases. He said they have a disk with them on this morning and can give it

to the Council for later review, that was done with WLTZ news at some point in

time after the shooting, where Nathaniel Smith, who is the sub-proclaimed

leasee of this club, reported leasing from the individual who has the club and

the alcohol license for the club, the fact that he was in fact leasing the club

at the time this occurrence took place; which is illegal. He said you cannot

take another individual?s liquor license and use it as your own, to run a

liquor establishment and said we do have that documented here today as well. He

said all of the convictions were convicted in Recorders Court; an individual

that allowed nine underage drinkers in the club and failure to obtain alcohol

beverage cards.



City Attorney Fay pointed out that Clerk of Council Washington has the

original of these convictions. He then asked if there were any questions from

the members of Council for Chief Boren, but there were none. He then said we

will hear from Mr. Weaver, if he is present, and/or his attorney.



Mr. Alfonso Whitaker, 644 Broadway, Columbus, Georgia, Attorney for Mr.

Weaver, came forward and pointed out that Mr. Weaver is not present here today,

because he is at dialysis. He said when he first became aware of the case he

contacted Ms. Washington about a continuance, but she advised him that he had

to address the Council. He said Mr. Weaver is available in the afternoons and

he would ask the Council?s indulgence to give him an opportunity to present his

case before you in more details before there is a vote.



He said Mr. Weaver recognizes that it is a privilege to be allowed to have

a liquor license in Columbus and he is grateful that he had his license for

quite some time and; therefore, is considered to be grandfathered in, and that

is why it is so important and precious to him. He said when Mr. Weaver came to

him, he wasn?t aware that he could not allow Mr. Nathaniel Smith to operate

under his license. He said he has since advised him and has been retained as

his legal counsel and is willing to work with him to help him straighten out

his business affairs.



Mr. Whitaker said when Mr. Weaver received the first notice that the City

was concerned and that there were issues, his daughter, Ms. Garvin contacted

the City on two occasions and tried to arrange a meeting; however,

unfortunately, prior to that meeting taking place to address the issues, there

was the unfortunate shooting that took place at the establishment.



He said the area where Mr. Weaver?s establishment is located is

unfortunately, a high crime area and said the question is whether many of these

police reports can be attributed to the establishment or people surrounding the

establishment.



Mr. Whitaker then went into some details in this regard.



He said when you look at the totality of the circumstances; the entire

situation with the crime in that area, how much actually relates to what?s

going on in the bar with the liquor license; granted that there were people in

the bar who should not have been there, but Mr. Weaver as the owner, allowed

Mr. Smith to run this business; however, since then, he has taken action to

file a dispossessory to get Mr. Smith out of the business. He said he is taking

progressive steps to help resolve this issue and said Mr. Weaver would like an

opportunity to sit down with City Council members, officers and do what he can

as far as lighting in the area, to provide more lights. He said he is also

willing to look at the issue of security.

He said he had security on the doors; however, when you are involved in this

type of industry, you don?t always have the best opportunity to get the people

who are going to do the right thing.



Mr. Whitaker said Mr. Weaver?s daughter, Ms. Garvin, is more interested in

being involved in the establishment. He said we understand that the City has a

concern and safety is an issue, but said this family is willing to work with

the City to address those issues and try to come up with a solution that will

alleviate the crime.



He said they are very sorry about what has happened, and said they are

willing to do whatever is necessary; whatever conditions will be put on them,

in order to show that they are willing and have a good faith effort to

cooperate with you. He said whatever the conditions are they just want an

opportunity to continue to run this establishment, as they recognize it is a

privilege to hold an alcohol beverage license. He said Mr. Weaver is a 79-year

old man who wants to leave this legacy for his children and he would ask the

Council to give them an opportunity to address these issues more thoroughly;

with Mr. Weaver being here, perhaps in one evening session.



After the conclusion of his presentation, Mayor Tomlinson pointed out to

Mr. Whitaker that there are two procedures going on, but said there is only one

that is

relevant today. She said the letter that your client received related to some

of the police reports about break-in in cars, assaults and etc, has to do with

another statute. She said it has to do with an injunction, a condemnation and a

taking of the property related to a specific Georgia law for allowing the

property to become a criminal haven. She said that would include all various

kinds of criminal activity that is specified in the statute that doesn?t

necessarily relate to alcohol violations. She said we are not dealing with that

today. She said there is also one that your client has been invited to come

forward, but said neither she nor the Chief of Police has been contacted in

this regard.



Mayor Tomlinson said pursuant to that process, your client and you have

been asked to come forward and meet with the City about resolving matters

related to a criminal haven at the property. She said separate and apart there

is another procedure that is on the floor today, in this Council; which is to

revoke the liquor license pursuant to specified alcohol violations for which

there are convictions. She said those are two separate things and the Council

has been provided by the City Attorney with those reports that relates to

alcohol and convictions.



Attorney Whitaker said he understands that and said in that regard, he

would like to address the alcohol beverage card violations. He said there were

several charges where he does not feel that they were of the magnitude to

warrant the revocation of the alcoholic beverage license without giving the

party an opportunity or probationary period to address that issue. He said as

he indicated before, it was the lease holder who participated in committing the

alcohol beverage card violations. He said Mr. Weaver has addressed that by

filing a dispossessory and said the club is no longer open. He said the family

is asking for an opportunity to allow the daughter, Ms. Garvin an opportunity

to get involved and get things straightened out.



After continued discussion on this matter, Mr. Whitaker concluded his

presentation and then Ms. Garvin came forward and responded to questions of

members of the Council.



City Attorney Fay said we have the Finance Department present in the

Council Chambers today and said they have records showing the name of the

licensee,

Mr. Weaver since 2006.



Ms. Yvonne Ivy of the Revenue Department then came forward and provided

information regarding the alcoholic beverage license pointing out that it has

gone through many changes and hands.



Discussion continued on this matter, with City Attorney Fay and Ms. Ivy

responding to further questions of members of the Council, after which

Councilor Woodson then made a motion to revoke the alcoholic beverage license.

Seconded by Councilor Thomas and carried unanimously by those nine members of

Council present for this meeting, with Councilor McDaniel being absent for this

meeting.



City Attorney Fay pointed out that the alcohol license has been revoked

and said the revocation runs for a one-year period from today?s date at this

location and said there are criteria in the ordinance. He said the relatives of

the licensee within the second degree of kinship cannot come and apply for a

license at this location. He said it is revoked and prohibits all those close

relationships from coming and applying for a license for one year.

----------------------------------------*** ***

***-------------------------------------

MAYOR?S AGENDA:



RECOMMENDED RECLASSIFICATIONS, PAY ADJUSTMENTS OR

NEW POSITIONS:__________________________________________________



Mayor Teresa Tomlinson said she is submitting her recommendations for

reclassifications, new positions and pay adjustments for the proposed FY-14

budget. She said it is not provided for any action today. She said during our

budget hearings last year, there were some recommended reclassifications and we

had some discussion and she felt like it would be very helpful if we came up

with a process through which we could take requests instead of allowing

independent

Department heads to come forward and plead their case; that we would take

several months, poll each department; have an application and have them to set

out what positions they felt needed to be adjusted and why. She said we will

have the opportunity to access the University of Georgia as a resource, and we

have been meeting with the Department heads, the Finance Director, the City

Manager, the Deputy City Manager that oversees that particular department and

the Human Resources Department to have discussions.



She said she wanted to start early and allow you to see the draft list.

She said we are still waiting on some information from the University of

Georgia on some

positions, but wanted to get it to the Council so that if they have any

questions or if there was anything that you wanted us to look at. She said they

also provided the Council with the memo and the applications that they

submitted to the department heads, as well as a spreadsheet of the many

requests. She said they received many where the departments said they had no

reclassifications.



After Mayor Tomlinson explained the process to the Council, she then

responded to questions of members of the Council.



Discussion continued on this matter for some fifteen minutes or more, with

Mayor Tomlinson and City Manager Hugley responding to further questions and

concerns of members of the Council, after which some referrals were made by the

Council, which is listed below.



Councilor Allen said we need to have a Work Session to talk about the

process. Also, let?s go back through 2012 and look at all of those requests

that were sent to the University of Georgia, the timeline of the communication

with the department head, so that the Council can have an understanding of the

process.



He said we can then see what went on in 2012, and have a better

understanding and then when we go into the budget process we will have a better

grasp of what you are presenting and will be ready to tackle the budget.



Councilor Woodson said we need to make sure that part-time positions are

also being sent to the University of Georgia for review as well with regards to

what the position should be as far as the pay grade.



Councilor Thomas asked if we already have the dates for the extra budget

sessions that we typical do, if not, can we set those within the next couple

weeks so that we can get those on our calendar.



City Manager Hugley said the budget will be presented to the Council on

April 30th. He said we will do everything we possible can to begin the budget

process earlier in further years.

----------------------------------------*** ***

***-------------------------------------

MINUTES OF COUNCIL MEETING: Minutes of the February 12, 2013 Council Meeting

and February 12, 2013 Executive Session of the Council of the Consolidated

Government of Columbus, Georgia were submitted and approved upon the adoption

of a motion made by Mayor Pro Tem Turner Pugh and seconded by Councilor

Woodson, which carried unanimously by those nine members of Council present ,

with Councilor McDaniel being absent from the meeting.

----------------------------------------*** ***

***-------------------------------------

CITY ATTORNEY'S AGENDA

THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL ON SECOND READING:

____

__________



An Ordinance (13-9) ? Amending Article XXI of Chapter 2 of the Columbus

Code to provide that members of the Employee Benefits Committee do not have to

be residents of Columbus, Georgia; and for other purposes. Councilor Thomas

moved the adoption of the ordinance. Seconded by Councilor Woodson and carried

unanimously by those nine members of Council present for the meeting, with

Councilor McDaniel being absent.



*** *** ***



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AFTER SOME DISCUSSION WAS AMENDED AND ADOPTED BY THE COUNCIL ON SECOND

READING: ___

___________



An Ordinance (13-10) ? Amending Article XX of Chapter 2 of the Columbus

Code to provide that members of the Retiree Health Benefit Committee do not

have to be residents of Columbus, Georgia; and for other purposes. Councilor

Thomas moved the adoption of the ordinance. Seconded by Councilor Woodson.



City Attorney Fay said we have a request from Councilor Allen for a minor

amendment to allow dual service on the Retiree Health Benefits Committee and

other City Boards.



Councilor Allen said he received a call from Billy Watson, who currently

serves on the Retirees Health Benefits Committee and he thinks that he has been

asked to consider the position on the Pension Board that is a designated

retiree position.

He said this would allow him to serve on both boards at the same time,

since both are designated retiree boards. He said he is not exactly certain

where to include the text in the ordinance; however, he has spoken with the

City Attorney regarding this amendment.



City Attorney Fay said he has added a new sub-section and said a copy

should have been included in the Council?s packet that will allow the dual

service; which is included in Section 2 of the ordinance. He said it is ready

for the Council?s approval.



Councilor Allen then made a motion to amend the ordinance. Seconded by

Councilor Barnes.



Mayor Pro Tem Turner Pugh asked City Attorney Fay if you need to put a

statement in the ordinance that the residency reference is not to the other

boards, only to this board.



City Attorney Fay said it is particular to this board.



Mayor Pro Tem Turner Pugh said she understands that, but since you are

putting an amendment in this part of this ordinance that allows them to serve

on both committees she doesn?t want anyone to mistake that we are saying that

the residency requirement is still not in place on the other boards.



City Attorney Fay said we have not withstanding anything in the Code in

general or any others required by the Code, it shall be permitted for this

board. He said that was their standard language trying to make it specific to

this committee. He said it doesn?t take away the other requirements. He said it

states not withstanding those requirements for this board only, it shall be

allowed. He said they can add another sentence; they don?t have a problem with

that.



Mayor Tomlinson said there is a principal of law that you don?t put

something in there unless there is a reason for it. She said if you do that,

she thinks that you are sending the message that if there is any other

ordinance out there that says there is not a residency requirement and you have

not put that additional language; then, should it ever become an issue someone

is going to say that you purposefully did not take the step of adding this

additional redundant statement. She said it seems to her, that if this is an

ordinance that says Retirees Health Benefit Committee necessarily everything

that follows relates to that Committee and does not relate to anything else.

She said if you start passing laws that just append random comments

about it not applying to anything else, you are leaving the impression that

unless those statements are there your other ordinances do apply to other

things that aren?t

specified.



City Attorney Fay said that is why they prefer the standard clause.



Mayor Tomlinson said she would recommend that we not append that. She said

it is the Retirees Health Benefit Committee and anything in there applies only

to that ordinance. She said if you start appending things, you are going to

have to append them to all of your ordinances.



Councilor Davis said he thinks the Mayor is right. He said he thinks it is

very important to have these comments reflected in the minutes and what the

Council is trying to accomplish; the reasoning and purpose behind it. He said

with this board, and what we are doing, he thinks it does need to be stated in

the minutes for future references; as stated by the Mayor so that it will be

clear.



After some ten minutes of discussion on this amendment, the question was

then called on the earlier motion of Councilor Allen to amend the ordinance,

which carried unanimously by those nine members of Council present, with

Councilor McDaniel being absent for this meeting.



The Mayor then called the question on the motion made by Councilor Thomas

and seconded by Councilor Woodson to adopt the ordinance, as amended, which

carried unanimously by those nine members of Council present, with Councilor

McDaniel being absent for this meeting.



*** *** ***



THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:__________________________________



An Ordinance (13-11) ? Amending the Columbus Consolidated Government Pay

and Classification Plan by creating a new position Custody Investigator and

Judicial Review Coordinator, Grade 16 in the Juvenile Court and deleting one

Administrative Secretary, Grade 10 and one part-time Support Clerk, Grade 7.

Councilor Barnes moved the adoption of the ordinance. Seconded by Mayor Pro Tem

Turner Pugh.



After Ms. Mary Bode, Director of the Juvenile Drug Court responded to

questions of the members of Council with regards to the Department of Family &

Children Services agreeing to fund the additional benefits of this position,

the question was then called on the motion to adopt the ordinance, which

carried unanimously by those nine members of Council present, with Councilor

McDaniel being absent for this meeting.



*** *** ***



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND ADOPTED AFTER BEING AMENDED AFTER SOME

DISCUSSION:_____________________________



An Ordinance (13-12) ? Amending Chapter 5 of the Columbus Code so as to

provide definitions and regulations pertaining to the oversight of free roaming

cats through a Community Cat Program to be administered by the Columbus Animal

Care and Control; and for other purposes.



City Attorney Fay said we have a minor amendment to this ordinance to allow

the Animal Care & Control to be fully designated in the ordinance, as well as

in Part 27, Definitions, it will state Columbus Animal Care & Control or its

designated community Cat rescue. He then asked for a motion to amend the

ordinance as stated. Councilor Allen so moved. Seconded by Mayor Pro Tem Turner

Pugh.



Councilor Woodson said there were several issues that were raised in the

emails sent regarding this matter and then asked for clarification on this

amendment.



Director of Public Works Pat Biegler came forward and said she is not sure

of all of the issues that were raised in the emails, but said the amendment was

done at her request. She said she has been discussing this with the Assistant

City Attorney and said that their intent has always been that people who step

forward and want to be caretakers for a cat colony would register through them

or a secondary agency. She said there are some people who don?t want their

names out there in public records and would prefer to work with a group and

there are others who are very willing to step forward and say they want to have

a colony.



She said what they discovered in discussing this after the first reading

was that we weren?t allowing the option of someone to step forward and sign up

as a colony caretaker directly with the shelter and that has always been their

intent; so they wanted to clarify the language to make sure that they had

options because they wanted the maximum flexibility in moving forward with this

program.



Mayor Tomlinson said the point of the cat colony is to reduce the cat

population. She said she can give a personal testimony in this regard. She said

she was an unwilling caretaker of a cat colony because the people across the

street from her were feeding cats and there came to be a colony of sixty-five

cats that lived across the street. She said now there are three cats in that

cat colony because the kittens were taken and found homes. She said they were

trapped and taken in and if they were diseased; they were euthanized. She said

if they were not diseased, then they were fixed, had vaccinations and returned

to the colony; which actually helps to keep the population down. She said the

lifespan of a Feral cat is about five years.



She said this has been going on for years in other communities that have

radically reduced their feral cat populations, but said if we continue on

ignoring the problem, what happens is good hearted people that loves animals,

which sometimes is our older individuals, loves the company, they will feed

them and they will increase. She said we need to step up and realize that

people are going to

feed animals and that it is very difficult to stop them from feeding animals;

so, we have to have an organized way to say that if you do, you are going to

have to be a certified cat colony and will have to follow these particular

guidelines which will ultimately reduce the populations and we will not have

the rates that we currently have in our facility.



Ms. Biegler then responded to further concerns of Councilor Woodson with

regards to the email that was sent to members of the Council regarding the cat

community.



City Attorney Fay said from a liability standpoint, the control of animals

by a county government, dogs or cats, and if the county institutes a program,

Georgia county governments are protected by county amenity under Georgia law.

He said this will not add or detract from the county?s liability.



Mayor Tomlinson said we have some additional information if the Council

needs some more information. She said Mr. Tom Bryan is a long time animal

advocate; and whose wife it was taught her how to tend to the 65 cat colony

that was across the street from where she lives. She said a lot of that

information was old myths; that people haven?t thought for some time.



Councilor Davis then made a motion to adopt the ordinance as amended.

Seconded by Councilor Woodson.



Councilor Allen said the main question that he has is regarding the

education of the public. He said children will not readily approach another

type of animal, but said if they see a kitten, they will go and pick up that

kitten; and even most adults will pick up a kitten. He said if a child

approaches a kitten that has rabies, they are in for a long medical procedure.

He then asked what are we going to do to educate the public that if they run

across a feral cat colony or just a strange cat in general, what steps you

should take.



Ms. Biegler said if it?s a colony, it is already going to be spaded,

neutered and have received shots, which is one of the benefits of this program.

She said if it?s not a colony, they exist out there now. She said we will be

having brochures, having Education sessions, doing a lot of work with the

public, as well as having things on CCG-TV and talking about the cat colonies,

what we are doing and how to do it. She said this will reduce that problem, not

increase it.



Councilor Allen said he is in favor of the ordinance, but he just wants to

know what the educational component is; are we going to be using CCG-TV or

doing public service announcements.



Ms. Biegler said we will be doing some brochures, using CCG-TV, going out

and speaking to various groups. She said they already do some speaking in the

schools, on how to deal with animals for children and we are hoping to keep

increasing that educational piece of animal control, for cats and dogs, as well

as wild animals. She said they are going to keep moving forward on increasing

their educational efforts.



Councilor Allen asked how long does rabies last in an animal. He said he

knows that they die from it at some point. He said if a kitten contracts it

and they have already been spaded and neutered, they still can have rabies.



Ms. Biegler said if they are spayed and neutered, they will also be

vaccinated. She said she don?t know enough about rabies to be able to answer

Councilor Allen?s question.



Mayor Tomlinson said the vaccination for a Feral cat last for five years.



After more than twenty minutes of discussion on this matter, Mayor

Tomlinson then called the question on the earlier motion of Councilor Davis,

which was seconded by Councilor Woodson and then carried unanimously by those

nine members of Council present for this meeting, with Councilor McDaniel being

absent.



*** *** ***







THE FOLLOWING ORDINANCE WAS ALSO SUMBITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND AFTER SEVERAL MINUTES OF DISCUSSION WAS AMENDED AND ADOPTED BY THE

COUNCIL:________________________________________________________



An Ordinance (13-13) ? Authorizing the Municipal Court Marshal?s Office to

have a forfeiture account (drug seizure account) pursuant to O.C.G.A. Section

16-13-49; designating money and currency forfeited under the Georgia controlled

substance act for joint administration and use by the Municipal Court Marshal

for non-budgeting drug investigative costs; establishing a procedure for

release of such funds from the county treasury to an account designated for

such use; specifying limits to the account established for such use and that

the funds designated to the account be derived only from cases involving

members of the Municipal Court Marshal?s Office; and for other purposes.



Mayor Pro Tem Turner Pugh moved the adoption of the ordinance. Seconded

by Councilor Huff.



Councilor Allen said he had asked several questions regarding this

ordinance at our last Council meeting, but has not received the answers yet. He

said he did talk with Marshal Countryman on last week and he said that he would

be here at the meeting on today and he appreciates him doing that today.



He said he had two questions on last week; which is (1) What are the

current procedures today and if this ordinance is adopted, what will be the

procedures going forward.



Marshal Greg Countryman said their process and procedures has been that

once they run into a seizure, they make a decision at the scene based on two

things; the quantity and if they have a suspect. He said he has to caution you

that the answers that he give, he want to educate Council on the process, but

he has to be mindful at the same time that the people that we are taking the

drug seized items from the drug dealers, he don?t want to educate them at the

same time. He said a lot of this is based on the situation because they can

either have a suspect or a large quantity. He said he doesn?t want to

jeopardize any operation and he doesn?t want to educate too much, which is why

he tried to contact Councilor Allen by telephone to address the issue.



He said he will answer any questions the Council wants, but said at the

same time we must be mindful that we are taking seized items from drug dealers

that are causing problems in our community and the drug seized process is part

of the

procedure and that is part of the reason that they do certain things to send

attention to them to let them know that it?s not going to be tolerated.



Marshal Countryman said the process has always been the same with their

office; whether or not they will make an on- scene command or whether or not,

they want to involve another agency to take care of the civil aspect, which

will be the seizure. He said if there is a suspect, they will work the criminal

part. He said if there is not a suspect, they make a decision at the scene

whether or not if they want to turn over the civil part to another agency or

work it on their end.



Councilor Allen then asked, if the current procedure of the Marshal?s

office today, is that if they run across a situation today, they are going to

call another agency in, if it warrants it. Marshal Countryman said that is

correct.



Councilor Allen then said, going forward, if a situation occurs and you

access the situation, and you determine that you need the assistance of another

agency, you are going to call that agency in. Marshal Countryman said yes.

Councilor Allen said there is really no difference in the procedure today and

the procedure going forward, to which Marshal Countryman said yes.



Marshal Countryman said they have done evictions and all of this comes

solely from evictions. He said when they get a writ that does give them legal

grounds to be there on the premises. He said a lot of times they have done

evictions and they recognize that they were running into a meth lab based on

the things they see on the outside of the house; therefore, they have to back

out and call for another agency because if they go in and take ownership,

interrupted by Councilor Allen.



Councilor Allen said in the proposed ordinance under Item ?E? it states

that the money and currency contained in the account shall be used to defray

non-budgeted narcotics investigative costs as permitted under O.C.G.A. Section

16-13-49, and these funds shall supplement any funds budgeted for such

purposes. He then asked Marshal Countryman if he is not interested in getting

into the drug business; forming a drug agency, and etc. Marshal Countryman said

he is not.



Councilor Allen said what he would like for the Council to consider is to

strike through the words ?narcotics investigative?, so that Item ?E? would

read: the money and currency contained in the account shall be used to defray

non-budgeted costs as permitted under O.C.G.A. Section 16-13-49, and these

funds shall supplement any funds budgeted for such purposes. He said that would

give the Marshal the freedom to move them around where they need them. He said

since he is not forming a drug team, he didn?t see the need to have the terms

narcotics investigative.



City Attorney Fay said if you want to strike the words ?narcotics

investigative?

that?s okay, but said the statute still specifically applies to drug seizure,

and forfeiture accounts.



City Attorney Fay, in responding to concerns of Councilor Allen said the

State statute will control this whole process and resolve based on drug

seizures that happens when law enforcement comes into contact with, whether the

Marshal

doing an eviction or the police doing a raid. He said we can strike those few

words, in the caption, on the fifth line, take out the words ?drug

investigative and sub-section ?e?, take out the words narcotics investigative.



Councilor Allen then made a motion to amend the ordinance with the changes

as stated above. Seconded by Councilor Henderson.



After continued discussion on this matter, with City Attorney Fay

responding to further questions of members of Council, the question was then

called on the motion to amend the ordinance, which carried unanimously by those

nine members of Council present for this meeting, with Councilor McDaniel being

absent.



Councilor Woodson then made a motion to adopt the ordinance as amended.

Seconded by Mayor Pro Tem Turner Pugh and carried unanimously by those nine

members of Council present for this meeting, with Councilor McDaniel being

absent from this meeting.



*** *** ***



AT THE REQUEST OF MAYOR PRO TEM TURNER PUGH, THE FOLLOWING RESOLUTION WAS

CALLED UP AS THE NEXT ORDER OF BUSINESS AND EXPLAINED BY CITY ATTORNEY FAY AND

ADOPTED BY THE COUNCIL: ____________ _________________



A Resolution (80-13) ? Authorizing the issuance of $53,725,000 Columbus,

Georgia, Water and Sewerage Refunding Revenue Bonds, Series 2013A;

to authorize the Mayor and other officials of Columbus to take such further

actions as are necessary to provide for the sale, issuance and delivery of such

bonds for the purpose of refunding certain refunded obligations as defined

herein; to ratify the execution and delivery of a bond purchase agreement

\relating to the sale of such bonds; and for other purposes. Mayor Pro Tem

Turner Pugh moved the adoption of the resolution. Seconded by Councilor Allen

and carried unanimously by those nine members of Council present for this

meeting, with Councilor McDaniel being absent.



*** *** ***



EXECUTIVE SESSION:



Councilor Allen said he would like to request to have an executive session

on litigation and said he would like to see if we could get the Chief Tax

Assessor to come up and talk to the Council.



*** *** ***



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND A PUBLIC HEARING WAS HELD ON EACH AS ADVERTISED, AND THE ORDINANCE AMENDED

BY COUNCIL: _

_______________



An Ordinance ? Rezoning property located at 5601, 5625, 5629, 5639, and

5647 Forrest Road & 2424 Woodruff Farm Road from NC (Neighborhood Commercial)

for 5601 Forrest Road and 2424 Woodruff Farm Road to GC; and from SFR3 (Single Family Residential 3) for 5625, 5629, 5639, and 5647 Forrest

Road Zoning District to GC (General Commercial) Zoning District.

(18-CA-12-Milligan/Gibson) The proposed use is for general retail.



PROPONENTS & OPPONENTS:



Mr. Paul Gibson, Architect, with Barnes & Company Architects, 1365 Warren

Williams Road, and Mr. Keith Milligan, owner of the property were both present

in the Council Chambers.



Mayor Tomlinson then asked if there were any questions of the petitioners.



Mayor Pro Tem Turner Pugh said when she met with the architect, she was

very pleased with the plans that they came up with; the landscape and the

undisturbed natural buffer; however, she doesn?t see it listed in the

ordinance.



City Manager Hugley said the petitioner has a drawing that she may be

referring to; therefore, we will have them to put it on the screen.



Mr. Rick Jones, Director of the Planning Department then came forward and

pointed out that the ordinance itself, the Unified Development requires

an undisturbed buffer, which is one of their options and said it is not

necessary that you put it in this particular ordinance to make that happen. He

said what you can do is adopt this concept as being a part of the ordinance.



Mayor Pro Tem Turner Pugh said she wants to do whatever it takes to make

sure that this is done and that we don?t come back later and say that it wasn?t

included in the ordinance. She said they went back and did what Council asked

them to do and she was very pleased with what they have done. She said she

wants to make sure that ten years from now whoever may be here sitting in this

Council seat doesn?t get any telephone calls saying that you didn?t do a, b or

c.



Director of Planning Rick Jones said if you are so inclined, you can

incorporate this concept that they have into the ordinance. Mayor Pro Tem

Turner Pugh then told City Attorney Fay whatever she needs to do, to

incorporate the concept, she would like to do that.



City Attorney Fay said we will need an amendment to incorporate the site

plan as a condition of the ordinance. Mayor Pro Tem Turner Pugh so moved.

Seconded by Councilor Thomas and carried unanimously by those seven members of

Council present at the time, with Councilors Allen and Baker being absent for

this vote and Councilor McDaniel being absent for this meeting.



Mayor Pro Tem Turner Pugh said she would like to thank the architect, as

well as the owner for being so cooperative.



Councilor Davis said he would also like to thank Mr. Milligan for not only

taking the time and being patient and working through this project and said it

is really refreshing and a pleasure to work with people like him. He said he

appreciates them listening to the Council and coming back with a very nice

project.



Mr. Milligan said they don?t do very many ground up projects and said that

they wanted this one to be a very nice one and he would like to thank the

Council for their assistance in this matter.



Mr. Gibson said he had one clarification with regards to the conditions.

He said he thinks the conditions included an opaque fence along the property

line, but said due to the terrain, which is dropping 40 feet from Forrest Road

to Woodruff Farm, the location of that fence would be much better served along

the north side of this road rather than right up on the property line. He said

that will be in addition to the undisturbed buffer and further plantings along

a ?C? type buffer.



Mayor Pro Tem Turner Pugh said that is the reason why she was asking about

the wording to be changed in the ordinance because she agrees with what they

were trying to do; let the residential property line be the undisturbed natural

buffer and that the opaque fence would go on the other section where the

dumpsters and loading dock will be located.



She said that is the motion that she wants to make. Seconded by Councilor

Barnes.



Councilor Davis speaking to Director Jones asked if it would be better to

leave it to the architect and developer?s discretion in this case, to put it

where it?s needed versus actually putting one out there, where it?s not needed

in an area.



Mr. Jones said they have had instances where that have happened, where the

topography or design may change, but said what he is hearing from the architect

in this case is that where the fence can go and should be going to protect the

property, the architect said to do more for noise abatement.



City Attorney Fay said we can change Condition Number Two to state that an

opaque wooden fence shall be added to all areas as required by the Planning

Director. He said that will take care of the fence portion.



The question was then called on the motion, which carried unanimously by

those seven members of Council present at the time, with Councilors Allen and

Baker being absent for this vote and Councilor McDaniel being absent for this

meeting.



City Attorney Fay said that there are now two amendments in the ordinance

and then asked if there were any other discussion from the petitioner or was

there anyone opposed to this ordinance and wanted to be heard on the matter.

There was none. City Attorney Fay said this ordinance will be voted on in two

weeks.



*** *** ***



EXECUTIVE SESSION:



Mayor Tomlinson, speaking to City Attorney Fay, with regards to Councilor

Allen?s request for an executive session, said the Tax Assessors? office is

independent and will need their own counsel, and asked him to contact their

counsel to appear with them.



*** *** ***



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND DELAYED BY THE COUNCIL AT THE REQUEST OF COMMUNITY REINVESTMENT DIRECTOR,

AMY CARBAJAL: _____________________________________



An Ordinance (13-6) ? Rezoning property located at 812, 818, 824, 828,

830, 832, 834, and 840 6th Avenue; 802, 806, 811, 812, 813, 815, 816, 817, 818,

819, 821, 825, 826, 827, 828, 831, 832, 834, 835, 840, and 842 7th Avenue; 800,

805, 811 and 823 8th Avenue; 711 8th Street; 618, 700, 720, 822, 824, 826, and

830 9th Street, from UPT (Uptown)/RMF2 (Residential Multifamily 2)/RO

(Residential Office )/GC (General Commercial) to RMF2 (Residential Multifamily

2) Zoning District. The purpose of the rezoning is to relocate Phase I of the

Booker T. Washington apartments and build approximately 100 multifamily

apartments.

City Attorney Fay said we have a request for a delay by letter from Ms.

Amy Carbajal, Community Reinvestment Director.



Councilor Woodson then made a motion to delay. Seconded by Councilor

Barnes and carried unanimously by those nine members of Council present with

Councilor McDaniel being absent for this meeting. City Attorney Fay then said

that this petition will be delayed until further notice.



*** *** ***



THE FOLLOWING THREE ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND INTRODUCED ON FIRST READING:

_________________________________________________



An Ordinance ? Changing the official street and tax maps of the

Consolidated Government of Columbus, Georgia by declaring a segment of Ivy

Avenue right-of-way surplus; the segment of right-of-way located north of the

north right-of-way line of Talbotton Road running northerly to the south

boundary of Ashley Station Apartments as depicted by the attached map;

providing that all existing utility easements of record shall remain in effect;

providing appropriate width easements shall be reserved as required by the

utility companies serving adjoining streets and properties for unknown

utilities; authorizing the disposal of said right-of-way in accordance with

Columbus Charter; repealing any conflicting ordinances and for other purposes.



An Ordinance ? Regulating vehicular traffic in Columbus, Georgia by

establishing parking restrictions along the following street segment: Linden

Point beginning at the north curb of Poplar Street and running northerly along

the west/outer curb circling clockwise around the street loop along the

east/outer curb and hence southerly back to the north curb of Poplar street;

authorizing the installation of official traffic signs indicating said parking

restrictions; repealing any conflicting ordinances and for other purposes.



An Ordinance ? Establishing the need for new urban service districts to

encourage economic development in Columbus, Georgia and establishing a

procedure for enactment of the same by the Columbus Council; to provide for

temporary ad valorem tax millage rate abatement; and for other purposes.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AFTER SEVERAL MINUTES OF DISCUSSION WAS ADOPTED BY THE COUNCIL:_______



A Resolution (81-13) ? Approving a Special Exception Use to operate an

auto/truck dealership on less than 2 acres located at 1403, 1411, 1421, 1433

Manchester Expressway and 4515 Hamilton Road. The current zoning for the

property is GC (General Commercial) zoning district.



Mr. Tracy Billings, 60 Ridgeview Drive, Jonesboro, Georgia came forward

and said he is here today representing Dr. Adams, the property owner and US

Auto Sales out of Lawrenceville, Georgia. He said they are asking for this

special exception use to re-establish the car dealership at this location. He

said they basically want to set it back up like it was. He said he has provided

some photos of some renderings of the office building they are proposing to put

on the property, as well as some photos of other dealerships that they have

around the State. He said they have recently opened a dealership in Macon and

would like to do the same here in Columbus, Georgia.



Councilor Davis moved approval of the resolution. Seconded by Councilor

Woodson.



Councilor Allen said he thinks that the Unified Development Ordinance

requires the lots to be contiguous; and all be rezoned the same and then asked,

if that is what we are doing.



City Attorney Fay said this is a special exception use request because it

is less than two acres of the Unified Development Ordinance. He said he is not

sure if there is something else special with regards to the request and then

asked Mr. Rick Jones, Planning Director to come forward.



Councilor Allen then asked, if all the property is rezoned the same, to

which Director of the Planning Department Rick Jones, said yes. He said they

have replatted the property to bring it back into compliance, but said it is

less than two acres; which the ordinance requires us to bring it back to this

Council for action.



Mr. Bobby Meadows said he has property next door to this proposed car lot

and said he doesn?t really have any opposition to the car lot going into the

property; however, with the changes, it seems that there is a15-feet wide

alley, where there is a fence down the middle of the alley. He said it has been

there for several years, since his grandparents purchased the house in 1910 and

said in their proposed plan it seems that they are taking all of the 15-feet

alley and leaving us any without any say so on half the alley that they have

been using. He said they also have a plant area that bends over and prohibits

the use of the alley. He said they also have a gate where there is a curb cut

going north to Veterans which keeps them from using the alley. He said he has

pictures of where he puts his car at the end of the alley and there is a metal

barricade on their side of the alley, which is almost in the middle of the

alley. He said he is proposing that they move their gate back about ten

feet.



Mr. Rick Jones said there is an alley way there and said it is a public

alley way which joins those two properties on the back side. He said they

became aware of this when the plans were looked at and said there were trees

shown being planted in the alley way. He said we told them that could not

happen, because it was a public alley way and the trees needed to stay on their

property. He said with regards to the gate in the alley way that is going to

go away. He said there is no reason for them to block that alley way from

that standpoint. He said to try to reassure Mr. Meadows, the trees will remain

on their property and the alley way will remain open to service that property.



Discussion continued on this matter with Mr. Meadows showing a drawing

which outlines where his property is located and where the barricade was

located which was blocking him from going through the area. Mr. Jones also

responded to further questions of members of the Council. He said if the

Council would allow Ms. Carbajal to come forward and explain what she is

working on towards the alley, he thinks that will alleviate a lot of the

concerns that Mr. Meadows has.

Mr. Meadows said the gentlemen just agreed that he would not inhibit him;

so, if that is the case, he doesn?t have any further problems with this

request, if they keep their word.



Ms. Amy Carbajal, Director of the Department of Community Reinvestment

also came forward and pointed out that she has received a request of Dr. Adams

to go through the alley way abandonment process; and through that process, Mr.

Meadows, who she has met with and gone through this process; will receive half

of the alley and Dr. Adams will receive the other half, which will alleviate

the problem. She said she has sent the paperwork to Dr. Adams and she is just

waiting for him to complete the appropriate paperwork.



Mr. Meadows said when Dr. Adams called him last, he told him he would not

allow him to drive onto his property, but said he don?t want to drive on his

property, he just want to go through the alley, which is not his property.



Mayor Tomlinson then told Mr. Meadows that this abandonment process will

allow him to own half of this property, and he will be allowed to drive on it

because he will own half of it.



Discussion continued on this matter, with Ms. Carbajal responding to

further questions of members of the Council. Ms. Carbajal said she will be glad

to meet with Mr. Meadows on the site to make sure that his needs will be met.



Councilor Thomas then made a motion that we delay the resolution until the

next regular Council meeting. Seconded by Councilor Barnes.



After further discussion with Council expressing their further questions

and concerns and Mr. Billings responding to those questions and concerns, the

Mayor then called the question on the motion to delay the resolution, which did

not carry.



Councilor Woodson then made a motion to adopt the resolution. Seconded by

Councilor Huff and carried unanimously by those nine members of Council present

for this meeting, with Councilor McDaniel being absent for the meeting.



*** *** ***



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE

MOTION MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR BARNES,

WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING, WITH COUNCILOR MCDANIEL BEING ABSENT:__________________________



A Resolution (82-13) ? Opposing House Bill 176, which would significantly

limit the ability of cities to regulate wireless communication towers.



A Resolution (83-13) ? Expressing support for passage of House Bill 143 in

the

Georgia General Assembly which we return responsibility for accepting and

maintaining campaign and ethics disclosure forms to county election

officials.



City Attorney Fay said he has an add-on resolution that he will hold

until after we go into an executive session to discuss a litigation matter.

----------------------------------------*** ***

***-------------------------------------

PUBLIC AGENDA



MS. CARLA HAWKINS, REPRESENTING LIFE LINK & AGAPE GROUP, RE: INFORMATION

ON ORGAN DONATION: _______________



Ms. Carla Hawkins, an Education Specialist representing Life Link, which

is a non-profit organ and tissue procurement organization dedicated to saving

lives through organ and tissues donation came forward and said her role is to

educate Southwest Georgia on the importance of organ donation, saving lives,

prevention tools to prevent organ failure. She said there are numerous

individuals who have been affected by organ donations.



She said she is asking for the support of this Council to assist them on

activities that they will be bringing to the city, asking the community to come

out and learn more about organ donation.



LaSaundra Robbins & Natasha Banks of the Agape Group came forward and

provided information about an event that they will be hosting, an Organ Drive,

which will be held on April 20th from 9:00 ? 1:00 p.m. where there is a 17-year

old who is in need of a heart and said they will be hosting this event for

individuals to be tested to see if they can be an organ donor.



*** *** ***



PASTOR MILLIE JOHNSON, REPRESENTING THE THIRD DISTRICT NEIGHBORHOOD

BUSINESS ASSOCIATION, RE: CRIME PREVENTION AND THE NEIGHBORHOOD BUSINESS

ASSOCIATION?S ANNUAL MEETING: ______________________________



Pastor Mille Johnson came forward and pointed out that she is here

representing the Third District Neighborhood Business Association. She pointed

out that she is the current President of the Neighborhood Business Association

and that they will be having the third Annual Meeting on tonight at 5:30 p.m.

and she would like to encourage the Mayor and members of Council to attend that

meeting. She said she would like to work with the city on strategies for crime

prevention and other business endeavors for their Third District.



*** *** ***



MR. TOM BRYAN AND MR. MARTY FLOURNOY, REPRESENTING THUNDER IN THE VALLEY

AIR SHOW, RE: A SCREEN VIDEO OF THIS YEAR?S AIR SHOW EVENT:

__________________________________



Mr. Marty Flournoy, representing Thunder In the Valley Air Show, came

forward and thanked the Mayor & Council, as well as the City of Columbus for

this assistance in previous years when the air show was held here in Columbus,

Georgia. He invited everyone to come out and enjoy this event, after which a

short screen video of this year?s Air Show Event was shown.

----------------------------------------*** ***

***-------------------------------------

CITY MANAGER'S AGENDA:

THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND ADOPTED BY THE COUNCIL:________________________________________

________



A Resolution (84-13) ? Authorizing the execution of a Property Exchange

Agreement and Addendum to Medical Office Lease Agreement for right-of-way at

the corner of Talbotton Road and Hamilton Road for parking and entrance feature

improvements, for the abandonment of an alley way connecting Hamilton Road and

7th Avenue to Columbus Regional Medical Center and to exchange rent for the

Employee Health and Wellness Center for the value of the property. Councilor

Allen moved the adoption of the resolution. Seconded by Councilor Woodson and

carried unanimously by those nine members of Council present for this meeting,

with Councilor McDaniel being absent.



A Resolution (85-13) ? Authorizing the execution of a Quit Claim Deed to

release the City's interest in the property located at 5117 - 12th Avenue

purchased with CDBG funds for Affordable Housing. Columbus Housing Initiative,

Inc., developed an affordable home and sold to an income qualified buyer.

Councilor Woodson moved the adoption of the resolution. Seconded by Mayor Pro

Tem Turner Pugh and carried unanimously by those nine members of Council

present for this meeting, with Councilor McDaniel being absent.



*** *** ***



THE FOLLOWING SIX RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

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

MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR ALLEN AND CARRIED

UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS MEETING, WITH

COUNCILOR MCDANIEL BEING ABSENT:__________________



A Resolution (86-13) ? Authorizing the approval to enter into an Access,

Parking and Landscape Easement agreement with Calvary Free Will Baptist

Church. Calvary Free Will Baptist Church is requesting an access point from

their property to the Fall Line Trace that will begin at their parking lot and

run to the edge of the Trace. The Church will be responsible for all

improvements.



A Resolution (87-13) ?Authorizing the approval to enter into a

supplemental agreement with the Georgia Department of Transportation

(GDOT) for $76,178 in additional funds with a local match of $19,044 or 20%

for a total of $95,2221.90 and amend the contract for the 14th Street

Pedestrian

\Bridge (P.I.0009401), with Scott Bridge, Inc., for the redesign of pier

construction \along with changes to bridge deck overhangs, bridge railing,

lighting, etc.



A Resolution (88-13) ? Authorizing the approval to purchase .98+/- acres

of property at 525 Tenth Avenue to develop a storage facility for the Columbus

Police Department.



A Resolution (89-13) ? Authorizing the submission of an application, and

if approved, accept a small grant for $20,000 from the Firehouse Subs Public

Foundation for the Muscogee County Marshal?s Office to enhance the Muscogee

County Training Complex Hogan's Alley.



A Resolution (90-13) ? Authorizing the acceptance of a deed to Old Guard

Road and the extension of American Way located in part of Land Lots 264 and

269, 19th District and to accept an easement where a portion of the guard

rails, which were erected as a condition of the street acceptance, are located

on private property. The Department of Engineering has inspected this street

and recommends the acceptance.



A Resolution (91-13) ? Authorizing the acceptance of a deed to Cypress

Ridge Drive located in Cypress Ridge Subdivision. The Department of

Engineering has inspected this street and recommends the acceptance.



*** *** ***



THE FOLLOWING SEVEN PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY

CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A

SINGLE MOTION MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR HUFF,

WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THE

MEETING, WITH COUNCILOR MCDANIEL BEING ABSENT:

________________________________________________



A Resolution (92-13) ? Authorizing the approval to purchase one (1)

mid-size skid steer with milling attachments (Case SR200), from Border

Equipment (Augusta, GA), in the amount of $45,053.29. The equipment will be

utilized by the Street Division to help with pre work for road repairs that

involves milling of repair sites; to clean up with broom attachment; and to

perform guard rail repair work with auger attachment. This is a new unit.



A Resolution (93-13) ? Authorizing the execution of an annual maintenance

contract for security locking systems with Unique Security, Inc., (Montgomery,

AL), for the estimated annual contract value of $98,000. The Muscogee County

Jail and Muscogee County Prison will utilize this maintenance contract for

inspection, repair, replacement, and update of locking devices, control

mechanisms and security doors at the Jail and the Prison. The old 1939 jail

will not be included in this contract. The term of the contract shall be for

three years, with the option to renew for two additional twelve-month periods.

Contract renewal will be contingent upon the mutual agreement of the City and

the Contractor.



A Resolution (94-13) ? Authorizing the approval of contracts with Yardpro

Lawncare & Landscaping (Lanett, AL), as the primary contractor, and Tech O-Gram

Media (Columbus, GA), as the secondary contractor, to provide Lot Clearing

Services, on an ?as needed basis.? for the estimated annual contract value of

$143,216.00. The work includes cutting and removing grass, weeds, undergrowth

and other vegetation, and removing any and all solid waste as required by law.



A Resolution (95-13) ? Authorizing the approval to purchase twelve (12)

heavy-duty dual-axle trailers (Horton Hustler BP716TA), from Verde, Inc., (Lake

Wales, FL), in the amount of $3,495.00 per unit, for a total of $41,940.00.The

equipment will be utilized by the Urban Forestry Division to transport

zero-turn-radius mowers and equipment to and from job sites. This is a new

unit.



A Resolution (96-13) ? Authorizing the approval of the integrated supply

agreement from Sprague?s Supply, Inc., d/b/a NAPA Auto Parts, to provide

vehicle and equipment maintenance parts and supplies services, via Georgia

Statewide Contract No. SWC90815. This agreement will enable the City to

establish a source of supply for certain auto, truck, small engines, heavy

equipment and bus parts, as well as, provide integrated business solution

services. The vendor will establish inventories, at the City?s Fleet Shop and

other locations, as needed, to service the fleet parts needs, and to serve as

the City?s primary supplier of automotive, small engine and heavy equipment

replacement parts and other supplies and/or equipment.

The vendor will provide personnel, management, parts and supplies and services,

including sublet for repairs. The on-site parts operations will cover all

hours worked by the City facility(ies), including overtime due to peak demand

and emergency operations.



The City will pay discounted prices for parts and supplies profiled for

Columbus Consolidated Government, based on usage history. The vendor?s

operational costs have been factored in the pricing profile for products sold

under this agreement.



NAPA has been the City?s on-site supplier of vehicle and equipment repair parts

and supplies for the past five years, per RFP No. 07-0014; and the City?s

contract term with NAPA is nearing expiration. Since the State had already

negotiated a contract with the vendor, the Public Works Department researched,

and talked with State contract administration staff, to determine if the City

could better benefit by utilizing the State contract.



A Resolution (97-13) ? Authorizing the renewal of the annual contract for

Benefits Manager with Northwestern Benefits of Georgia. During the past two

contract years, Northwestern has performed well in all areas: improving the

City?s open enrollment processes, maintaining tighter controls over benefits

carriers, provided timely information about benefits issues, provided an

improved on-line benefits enrollment and management system, assisting with

implementation of employee Health and Wellness Center, and provided guidance on

healthcare reform implementation.



The City entered into a 1-year contract with Northwestern beginning June 1,

2011 through May 31, 2012, with the option to renew for two additional one (1)

year terms. Therefore, it is requested that Council approve to renew the

contract for the final year, beginning June 1, 2013 through May 31, 2014.



The City has invested significant productive resources in transitioning

responsibilities to a benefits manager that continues to strengthen control

over our multi-million dollar benefits investment. Northwestern has performed

well during the past two years of the contract.



A Resolution (98-13) ? Authorizing the approval to declare the vehicles

shown on the attached list as surplus in accordance with Section 7-501 of the

Charter of Columbus Consolidated Government; additionally approval is requested

to declare any items as surplus, which may be added to the list prior to the

auction. The surplus items will be disposed of by auction on April 13, 2013.

The Auction Way, the City?s contracted auctioneer, will conduct the auction.

The vehicles have either been replaced or placed out of service due to excess

maintenance cost.



*** *** ***

DEPARTMENT UPDATE:



Community Reinvestment Director Amy Carbajal came forward and presented an

update on her one-year anniversary as director, which is outlined below.



Elements of the Position



Community Development Block Grant (CDBG)

HOME Initiative Partnership (HOME)

Neighborhood Stabilization Program 1 and 3 (NSP)

Homelessness Prevention and Rapid Re-Housing Program (HPRP)

Community Development Block Grant ? Recovery Act (CDBGR)

Real Estate

Redevelopment

Miscellaneous: Home for Good; Historic Columbus Foundation; Economic

Development; Mayor?s Commission on Unity, Diversity and Prosperity; Functional

Assessment Team



Entitlement Program



Community Development Block Grant Recovery Act (CDBGR) ? Complete and Closed

Homelessness Prevention and Rapid Re-Housing Program ? Complete and Closed

CDBG Improvements

Open Activities - approximately 60 dating back to 2003

Implemented New Monitoring for Sub-recipients? created schedule to catch up on

all required annual monitoring visits

Implemented new monthly reporting and reimbursement schedule; each report is

reviewed for policy and financial compliance

Implemented new activity closeout procedures

Implemented new application review and selection process with CDAC



HOME Program Improvements

Open activities ? over 100 in Jan, 2012. Today 1 activity

Completed and closed old ?problem? activities

Monitoring and inspections ? implemented new schedule and brought required

inspections current

Challenges: $500,000 funding cut, eliminated a position

Necessary changes to accommodate lack of staff and funding

Homeowner Rehab and Project Care waiting list

Down payment Assistance maximum award

REAL EASTATE:



Real Estate Division Assistance to Other Departments

Fire Department

Veterans Court

Sheriff?s Department

Employee Clinic

Police Department

Police Academy



Acquisitions:

4 Liberty District Purchases, 8 under contract

Wade Street Apartments

First Avenue properties



Ms. Carbajal said they are working to come up with some kind of inventory

system.



REDEVELOPMENT:



Provided Technical Assistance

Mayor?s Real Estate Investment Initiative Commission

Mayor?s Neighborhood Stabilization Program

Currently working to develop the following economic development incentive

programs

Opportunity Zone

Urban Service District

Redevelopment District

Support staff for the Land Bank Authority

Booker T. Washington Redevelopment

Second Avenue Revitalization

Enterprise Zone



MISCELLANEOUS:



Home for Good: Claflin Opportunity Center, 10 Year Plan implementation

Historic Columbus Foundation: ex-officio member of Board and Preservation

Committee

Economic Development Opportunities for the City

Mayor?s Commission on Unity, Diversity and Prosperity

Working to replace the Black Heritage Trail Signs

Functional Assessment Team: Golf Authority



After the conclusion of her update, Ms. Carbajal then responded to

questions of members of the Council with regards to CBDG grant funding for new

startup programs, down payment assistance program, as well as an inventory

system, and other items which pertains to her department. The following

referral was also made to Ms. Carbajal for a response back to the Council.



City Manager Hugley also responded to some questions of members of the

Council regarding the funding cuts that we?ve seen recently from the Federal

government.

Mayor Pro Tem Turner Pugh asked Ms. Carbajal to have the staff to come up

with some ideas for setting up some kind of program for an inventory system for

the property we own.



*** *** ***



EXECUTIVE SESSION:



Regarding an earlier request of Councilor Allen to go into an executive

session to discuss a litigation matter, Mayor Pro Tem Turner Pugh made a motion

to allow the Council to go into an executive session. Seconded by Councilor

Barnes and carried unanimously by those eight members of Council present at the

time, with Councilor Huff being absent for this vote.



*** *** ***



At 12:25 p.m. the regular session was adjourned to allow the Council to go

into an executive session to discuss a litigation matter.



*** ***

***



At 1:16 p.m., the meeting was called back to order at which time Mayor

Tomlinson pointed out that the Council met in an executive session to discuss a

litigation matter, but there was no votes taken. She then called on City

Attorney Fay to make some comments.



City Attorney Fay said we discussed a matter of litigation and he just

distributed around the Council table, a resolution to authorize the Finance

Director and the City Attorney to make payment of $159,814.55 to the law firm

of Hatcher, Stubbs as attorney fees and costs in the case of Garrard versus

Board of Tax Assessors. He said we need a motion to approve this resolution.

Councilor Thomas so moved. Seconded by Councilor Woodson and carried

unanimously by those seven members of Council present at the time, with

Councilors Allen and Henderson being absent for this vote and Councilor

McDaniel being absent for this meeting.



The above action approved the following resolution.

A Resolution (99-13) ? Authorizing the Finance Director and the City

Attorney to make payment in the amount of $159,814.55 to the law firm of

Hatcher Stubbs as ordered by Judge William C. Rumer in the case of Garrard v.

Board of Tax Assessors (SU-12-CV-857).

----------------------------------------*** ***

***-------------------------------------

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR & COUNCIL:____





Memorandum from Clerk of Council Washington, Re: Crime Prevention

Board.



(2) Memorandum from Clerk of Council Washington, Re: Housing Authority of

Columbus.

(3) Biographical Sketch of Mr. Edward B. Kinner, Councilor Davis? nominee to

replace Ms. Cathy Hodge on the Planning Advisory Commission.



(4) Biographical Sketch of Mr. Frank S. Etheridge, III, Mayor Pro Tem Turner

Pugh?s nominee for the position of Mr. David Johnson on the Planning Advisory

Commission.



(5) Biographical Sketch of Ms. Glenda B. Culpepper, Councilor Huff?s nominee to

replace Mr. Kenneth Henson on the Tree Board.



(6) Biographical Sketch of Mr. Bradley S. Jones, Councilor McDaniel?s nominee

to replace Mr. Walter Wade on the Board of Zoning Appeals.



(7) Biographical Sketch of Ms. Ann H. Davis, Councilor Huff?s nominee to

replace Mr. Walter Wade on the Board of Zoning Appeals.



(8) Biographical Sketch of Ms. Tamara Mayer, nominee submitted for the new

position on the Land Bank Authority.



(9) Biographical Sketch of Ms. Susan Cooper, nominee submitted for the new

position on the Land Bank Authority.



(10) Application of Gina Brewer to temporarily close Howard Avenue from 32nd

Street to 33rd Street, on Sunday, March 24, 2013 from 12:00 p.m. to 6:00 p.m.

in connection with the ?Art Festival?.



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington submitted a letter from Ms. Ann H. Davis

resigning from her position on the Keep Columbus Beautiful Commission.

Councilor Thomas moved the letter be received with regrets and thanks for her

service on the board. Seconded by Councilor Woodson and carried unanimously by

those eight members of Council present at the time, with Councilor Henderson

being absent for this vote and Councilor McDaniel being absent for this

meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:

________________________________________________

Airport Commission, January 23, 2013.

Animal Control Advisory Board, February 23, 2013.

Board of Tax Assessors, Nos. 06-13 & 07-13.

Convention & Trade Center Authority, December 6, 2012.

Development Authority, March 1, April 12 & May 3, 2012.

Development Authority, June 7, July 12 & August 2, 2012.

Golf Authority, January 22 & February 26, 2013.

Hospital Authority, January 29, 2013.

Housing Authority, January 17, 2013.

Keep Columbus Beautiful Commission, February 12, 2013.

New Horizons Community Service Board, April 9 & June 11, 2012.

New Horizons Community Service Board, July 9 & Sept. 10, 2012.

New Horizons Community Service Board, October 8, 2012.

Land Bank Authority, January 9, 2013.

Public Safety Advisory Committee, November 15, 2012.

Recreation Advisory Board, January 23, 2013.

Taxicab Commission, February 27, 2013.

Tree Board, June 13 & September 26, 2012.

Tree Board, December 12, 2012.



Councilor Thomas 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 Henderson being absent for this

vote and Councilor McDaniel being absent for this meeting.



*** *** ***



BOARD APPOINTMENTS:



BUILDING AUTHORITY OF COLUMBUS:



Clerk of Council Washington pointed out that the terms of office of

Mr. Madden Hatcher, Jr., Mr. Vincent Allen and Mr. Tyler Townsend on the

Building Authority will expire on March 24, 2013 and that they are all eligible

to succeed themselves for another term of office. She further pointed out that

we have contacted Mr. Hatcher and Mr. Townsend and they do not want to be

reappointed for another term of office.



In response to Mayor Pro Tem Turner Pugh, Clerk of Council Washington

pointed out that we have put a call in to Mr. Vincent Allen as well, but was

unable to make contact with him. She said we will advise Council of this

information at the next regular meeting, as to whether or not he would like to

continue to serve.



*** *** ***



COMMISSION ON INTERNATIONAL RELATIONS & CULTURAL LIAISON ENCOUNTERS

(C.I.R.C.L.E):_______________________________



Clerk of Council Washington pointed out that the term of office of Ms.



Mattie Hall, Mr. Owen Ditchfield and Mr. Sudhir Patel expired on March 1, 2013

and they are all eligible to succeed themselves for another term of office.

She pointed out that Ms. Hall and Mr. Ditchfield have indicated that they would

like to serve another term.



Mayor Tomlinson then asked if Ms. Hall would like to serve again, to which

Clerk of Council Washington stated that she does wants to serve again. Mayor

Tomlinson then nominated Ms. Hall for another term of office. Mayor Pro Tem

Turner Pugh so moved. Seconded by Councilor Allen and carried unanimously by

those eight members of Council present at the time, with Councilor Henderson

being absent for this vote and Councilor McDaniel being absent from the

meeting.



Councilor Woodson then nominated Mr. Ditchfield for another term of

office. Clerk of Council Washington said we will bring this back at the next

regular meeting for the Council?s confirmation.

COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that the terms of office of Ms.

Kim E. Jenkins, Mr. Bernard McCrary, and

Mr. Marvin Moore will expire on March 27, 2013. She further pointed out that

they are all eligible to succeed themselves and these are the Mayor?s

appointment. She also pointed out that they have placed a call to each of

these individuals as well to determine whether or not they would like to serve

another term of office, but have not been able to speak with them yet.



*** *** ***



EMPLOYEE BENEFITS COMMITTEE:



Clerk of Council Washington pointed out that five of the newly appointed

positions of the Employee Benefits Committee have been filled and that we are

still waiting for the nominees to be submitted for the individual to be

selected by General Government Employees, and the individual to be selected by

Public Safety Employees, which is expected to be submitted by the Human

Resources Department at the March 26, 2013 Council meeting.



*** *** ***





EMPLOYEES? PENSION PLAN, BOARD OF TRUSTEES:



Clerk of Council Washington pointed out that Mr. Robert Spence has

resigned from his seat on the Employees Pension Board and that he represents

the Retired City Employee?s Association and that they should be submitting

a recommendation for the Mayor within the next week or so.



*** *** ***



LAND BANK AUTHORITY:



Clerk of Council Washington pointed out that the Land Bank Authority is

recommending Ms. Tamara Mayer and Ms. Susan Cooper to fill the two

new positions on their board. She further pointed out that they

can be confirmed.

Mayor Pro Tem Turner Pugh so moved. Seconded by Councilor Allen and carried

unanimously by those eight members of Council being present at the time, with

Councilor Henderson being absent for this vote and Councilor McDaniel being

absent for this meeting.



*** *** ***



PLANNING ADVISORY COMMISSION:



Clerk of Council Washington pointed out that the terms of office of Ms.



Kathleen Mason, Mr. David Johnson and Ms. Cathy Hodge on the Planning Advisory

Commission will expire on March 31, 2013. She further pointed out that Ms.

Mason and Mr. Johnson are eligible to succeed themselves for another term of

office, but Ms. Hodge was not eligible to succeed herself.



Councilor Allen nominated Ms. Mason for another term of office to succeed

herself. Mayor Pro Tem Turner Pugh also nominated Mr. Frank Etheridge, III for

Mr. David Johnson?s position.



Clerk of Council Washington also pointed out that at the last meeting,

Councilor Davis nominated Mr. Edward Kinner to succeed Ms. Cathy Hodge and

advised that he may now be confirmed. Councilor Davis so moved. Seconded by

Mayor Pro Tem Turner Pugh and carried unanimously by those eight members of

Council present at the time, with Councilor Henderson being absent for this

vote and Councilor McDaniel being absent from the meeting.



*** *** ***



TREE BOARD:



Clerk of Council Washington pointed out that Councilor Huff is nominating

Ms. Glenda Culpepper for the at-large seat of Mr. Kenneth Henson that expired

several months ago. She advised that she would bring this back at the next

regular meeting for the Council?s confirmation.



*** *** ***



PLANNING ADVISORY COMMISSION:



Councilor Allen said he would like to nominate Mr. Johnson for another

term of office, if he wants to serve again. Clerk of Council Washington said

if he agrees to serve again, she will list him as a nominee for our next

regular meeting.



*** *** ***



BOARD OF ZONING APPEALS:

Councilor Thomas said she didn?t see the Board of Zoning Appeals

appointment listed on the Clerk of Council?s Agenda and asked what has happened

to those appointments. She said we have two nominees for this board, but there

is nothing listed on the Clerk of Council?s Agenda.



Clerk of Council Washington pointed out that she needed to do some

additional research on this board and will have it listed at the next regular

Council meeting.



*** *** ***



NATIONAL CIVIL WAR NAVAL MUSEUM:



Councilor Woodson said she was at the National Civil War Naval Museum on

last week and said it was brought to her attention that since it was Women?s

History Month, said they have a program there that she would like to inform

everyone about; which is called the RB Program and it will be held at 11:00

a.m. 1000 block of Uptown Columbus.



*** *** ***





FLOOD STUDY:



Councilor Barnes said he appreciates the Mayor corresponding with Mr.

Michael Burgess. He said he is really disturbed and said it has nothing to do

with our government, but said for over four years now, there has been a flood

study.

He said he know that we have done everything that we can to address everything

that FEMA has asked. He said the problem is that there is a senior citizen who

has been in her house for over forty years and he had tried to find an

apartment for her because she can?t afford to pay for the flood insurance. He

said there are a number of people under this program that really aren?t

obligated to pay flood insurance and the plan stipulates, which has been going

on for four years. He said in order to allow him to wrap his mind around this

whole issue, he would like for the City Manager to have someone to provide a

chronology from the time that we started this study, also provide the dates

every time we have corresponded with FEMA, everything that we have asked from,

as we as everything that we have responded to them; back and forth up until

now.



He said we have people who are losing their homes and having to leave, and

some of them might not even have to pay flood insurance. He said under this new

plan according to Michael Burgess, the insurance company can charge up to 20%

per year. He said what his plan is, is to allow the Mayor to send a letter to

FEMA and said he is already compiling a list, because you have to put faces

sometimes to people so that they will realize what type of hardships there are.

He said there are over 520 homes in the Lindsey Creek area to include the

collateral streets. He said he is sending a letter to those people that are

impacted because it is ridiculous for a plan to drag on and said something has

to be address.



Mayor Tomlinson said it has to go through the White House as it is similar

to our Charter here. She said the Mayor is the elected official over the

administrative capacities of the government; so as the President as to the

Federal Government.

She said that is why our legislative delegation has been unable to help us

because legislative members cannot directly contact agencies; they have to go

through the White House, but said we will find a way.



Councilor Barnes said something needs to happen because people are

suffering behind this plan.



Mayor Tomlinson said we may have to get our IT Department involved in this,

as this is going to be a voluminous document because it goes back several

years.

She said we have also gotten some complaints related to some commercial owners

in the area; which she sent Councilor Barnes some information on, and said we

need to get together so we can see what we can do to bring this to a close that

is fair and equitable to everybody.



*** *** ***



NEIGHBORHOOD ASSOCIATION MEETING:



Councilor Huff said he would like to thank the City Manager and his staff.

He said they had a Neighborhood Association meeting on last night and said that

Deputy City Manager Goodwin, and the METRA staff came out on last night to a

meeting with Bunker Hill. He said they were very attentive to their wishes and

gave them some good information on last night.

METINGS REGARDING PARKING:



Councilor Woodson said she would like to remind everyone that there are

two meetings on tonight regarding parking in Uptown. She said the first meeting

will be held at 5:30 p.m. and another one at 6:30 p.m. in Foley Hall of the

Springer Opera House.



*** *** ***



EMPLOYEES MEMORIAL SERVICES:



Councilor Huff reminded the Council of the Memorial services for those

city employees who have passed during this last year, which will be held on the

Plaza level at 4:30 p.m.



*** *** ***



With there being no other business to come before the Council, Mayor

Tomlinson she said would entertain a motion for adjournment. Mayor Pro Tem

Turner Pugh so moved. Seconded by Councilor Allen and carried unanimously by

those eight members of Council present at the time, with Councilor Henderson

being absent for this vote, and Councilor McDaniel being absent for this

meeting , with the time of adjournment being 1:30 p.m. (Councilor Henderson

left prior to the adjournment of the Council meeting.)







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia

Attachments

---

No attachments for this document.