Columbus, Georgia

Georgia's First Consolidated Government

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

Council Members

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING

NOVEMBER 10, 2009



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

to order at 9:00 A.M., Tuesday, November 10, 2009, on the Plaza Level of the

Government Center, Columbus, Georgia. Honorable W. J. Wetherington, Mayor,

presiding.



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

Wayne Anthony, Mike Baker, Jerry ?Pops? Barnes, Berry H. Henderson, Charles E.

McDaniel, Jr., City Manager Isaiah Hugley, City Attorney Clifton Fay, Clerk of

Council Tiny B. Washington and Deputy Clerk of Council Sandra Davis were also

present.

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ABSENT: Mayor Pro Tem Evelyn Turner Pugh and Councilors Julius H. Hunter, Jr.,

and Evelyn Woodson was absent, but was excused upon the adoption of Resolution

Numbers 446-09, 447-09 & 448-09 respectively.

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INVOCATION: Led by Ms. Darlene Tucker, of Calvary Christian School.



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PLEDGE OF ALLEGIANCE: Led by Calvary Christian Middle School Student Government

Class.

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PUBLIC HEARING:



COLUMBUS WATER WORKS PUBLIC HEARING:



Mr. Bob Tant, President of the Columbus Water Works came forward to

provide information on the proposed changes in water, wastewater rates and

fees. He said they are pleased to be able to hold this public hearing here at

the Council meeting where they can get the coverage that they do and

appreciates that.



He said also present with him is Mr. Jon Davis of the Raftelis Financial

Consultant, who has done their financial plans for the last 15 years.



He went into some details outlining the following information, first

pointing out the prior situation and the need for the proposed rate increase,

which includes the following:

$6.7 million from reserves in past 5 years

Starting in 2002, developed and implemented

Comprehensive Five Year Rolling Financial Plan

Revenue Losses due to Mandated Restrictions and Usage

Pattern Changes

Current rates among lowest in Southeast Cities

Fort Benning Expenses supported by Fort Benning Revenue

Mr. Tant said that no Columbus Water Works revenues, no City of Columbus

revenues go into supporting the Fort Benning water and sewer system, which he

says they own by contract. He said all the support and all of the work done at

Fort Benning is supported by revenues solely from Fort Benning.



Mr. Tant then showed a chart highlighting the current rate comparisoin at

20 ccf, which was done back in April 2009. He said amongst those cities that

they were compared to, Columbus ranks the lowest. He also outlined the rate

changes for the new 5-year plan as highlighted below.



Rate Changes for New 5 Year Plan:

FY2008 2009 2010 2011 2012

Proposed Plan 3.9% 3.9% 3.9% 3.9% 3.9%

Recommended *3.88% *3.77% 3.82%



Mr. Tant then called upon Mr. Jon Davis, of the Raftelis Financial Group

to go into more details on the Rate Plan Review.



Mr. Jon Davis said they have been working with the Columbus Water Works

for the past several years on their financial plan and their water rates. He

then stated the Purpose of Review today, is two-fold. He said we want to give

you some five-year planning projections based on the Five-year plan that Mr.

Tant mentioned, as well as to specifically talk about the proposed 2010 Rate

Recommendations



He then went into some details in outlining the following information:



2010 OBJECTIVE:

Continue five-year rate projections that prioritize efficiency and system

sustainability through 2012 and beyond



Mr. Davis said one thing that they historically shared in this venue is to

look at the revenue requirements that are the cash needs of the Water Works

going forward and said through their projections they have FY-2009/2010, which

they are currently in and the next fiscal year, 2010/2011. He then highlighted

a chart entitled ?Deficit without Rate Increase and outlined what that amount

would be and also pointed out the deficits covered through rate increases and

transfers from the reserve funds.



He also went into some details in outlining the reasons he said for the

need for a rate increase, which are listed below:



REASONS FOR RATE INCREASES:

Inflationary Increases in Costs

Funding of Capital Program

Infrastructure renewal

Regulatory requirements

System Growth

Debt Service Coverage Requirements

Usage pattern changes due to State conservation initiatives





Mr. Davis then went into further details outlining a chart detailing the

Rate Increase Projections from 2008 through the year 2012.



Using several charts, Mr. Davis then went into more details depicting the

following with respect to the 2010 Water and Sewer Rates.



2010 Water Base Charges

(bills rendered as of January 1, 2010)

2010 Water Volume Charges

(bills rendered as of January 1, 2010)

2010 Wastewater & CSO Charges

(bills rendered as of January 1, 2010)

Residential Customer Bill Comparison

Customer Bill Comparison

(20 CCF Average System Customer)



In his conclusion, Mr. Davis made several observations & conclusions and

pointed out that the 2010 rate increases are necessary to:



Satisfy existing debt service coverage requirements

Coverage Projections Minimum: FY 09-10 FY 10-11

Sr. Debt Service Coverage 1.20 1.37 1.72

All Obligations Coverage 1.05 1.09 1.33



Continue the capital program

Address projected deficits



An ?Affordability Program? is in place to assist low-income customers with

water and sewer bills



Projected customer bills compare favorably with other similar communities in

the region



Projected rate increases are still below the national average for water and

sewer rates



After the conclusion of Mr. Davis? presentation, he then asked if there

were any questions of the Mayor & Council members, but there were none. City

Attorney Fay then said this is a public hearing and said anyone who

wants to come forward to make comments for or against this rate increase, or

ask any questions could be heard at this time.



Mr. Paul Olson, 13830 Upatoi Lane, came forward and asked how much bonded

debt service is there, at this moment. He also asked what is the annual debt

service that is paid out and what is the revenue.



Mr. Emory Blount answered Mr. Olson by saying there is $225,000,000 in

bonded debt service and $19,000,00 paid out in annual debt service including

the principal he also said there is $49,000,000 in revenue.









Mr. Olson said that would be basically 40% of the revenues that is

directed towards debt services of the $225,000,000.



Mr. Blount said it would not be $225,000,000, as you are looking at a

budget of $49,000,000 and $20,000,000 from that leaves $29,000,000 to operate

the Water Works overall. He said that $29,000,000 when divided by what the bond

covenants sets should be 1.2 times and said when you look at that, they are

tight, they are right dead on that covenant.



Mr. Olson expressed that he has some concerns due to there being an

increase over the past couple of years we were at $199,000,000 and it seems

like we are getting more indebted and in just a matter of the last couple of

years going from the $199,000,000 to $225,000,000. He said with the economic

and the situation, with us being a deflationary state right now.



Mr. Olson said he pays a property tax for sewerage and said he has been

frustrated and has been concerned with that for several years now; and said he

has asked when are you going to put in infrastructure for those citizens and

residents out in the Upatoi area. He said he has been told that it is not

economically feasible, but said at the same time it?s economically feasible to

tie into Harris County, Talbot County and Fort Benning. He said he doesn?t

understand it, because he feels that the Columbus Water Works should first of

all take care of the customers within the confines of Muscogee County before

you start spending and going into bond indetness to regionalization.



Mr. Tant said 95% of Columbus is sewered. He said that far exceeds many

other cities and we have extended the sewer system and will continue to do so

but there has to be some critical mass of development that makes it somewhat

cost effective to do that.



Mr. Olson also said it is not legal for the Water Works to collect water

and sewage and said it is something that should be looked into from a legal

standpoint.



Councilor Anthony asked the representatives how do we compare to the

surrounding Georgia Cities that are comparable to us.



Mr. Tant referred back to the Customer Bill Comparison slide and said they

are fairly competitive although they (other cities) do charge more. He

pointed out that Augusta is almost $30 above where the City of Columbus is.



Councilor Anthony also asked what kind of capacity is in the Water Works

industry.



Mr. Tant said we have great capacity and said we have a 90,000,000-gallon

per day water plant with there being an average of 35,000,000 gallons. He said

we have lost tremendous water usage due to the closing of the textile mills.

He said we built that capacity to serve those industries we had at that time.



Councilor Anthony commended the Columbus Water Works for its

progressiveness of the past few years and asked who should be contacted in

reference to the affordability plan.

Mr. Tant said we piggyback on the City?s plan for garbage pick-up and said

the Citizens Service Center should be contacted regarding that information.



Councilor Davis asked Mr. Tant if one of the reasons regarding to the loss

of revenues in the reserves is because of loss of water consumption.



Mr. Tant said yes that is one of the reasons.



Councilor Davis also asked if the Water Works would be a recipient of any

stimulus related funds.



Mr. Tant said unfortunately we have not been able to. He said previously

we had been promised $10,000,000. He said we chased it twice but was

unsuccessful in receiving the money.



Councilor Davis said in the past there were questions raised concerning how

rates would be adjusted proportionally due to increase growth in the

community. He said now that Fort Benning is expanding, the Water Works talked

about the offsets of the expenditures are being passed on to Fort Benning,

Harris County and other places that the Water Works is doing business with. He

said if we are going to experience an increase in the populous from that

standpoint growth and the water consumption increases, are the rates going to

be adjusted proportionally to the citizens and not necessarily what?s being

reflected here today.



Mr. Tant said typically we charge other counties a rate that is higher

than the rate that the Columbus citizens pay. He said their charges would

offset any costs we might assume. He said Fort Benning is managed under

contract but we own that system through the contract. He said everything that

we do is paid for by Fort Benning.



Councilor Davis asked if it is based on a flat rate.



Mr. Tant explained that it is based on a flat rate but the contract has

been adjusted several times because of work that has been added to the

contract.



Councilor Davis said with the growth of Fort Benning, if there were a

continued impact on the revenue stream would the increased rates be adjusted

appropriately.



Mr. Tant said this increase is already determined that if we move forward

anything that redounds to the balance or credits of the Columbus Water Works

revenues is that much less, that does not have to be made up in rate

increases. He said we would like to see those impacts within a year. He said

what we are working off of is primarily history and projections that we are

pretty sure about.



With there being no further discussion on this proposed rate increase,

this public hearing was concluded.

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MAYOR?S AGENDA:



WITH THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL TABLE, THE

FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND READ IN THEIR ENTIRETY BY

COUNCILOR ANTHONY AND ADOPTED BY THE COUNCIL:____



A Resolution (412-09) ? Commending Ms. Brantley Boyd Ford, who was

selected as a ?Five Under 40? by Columbus and the Valley Magazine and the

Greater Columbus, Georgia, Chamber of Commerce. Councilor Anthony moved the

adoption of the resolution. Seconded by Councilor Allen and carried unanimously

by those seven members of Council present for this meeting, with Councilors

Hunter, Woodson and Mayor Pro Tem Turner Pugh being absent from the meeting.



A Resolution (413-09) ? Commending Ms. Tammy Sequra, who was selected as a

?Five Under 40? by Columbus and the Valley Magazine and the Greater Columbus,

Georgia, Chamber of Commerce. Councilor Anthony moved the adoption of the

resolution. Seconded by Councilor McDaniel and carried unanimously by those

seven members of Council present for this meeting, with Councilors Hunter,

Woodson and Mayor Pro Tem Turner Pugh being absent from the meeting.



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WITH THE MEMBERS OF THE NORTHSIDE HIGH SCHOOL

LADY PATRIOTS SOFTBALL TEAM STANDING AT THE

COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR

HENDERSON AND ADOPTED BY THE COUNCIL:__________________________________________



A Resolution (414-09) ? Commending the Northside High School Lady

Patriots softball team for placing third place in the GHSA Class AAA State

Championship. Councilor Henderson moved the adoption of the resolution.

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

Council present for this meeting, with Councilors Hunter, Woodson and Mayor Pro

Tem Turner Pugh being absent from the meeting.



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WITH THE MEMBERS OF THE COLUMBUS HIGH SCHOOL

LADY BLUE DEVILS SOFTBALL TEAM STANDING AT THE

COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR

DAVIS AND ADOPTED BY THE COUNCIL:______________________________________________



A Resolution (415-09) ? Commending the Columbus High Lady Blue

Devils softball team for their victory in the GHSA Class AAA State

Championship. Councilor Henderson moved the adoption of the resolution.

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

Council present for this meeting, with Councilors Hunter, Woodson and Mayor Pro

Tem Turner Pugh being absent from the meeting.



WITH COLONEL SAM NELSON, MRS. SALLIE NELSON,

MR. JIM RHODES AND MR. JERRY NEWMAN STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY MAYOR WETHERINGTON AND ADOPTED

BY THE COUNCIL:_________________________________



A Resolution (416-09) ? Commending all veterans of military service for

honorably serving and protecting this country. Councilor Anthony moved the

adoption of the resolution. Seconded by Councilor Henderson and carried

unanimously by those seven members of Council present for this meeting, with

Councilors Hunter, Woodson and Mayor Pro Tem Turner Pugh being absent from the

meeting.

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CITY ATTORNEY?S AGENDA:



WATER WORKS RATE INCREASE HEARING:



City Attorney Fay said for the record, with respect to the Water Works

rate increase hearing, said the Water Works has been around since 1902 and the

General Assembly specifically gave the Columbus Water Works and our Water Board

authority to operate the sewer system and in 1956 GA. Law Page 2525. He said

for all those listening, he would like to make clear for the record that the

Water Works here in Columbus does have authority, sole and exclusive

jurisdiction over the sewer system of Columbus.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND A PUBLIC HEARING WAS HELD AS ADVERTISED AND AFTER SOME DISCUSSION WAS

AMENDED BY THE COUNCIL : _____________



An Ordinance ? Rezoning property located at 3201 Macon Road is proposed

for rezoning from NC (Neighborhood Commercial) zoning district to GC (General

Commercial) zoning district. (21-CA-09-Vaught) The proposed use is for

Retail/Services Center.



City Attorney Fay said we have a substitute ordinance that has been

distributed around the Council table, which would delineate the prohibited uses

in this area, including several items like pawn shops, tattoo parlors, as well

as regulate self-storage; prohibits certain kinds of self-storage. He said

those conditions are also included in the ordinance and said he believes that

Councilor Anthony is going to make a motion to put in the substitute on first

reading.



Councilor Anthony said he would like to incorporate the additional

conditions as outlined by City Attorney Fay and have it available for

discussion, if necessary. He then moved the ordinance be amended and those

conditions are included. Seconded by Councilor Baker and carried unanimously by

those six members of Council present for this meeting with Councilors Hunter,

Woodson and Mayor Pro Tem Turner Pugh being absent from the meeting.





City Attorney Fay said with that amendment this substitute ordinance is

now on the table and is ready for any discussions and/or questions. He said

that Mr. Barry Vaught is present here on this morning. Attorney Barry

Vaught said he is here representing Glenwood Cross Country, who is the owner of

Cross County Plaza Shopping Center and has been since for the last five or six

years. He said they are simply asking that Cross Country Plaza be rezoned from

Neighborhood Commercial to General Commercial. He said also present with him is

Mr. Leo Weiner who is one of the principal partners, who is headquartered in

Atlanta. He said Glenwood is headquartered in Charlotte, North Carolina and

owns about eighteen shopping centers throughout the southeast, with Cross

Country Plaza Shopping being comprised of about 400,000 square feet of space

that is available for leasing. He said Cross Country Plaza remained on C2 in

its first 45 years of existence, which was a general commercial classification

that allowed all the uses across country. He said the problem arose in 2005

when the UDO was passed. He said there was a blanket conversion from C2 to NC;

NC is identified as a true neighborhood commercial classification and said we

simply want to correct what we consider to be an error. He said we did not

find out about the problem until we tried to build the Wachovia building and

realized that NC has a limitation of 5,000 square feet per tenant, which cannot

be changed through the usual variance process.



Mr. Vaught said there are presently 18 tenants that occupy more that 5,000

square feet at the shopping center and said all are now nonconforming and could

not be rebuilt if there were a casualty loss. He said Cross Country could not

lease more that 5,000 square feet to any single tenant. He said with the 5,000

square feet limitation, it makes it difficult to compete for good tenants. He

said the property across Macon Rd. is zoned GC without any restrictions what so

ever. He said Cross Country couldn?t survive with the 5,000 square feet

limitation and said this limitation would prohibit Cross Country from being

used in the manner and purposes for which it was built.

He also said it was recommended by the Planning Department, that the rezoning

be granted without any restrictions. He said when we appeared before PAC, we

agreed with Midtown and Will Burgin, who were spokesmen for the local

neighborhoods around Cross Country, to have some use limitations to satisfy the

neighbors and some or their concerns. He said there was a neighborhood meeting

held last Thursday in which Councilor Henderson and Councilor Allen attended.

Based on the neighborhood meeting and the concerns expressed by the neighbor

through Midtown, Glenwood has agreed to expanded list of use limitations and

height restrictions for Cross Country. He then requested that Council allow

the rezoning to proceed with the use and height restrictions that are in the

ordinance.



Ms. Teresa Tomlinson, representative for Midtown Inc. came forward with a

letter addressed to the Mayor and Council regarding the rezoning of Cross

Country Plaza and Cross Country on the Hill. (A copy of the letter is filed in

the Clerk of Council?s Office) Ms. Tomlinson said, as with any rezoning we have

to consider the property owner?s desire to maximize the use of the land. She

said Midtown Inc. agrees that it is critical that this piece of property be

rezoned to GC in order to command the type of tenants that are necessary for

economic redevelopment. She said although GC is a very broad and intense

zoning classification, representatives from all three neighborhood associations

have been involved in the discussions concerning this issue.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND A PUBLIC HEARING WAS HELD AS ADVERTISED AND AFTER MUCH DISCUSSION WAS

AMENDED BY THE COUNCIL:_________



An Ordinance ? Rezoning property located at 6001 Warm Springs Road is

proposed for rezoning from RE1 (Residential Estate 1) zoning district to RO

(Residential Office with conditions) zoning district. (22-CA-09-Erickson) The

proposed use is for single-family homes.



PROPONENTS:



Mr. David Erickson, representative for Gray Hawk Homes came forward and

said Gray Hawk Homes is in the business of providing houses for people and said

this year we will close approximately 150 houses and each of those houses

represents roughly 300 jobs, which is a significant factor in keeping the

construction industry keep moving in Columbus Georgia. He said roughly 2/3rds

of the property is currently zoned for RO (Residential Office). He said we

have come back with a unified zoning request in order to make sure that the

conditions that we are requesting are applied evenly across the whole

property. At this time, Mr. Erickson explained, in depth, the features and

characteristics of a town home. He said over all the property comes to about

13 acres; it is set to have one entrance jointly with the back entrance of

Sonoma Point in efforts to minimize traffic concerns. He said the units along

Warm Springs Road are set back a minimum 35 ft from the current right-of-way on

Warm Springs Road, which is to provide for potential future widening of Warm

Springs Road. He said it is our intension to have a perimeter fence all the

way along the frontage of both Blackman Road and Warm Springs Road and we will

be preserving all of the trees along that frontage. As he provided visual aid

to the Council, Mr. Erickson went on about 15 minutes explaining in detail the

two concerns that were expressed at the meeting that was held the night before,

which were traffic concerns and tree frontage. In closing, Mr. Erickson ensured

the Council that Gray Hawk Homes is well in consistency with the plans of the

area in terms of comprehensive plan. He advised that there has been a down

tone to NC (Neighborhood Commercial) with 2/3rds of the property being already

zoned and there is modest density for a town home project. At this time he

asked if there were any questions from the Council.



Councilor Allen reiterated that there was a meeting held last night with

approximately 40 neighbors in attendance and said he has a petition with 81

names listed that would be submitted to the Clerk. He said there is also

another list that would be forwarded with an excess of 80 names of those who

have concerns with this particular rezoning. He said he would like to offer

several conditions. Councilor Allen asked Mr. Erickson if there were any plans

for detention ponds in this area.



Mr. Erickson stated that there are no plans for detention ponds in this

and went on to explain that the area has already been preliminary engineered.

He said the clean water requirement would have to be satisfied and there are

some construction fees required, but no permanent detention ponds are

necessary.



The conditions requested by Councilor Allen and the Planning Department

are listed as follows:



A Home Owner?s Association shall be established and shall adopt restricted

covenants for the protection of the neighborhood.

The Town Home Owner?s Association shall be responsible for maintaining the

fencing.



After a few discrepancies involving tree frontage Councilor Allen

requested that he and Mr. Erickson meet between November 10th and November 24th

to review the site plans and resolve this issue.



After more than fifteen minutes of discussion, this matter was concluded

after members of the Council expressed their further questions and views on

this property.



Councilor Allen then moved to add the conditions listed above to the

ordinance. Seconded by Councilor Henderson and carried unanimously by those

seven members of Council present at the time with Councilors Hunter, Woodson

and Mayor Pro Tem Turner Pugh being absent for this vote.



At this time Councilor Allen advised that if Council is not satisfied with

the landscape plans presented between November 10th and November 24th he would

be compelled to ask for a delay in voting on the matter.



Mr. Lorenza Wilder ? 542 Wilder Dr. came forward and said he does not

agree with the fact that Mr. Erickson was aloud to speak for an hour and a half

when the average citizen is only aloud 5 minutes to speak.



City Attorney Clifton Fay responded by explaining that the Georgia State

Laws requires that public hearing time- for and against, should be a guarantied

minimum of 10 minutes.



At this time Councilor Henderson called for item (F) on the City Manager?s

agenda.

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CITY MANAGER'S AGENDA:



THE FOLLOWING PURCHASING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY

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

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

CARRIED UNANIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT FOR THIS MEETING,

COUNCILORS HUNTER, WOODSON AND MAYOR PRO TEM TURNER PUGH BEING ABSENT FOR THIS

MEETING:__ __ __

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A Resolution (417-09) ? Authorizing the execution of a construction

contract with McMath-Turner Construction in the amount of $1,538,042.66 for

Veterans Parkway Streetscape Enhancements.



The Project consists of the following major elements: Roadway

improvements; erosion control, clearing and grubbing, grading of new medians to

include 1,500 CY of top soil, 3,650 feet of concrete header curb, 2,000 feet of

30-inch concrete curb and gutter, 125 feet of 18-inch concrete storm drain

pipe, 8 catch basins, and 4 storm sewer manholes. Signing and Marking: 140 SF

of highway signs, 280 feet of galvanized steel posts, 25,500 feet of

thermoplastic stripping, and thermoplastic pavement markings. Landscaping:

1,300 SY of Corner Plaza paving, 85 pedestrian lights and posts, 40 area lights

and posts, planting (only) of 100 Quercus Nuttallii, planting (only) of 50

Lagerstroemia, 1,800 SY of Zoysia sod, and 1,300 SY of Bermuda sod.

Signalization: 2,700 feet total of 3-inch and 6-inch directional bore, 120 SF

of highway signs, 2,900 feet of steel wire strand cable, 17 strain poles with

30-foot to 60-foot mast arms, 5 traffic installation areas, 24 Type 4, Type 6

and Type 7 polymer concrete pull boxes, 6,000 feet non-metal rigid conduit, 17

Type A intersection video detection assemblies, 1 Type A programming monitor

and testing of all systems.



CITY MANAGER?S AGENDA CONTINUED BELOW

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING THREE ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND INTRODUCED ON FIRST READING:___________________________



An Ordinance ? Amending Chapter 18 of the Columbus Code by deleting both

Code Sections 18-1 and 18-2 and replacing them with new Sections; and for other

purposes.



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An Ordinance ? Amending the budgets for the Fiscal Year 2009 beginning

July 1 2008 and ending June 30, 2009, for certain funds of the Consolidated

Government of Columbus, Georgia, by appropriating amounts shown in each fund

for personnel actions, purchase order and other FY08 carryovers, and various

other activities; and for other purposes.



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NOTE: Councilor Barnes left the meeting at 11:20 a.m.



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An Ordinance ? Providing for the demolition of various structures located

at:



(1) 1412 26th Street (Assett Minus FG Holding Trust, Owner)

(2) 3616 Cusseta Road (Christian Fellowship church, Owner)

(3) 3875 Rufus Street (Lillian Dixon, Owner)

(4) 1018 Benning Drive (Kevin L. Gabrielson, Owner)

(5) 4056 Fairview Drive (Curtis G. Hinson & Virginia Phillips, Owner)

(6) 6 Derby Court (William J. & Idelia Hogan, Owner)

(7) 5652 Peggy Drive (George Johnson, Jr., Owner)

(8) 2938 9th Street (L. C. Johnson, etal, Owner)

(9) 2323 Alford Street (Tito Araos, Jr. & Ramona L. Sanchez, Owner)

(10) 2724 Thomas Street (Donald Smith, Owner)

(11) 4213 Meritas Drive (Stallings Investments, LLC, Owner)

(12) 3033 Baldwin Street (Solomon Roy & Cherry L. Terry trst for Terry

Family Trust, Owner)

(13) 4409 Langdon Street (Mildred Dixon Vinesett, Owner)

(14) 3931 Singer Drive (John T. Vollentine, Owner)

(15) 116 Engineer Drive (John T. Vollentine, Owner)

(16) 118 Engineer Drive (John T. Vollentine, Owner)

(17) 2550 Wedgefield Ct 39 & 40 (Wedgefield Court Apartments, LLLP,

Owner)

(18) 907 32nd Avenue (Western Tennessee Investments, LLC, Owner)

and for demolition services for the Inspections and Code Division

in

accordance with the attached Tabulation of Bid sheet. (Councilor

McDaniel)



Ms. Marleen Blastfield ? 4411 Holly Ave., Trustee ? Administrator for Gill

Company, came forward regarding the property located at 1412 26th St. and said

we are trying to repair the house and make it livable rather that tear it

down. She said she is working on a total of nine other houses, which three of

them are complete and the other six will be ready in about two weeks. She

explained that the houses are being repaired for lost cost rental to benefit

low-income families.



Councilor McDaniel said according to the pictures it appears that the

owners have spent a lot of money on the property already. He then asked Ms.

Rebecca Wiggins why was the house on the demolition list.



Ms. Wiggins replied by saying the property was condemn in May of 2008.

She said they did make some progress on it but however they did step away from

the project for a long time. She said in July our inspections revealed very

slow work and they bought their permits on June 26, 2008 and did not pass the

framing inspection. She said there have been no inspections made or called for

since April of 2009. She also said though they did do some work, the house has

become in disrepair, in terms of vandalism.



Ms. Blastfield requested a minimum of 45 days to make the necessary

repairs to the house.



Councilor McDaniel made a motion to allow a minimum of 60 days to make the

necessary repairs to the house. Second by Councilor Allen, which resulted in

an inconclusive vote of 3 to 3. Voting for the motion was Councilors Allen,

McDaniel and Davis. Voting against the motion was Councilors Anthony, Baker and

Henderson with Councilor Barnes having already left the meeting and Councilors

Hunter, Woodson and Mayor Pro Tem Turner Pugh being absent for this meeting.





City Manager Hugley advised that there is a complete process that has to

take place and to his understanding there were a number of other pieces of

properties under the same management group that were initially going to be

brought but were taken off of the list. He said we are going to continue to

follow our process and said this was a policy decision.



Councilor McDaniel said he understands but still wants to allow the 60

days and if the repairs aren?t made the demolition process will be continued.

He said they have at least attempted to fix up the house.



Councilor Henderson said in case this passes, he would like to request

that it is not removed from the ordinance due to the fact that so many things

can go wrong if it is pulled off of the ordinance.



City Attorney Fay informed Ms. Blastfield that the item would remain on

second reading and come back before the Council in 2 weeks.



*** *** ***



Mr. Carl Johnson ? Assistant Pastor of Christian Fellowship Church, came

forward regarding the property located at 3616 Cusseta Rd. and said we are

coming to Council to inquire as to why this property has come before the

Council. He explained that the issue has come before the Council previously

and demolition is already in progress.



Ms. Rebecca Wiggins came forward and said they did buy a permit and

demolition is in progress, however if they are unable to finish the job we

would want the authority to finish it for them. She said the building is about

? down and the debris has not been taken away. She said we will work with them

through the completion process and only if they are unable to perform, we would

ask the Council approve demolition to allow us to go in and clean it up if they

are unable to perform.



City Manager Hugley advised that the matter could be handled

administratively. He said the building is in the process of being torn down

and he does not see a problem with them continuing the process. He said as a

matter of formality, it was included on the list that if something happened and

their demolition company did not work out, we would have the authority to

proceed with the process.



*** *** ***



Kevin L. Gabrielson ? 1018 Benning Dr. came forward and said when the

property came up for demolition he took out a permit. He said at that time,

our company was in the process of getting a license. He explained that the

company had a business and construction license, which was taken away because

of problems with the state license. He said the state license have been put

back and implemented and we are now up to date with our license.

He then said due to other projects, he has not been able to get to the

property. He then asked the Council to grant him more time to make repairs to

the property. He said he has a crew that can put the house back where it needs

to be.



Ms. Rebecca Wiggins said it is obvious that no work has been done to the

property. She said we condemned the property in December 2008 and Mr.

Gabrielson bought a permit to repair in January of 2009. She said there was

some progress made in March 2009 but there has been no work done to this date.



*** *** ***



Mr. Donald Smith ? 2724 Thomas Street, came forward and said he is

requesting more time to finish his home. He said he bought the house before it

was on the demolition list and said he called every week leading up to the sell

asking if the house would be demolished. He explained that each time he called

to inquire about the house he was told it was not on the demolition list. He

advised that he would like to live in the house and said he has made some

improvements since the purchase of the house but needs more time to finish. He

said he would like 90 days to make the improvements.



Ms. Wiggins explained that Mr. Smith did buy a permit in December of 2008

and he did do some work, however there are many code violations there. She

said she has spoken with Mr. Smith on several occasions and he advised her that

he works on the weekends and after hours but she has not seen much progress in

the past year. She said we have had very many complaints from the neighbors

and residents in the area. She said no new permit has been bought to date.



*** *** ***



Ms. Mary Elizath Meyers ? 2622 Carson Dr., came forward regarding 2550

Wedgefield Ct. Apt 39 & 40 and said her mother is the full owner of the

property and she is partner. She said she and her mother are in full agreement

with the Council that the property should be condemned.





*** *** ***



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL ON SECOND READING: ____________________________



An Ordinance (09-52) ? Amending the text to the Unified Development

Ordinance (UDO) to amend certain sections including Table 3.1.1, Section 3.2,

Section 3.2.63.C.1, Section 3.2.63.G.5(A) and Section 7.12.7; and for other

purposes. (20-A-09-Planning Department)



Councilor McDaniel moved the adoption of the ordinance. Seconded by Councilor

Allen and carried unanimously by those six members of Council present at the

time, with Councilor Barnes having already left the meeting and Councilors

Hunter, Woodson and Mayor Pro Tem Turner Pugh being absent for this meeting.



*** *** ***



THE FOLLOWING RESOLUTIONS WERE SUBMITTED BY CITY ATTORNEY FAY AND THEIR

CAPTIONS READ BY COUNCILOR MCDANIEL AND THEN ADOPTED BY THE COUNCIL PURSUSANT

TO THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR MCDANIEL AND SECONDED BY

COUNCILOR HENDERSON, WHICH CARRIED UNANIMOUSLY BY THOSE SIX MEMBERS OF COUNCIL

PRESENT AT THE TIME, WITH COUNCILOR BARNES HAVING ALREADY LEFT THE MEETING AND

COUNCILORS HUNTER, WOODSON AND MAYOR PRO TEM TURNER PUGH BEING ABSENT FOR THIS

MEETING: _



A Resolution (418-09) ? Expressing appreciation upon their retirement from

the Columbus Water Works to Mr. James Marshall, Jr. after 31 years of service

and Mr. Charles Jones after 36 years of service. (Mayor Pro-Tem Pugh)



A Resolution (419-09) ? Expressing appreciation upon the retirement from

the Parks and Recreation Department to Mrs. Catherine Murray after 24 years of

service.



A Resolution (420-09) ? Expressing appreciation upon the retirement from

the Parks and Recreation Department to Ms. Annette Gibney after 16 years of

service.



A Resolution (421-09) Expressing appreciation upon the retirement from the

Public Services Department to Mr. James D. Talley after 19 years of service.



A Resolution (422-09) ? Expressing appreciation upon the retirement from

the Public Services Department to Mr. Charlie Johnson after 30 years of

service.



A Resolution (423-09) ? Expressing appreciation to Mrs. Alberta Byrd upon

her retirement from Muscogee Manor after 8 Years of service. (Mayor Pro-Tem

Pugh)



A Resolution (424-09) ? Expressing appreciation upon the retirement from

the Columbus FIRE/EMS Department to Lt. Ramon R. Davis after 35 years of

service. (Mayor Pro-Tem Pugh)



A Resolution (425-09) ? Expressing appreciation upon the retirement from

the Columbus FIRE/EMS Department to Sgt. David W. Jenkins after 30 years of

service.



A Resolution (426-09) ? Expressing appreciation upon the retirement from

the Columbus FIRE/EMS Department to Lt. Michael ?Steve? McCain after 28 years

of service.



A Resolution (427-09) ? Expressing appreciation to Mrs. Beverly J. Holland

upon her retirement from Finance/Revenue Division after 30 years of service.



A Resolution (428-09) ? Expressing appreciation to their retirement from

the Columbus Police Department to Major Russell V. Traino after 37 years of

service.



A Resolution (429-09) ? Expressing appreciation to their retirement from

the Columbus Police Department to Sgt. Larry T. Taylor after 33 years of

service.



A Resolution (430-09) ? Conveying condolences to the family of Mr. Warren

A. Sewer, employee with the Columbus Water Works, who passed away on August 4,

2009. (Mayor Pro-Tem Pugh)



A Resolution (431-09) ? Conveying condolences to the family of Mr. Warren

A. Sewer, employee with the Columbus Water Works, who passed away on August 4,

2009. (Mayor Pro-Tem Pugh)



A Resolution (431-09) ? Conveying condolences to the family of Mr. William

Edmond Jr., employee with the Public Services Department, who passed away on

August 22, 2009. (Mayor Pro-Tem Pugh)



A Resolution (432-09) ? Conveying condolences to the family of Ms. Lizzie

L. Hardnett, employee with METRA Transportation, who passed away on September

5, 2009.



A Resolution (433-09) ? Conveying condolences to the family of Mr. Grady

M. Segraves, employee with Inspections & Code Enforcement, who passed away on

September 10, 2009.



A Resolution (434-09) ? Conveying condolences to the family of Mrs.

Valerie Mahone, employee with the Muscogee Manor Rehabilitation Center, who

passed away on September 12, 2009.



A Resolution (435-09) ? Conveying condolences to the family of Mrs. Nellie

G. Pate, employee with Municipal Court, who passed away on September 24, 2009.



A Resolution (436-09) ? Conveying condolences to the family of Mr. Webster

Franklin Lambert, City Manager with the Columbus Consolidated Government, who

passed away on October 5, 2009.



A Resolution (437-09) ? Conveying condolences to the family of Mr. Frank

Mobley, employee with the Parks & Recreation Department, who passed away on

October 6, 2009. (Mayor Pro-Tem Pugh)

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

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



PUBLIC AGENDA:





MR. PAUL OLSON, RE: INTERDENOMINATIONAL MINISTERIAL ALLIANCE AND CREATION

OF CRIME PREVENTION PROGRAM, (2) 501C TAX EXEMPTION (3) AND FEDERAL

LAWS._____________________________________________



Mr. Paul Olson came forward and read from a letter written to the editor

of the Ledger Enquirer regarding the Mayor?s Crime Prevention Program and

Director as it relates to the interdenominational ministerial alliance. (A copy

is filed in the Clerk of Council?s Office)



Mr. Olson also expressed his concerns relating to various Council members

attending the National League of Cities Conference.



*** *** ***





MR. MANFRED METCALF, REPRESENTING VETERANS BAKER ALUMNI, RE: A REQUEST TO

CONSTRUCT THE BAKER VETERANS MEDICAL CENTER._______________________________



Mr. Manfred Metcalf who was listed on the public agenda, did not respond

when called upon by the Council.



*** *** ***





MR. LORENZA WILDER, RE: LIGHT AT STEAM MILL ROAD AND BYPASS AND SPEEDING

AND SIDEWALKS FOR WILDER DRIVE, HIGGS DRIVE AND PINE CREST DRIVE.



Mr. Lorenza Wilder came forward and said he has come before the Councilor

previously to express his concerns regarding the blinking light located on

Steam Mill Rd. within the school zone. He said he has come before the Council

with several issues and has not received a response. He said he acknowledges

that there are more police officers on the street but there continues to be a

problem with speeders on Wilder Drive, Higgs Drive and Pine Crest Drive. He

also suggested that sidewalks be constructed on those particular streets.



*** *** ***





MR. BERT COKER, RE: COUNCIL CHAMBER CONFERENCE ROOM, (2) ILLEGAL ALIENS

AND (3) BOND ISSUE._____________



Mr. Bert Coker who was listed on the public agenda, did not respond when

called upon by the Council.





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

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







CITY MANAGER'S AGENDA CONTINUED:





FINANCE UPDATE:



Finance Director Pam Hodge came forward and said this is the monthly

update for October 2009. She said on the local option sales tax we are at 82

of the 100 Police Officers, 4 of the E-911 and 1 court related position, 70%

per Public Safety. She said we have collected 5.9 million of the 70% for those

3 months, which would be collections for July, August and September and the

total amount spent on Public Safety is 4.7 million this fiscal year. On the

infrastructure 30% we have collected 2.5 million and we have committed $250,000

on the pay as you go purchases. On the operating funds and the general funds

we are down 3.5% from where we were last year. If you pull out the Continental

Carbon settlement that we received last fiscal year the general fund is up

4.91% and of that the local options sales tax is up 2.27% from the same 3

months period last year compared to this year. In all the funds that do

collect taxes, as of this point last year we had not received the home owner?s

tax relief grant, which has been passed on to the home owners, therefore those

home owners that are paying 40% or the full amount of their taxes would be

reflected in this fiscal year numbers.



Sewer Fund ? up 26.48% compared to last year. Ms. Hodge explained

that part of the increase is due to the increase of the mileage rate.



Paving Fund ? up 10. 95%



Medical Center Fund ? up 12.65%



Integrated Waste Fund ? down 2.13 %.



E-911 Fund ? flat from last year to this year.



Economic Development Fund ? down 12.65%.



Debt Service Fund ? up slightly.



Transportation Fund ? up 7%.



Parking Management Fund ? down 20%.



Trade Center ? down 12.97 %.



Bull Creek ? up 1.26%.



Oxbow Meadows ? up 6.29%.



Civic Center Fund ? up 38.40% from last year.





*** *** ***



STATUS REPORT:



City Manager Hugley advised that a few months ago we dealt with a cell

tower request on Old Buena Vista Road, which was denied by the Council and the

Board of Zoning Appeals. He said since then, the applicants have gone back to

the Board of Zoning Appeals with a different structure, which would be a flag

pole type structure. He advised that the Board of Zoning Appeal approved the

structure and said he thought that the Council should be made aware given that

the original request was denied. He expressed that he has some concerns

regarding this issue.



Primer on the

Columbus

Board of Zoning Appeals

&

the Wireless Communication Tower Ordinance



BZA Background Information

Acts as a quasijudicial body

-of, relating to, or being an administrative act, body, or

procedure

that is concerned with the adjudication of specific rights and

obligations rather than the promulgation of rules, that requires

discretion and decision, and that may be subject to notice and

hearing

requirements and judicial review

Appointed by Council

Five Member Board



Responsibilities of the BZA

The Board of Zoning Appeals may hear three types of requests



-Special Exception Variances



-Hardships Variances



-Administrative Decisions



Special Exception Variances

BZA limited to:

-Minimum building setbacks

-Maximum building height

-Minimum lot width

-Public street frontage

-Buffers and screening

-Signage, in accordance with a uniform sign plan

-Parking requirements

-Roadway widths

-Stormwater management requirements; and

-Soil erosion and sedimentation requirements

Hardship Variances

BZA limited to:

-Must be extraordinary and exceptional conditions

-Application of the UDO would cause unnecessary hardship

-Conditions that are peculiar to the property which adversely affect

its

reasonable use

-No hardship for real estate investments, zoning conditions, lot

size

reduction, prohibited land uses, or increase in the number of

dwelling

units



Administrative Appeals

Appeals of an administrative decision by any officer or department

head of the City.

-Establish an Interpretation

-Boundary Determination

-Decision on an Appeal

-Other Interpretation



Notification Procedure

On Special Exception Variances and Hardship cases, notification must go out to

anyone within 300 feet



Administrative Appeals do not carry such a requirement



Wireless Communication Ordinance

Two types of structures

-A wireless communication tower

Requires Council approval



-A concealed structure

Generally can be approved by staff



Concealed Structure Definition

-"any freestanding structure constructed for the primary purpose of supporting

one or more antennae but designed to resemble an architectural or natural

feature of the specific environment, concealing or camouflaging the presence of

the antennae. The term includes but is not limited to clock towers,

campaniles, water towers, silos, light poles, flagpoles, and artificial trees."



Old Buena Vista Road Wireless Communication Tower

425 Old Buena Vista

January 27, City Council denied a Special Exception for a 195 foot wireless

communication tower

September 2, the BZA denied a request for a 195 foot wireless concealed support

structure to resemble a street or parking lot lighting structure





Old Buena Vista Road Wireless Communication Tower

In October a building permit was requested to construct a concealed structure

The tower would be concealed as an 180 foot flag pole

The Planning Department recommended denial on the grounds it does not meet the

true definition of a conceal structure

The administrative decision was appealed to the BZA



Old Buena Vista Road Wireless Communication Tower

The appeal was heard on November 4

The Planning Department argued that the proposed structure did not ?resemble an

architectural or natural feature of the specific environment, concealing or

camouflaging the presence of the antennae.





Old Buena Vista Road Wireless Communication Tower

Hearing this argument, BZA ruled against the Planning Department 5-0 and

granted the building permit

What this action does:

-Authorizes a building permit for the structure at this site

-Establishes a policy for these types of freestand structures to

located

throughout the community

To date, no building permit has been issued



Action for this Case

Case cannot be overturned by Council

-UDO does not authorize a direct appeal to Council

-BZA is a quasijudical body, which has the authority to make

such

decision

UDO does allow for an appeal to the state Superior Court

Definition of concealed support structure needs to be tighten up

-May require a moratorium to do so



City Manager expressed that he has a concern with the BZA being able to

make such a decision that the Council can not touch with out going through

Superior Court, when in fact the Council appoints the BZA.



Councilor Henderson said he agrees with the City Manager. He said he does

not understand how a board that was appointed by the Council was able to

overturn the Council?s decision. He said the broader issue was not the design

of the structure, the broader issue was that this piece of property in a

specific side of town was targeted for any structure.



City Manager Hugley said he would like to look at the ordinance and see if

there could be a change that would allow Council to overrule action by the

BZA. He said he would like to see the Council have the final say on action

that?s taken by the BZA.



City Attorney Fay said the Council could change the UDO to declare that

the Council will have the final say in any cell tower approval whether it is

special exception or administrative appeal.



Councilor Henderson said he would like to see the Council make an appeal

to remain consistent with the first findings of the Council.



At this time Ms. Teresa Tomlinson of Midtown Inc. requested to speak to

the Council.



Councilor Henderson made a motion to allow Ms. Teresa Tomlinson to speak.

Seconded by Councilor Allen and carried unanimously by those six members of

Council present at the time with Councilor Barnes having already left the

meeting and Councilors Hunter, Woodson and Mayor Pro Tem Turner Pugh being

absent for this meeting.



Ms. Tomlinson came forward and said she spoke in opposition to the

construction of the cell tower the first time it came before Council. She said

there are some significant social justice issues involved, as well as many

defects in the application and it did not meet the law on multiple grounds,

therefore the Council should not have to make any adjustments to the ordinance

or any appeals. She informed the Council that the ordinance provides that in a

light manufacturing zoning, if some one is constructing a new tower, they must

get a special exception use, which requires Council?s approval. She said if

they were going to construct a concealed support structure, they would only

need a building permit. She advised that once Council has denied it, there is

a one year waiting period and they could not come back to Council. She said

they went to the BZA and they were denied some time in September. She said by

law they could not go back to BZA for one year, so the third approach is a

nullity. She said anyone who puts forth an application for a concealed

structure that is in excess of 100 ft is asking for something that is

prohibited by law. She said the law provides that the BZA cannot grant a

variance or overturn a building permit that is prohibited by law. She then

suggested that the Council do an investigation into how this happened without

notifying administrative personal.



After about 15 more minutes of discussion on this matter, City Attorney

Fay advised that the Council should make an appeal by December 4, 2009.



City Manager Hugley said he would like to sit down and talk with the City

Attorney and also examine the ordinance.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY

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

COUNCILOR MCDANIEL AND SECONDED BY COUNCILOR ALLEN, WHICH CARRIED UNANIMOUSLY

BY THOSE SIX MEMBERS OF COUNCIL PRESENT FOR THIS MEETING, WITH COUNCILOR BARNES

HAVING ALREADY LEFT THE MEETING AND COUNCILORS HUNTER, WOODSON AND MAYOR PRO

TEM TURNER PUGH BEING ABSENT FOR THIS

MEETING:___

_____ _



A Resolution (438-09) ? Authorizing the purchase property at 3500, 3502,

3505 Califon Court and 827 Englewood Drive.



*** *** ***



THE FOLLOWING EIGHT PURCHASING RESOLUTIONS WERE ALSO SUBMITTED AND

EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE

ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR MCDANIEL AND SECONDED BY

COUNCILOR HENDERSON, WHICH CARRIED UNANIMOUSLY BY THOSE SIX MEMBERS OF COUNCIL

PRESENT AT THE TIME, WITH COUNCILOR BARNES HAVING ALREADY LEFT THE MEETING AND

COUNCILORS HUNTER, WOODSON AND MAYOR PRO TEM TURNER PUGH BEING ABSENT FROM THIS

MEETING:_________ _____



A Resolution (439-09) ? Authorizing the approval to purchase three (3)

trailer mounted 6? water pumps, from Volvo Rents, in the amount of $38,655.00.

These are additional pumps to be used by the Rainwater Division.



On February 10, 2009, Council approved the purchase of a trailer mounted

6? water pump from Volvo Rents, per Resolution No. 61-09, RFB No. 09-0025. The

bid specifications required vendors to submit a bid price for future purchases

during the FY10 budget year. Volvo Rents submitted a bid price of $12,885.00,

per unit, for future FY10 purchases. The vendor has provided written

confirmation to honor the bid price.



*** *** ***



A Resolution (440-09) ? Authorizing the approval to purchase trees, on an

?as needed basis,? from John Deere Landscapes for the estimated annual contract

value of $87,235.00. The estimated contract value is based on the amount the

department has budgeted for the purchase of new trees and tree replacements.

The trees will be planted on various right-of-ways around the City and will be

used as new plantings and replacements for trees damaged or destroyed due to

weather conditions. The bid specifications consisted of thirty-five (35)

different species of trees.



The contract term shall be for one year, with the option to renew for two

(2) additional twelve- month periods. Contract renewal will be contingent upon

the mutual agreement of the City and the Contractor.



The bid specifications were posted on the City?s website. Seven bids were

received on October 28, 2009. This bid has been advertised, opened and

reviewed.



*** *** ***



A Resolution (441-09) ? Authorizing the approval to make payment to

EnerGov Solutions (Duluth, Georgia) in the amount of $40,143.00 for annual

software license maintenance for the Permitting System utilized by Inspections

and Code and the Business License System utilized by the Finance Department?s

Revenue Division. This maintenance payment will cover ongoing support for the

both systems from October 1, 2009 through June 30, 2010.



Both systems were originally purchased from Energov per Resolution #655-05

for the Business License System; and Resolution $#234-08 for the Permitting

System. Energov was already providing maintenance support for the Business

License system, purchased in 2005. In 2008, during negotiations with Energov

to provide the Permitting System, software maintenance for both systems were

combined as a cost savings measure.

*** *** ***



A Resolution (442-09) ? Authorizing the approval to purchase the

RouteMatch Notification Module from RouteMatch Software, Inc. (Atlanta, GA) in

the amount of $55,648.00. The RouteMatch Notification Module (RMNM) is an

expansion of the current RouteMatch System used by METRA?s Dial-A-Ride

Division. The Notification Module will interface with the existing RouteMatch

Software and has the potential for more customer convenience. The following is

a list of the functions of the Notification Module:



(1) Trip Reminder/Confirmation ? RMNM automatically places trip reminder and

confirmation calls to customers the night before their

scheduled trips. This will help alleviate ?no shows? by reminding customers of

their trips and giving them opportunities to cancel during the automated

confirmation call. The interactive call allows customers to cancel a trip after

the normal working hours.



(2) ?Floodgate Messaging? ? plays custom/targeted announcements to inform

customers of anticipated or known service changes.



It will be more cost effective to add the module to the existing system

rather than have a variety of specialized equipment. The added module will

enhance the overall METRA operations.



METRA?s transit scheduling and routing software system was originally

purchased from RouteMatch, per Resolution #366-04. Therefore, the purchase of

the expansion to the existing software is considered an only known source, per

the Procurement Ordinance.



*** *** ***



A Resolution (443-09) ? Authorizing the approval to make payment to

Jordan, Jones and Goulding (Columbus, GA), in an amount not to exceed

$300,000.00, for emergency engineering services required for landfill methane

remediation at Schatulga Road Landfill and Elks Property.

At the Schatulga Road Landfill the monitoring well MM-18 is exceeding the upper

limit of methane present. EPD is requiring the City to implement remediation

activities to solve the problem of methane migrating off the landfill site.

The time-table sent to EPD for Schatulga Road is as follows:



Installation of new gas extraction wells - Nov / Dec 2009

Submit initial report and Minor Modification - Feb / Mar 2010

Evaluation of Effectiveness - July 2010



The property purchased by the City from the Elk's Club (which is adjacent to

the old Camp Landfill) has methane issues. EPD is requiring the City to

install, design and implement methane remediation on the property because MM-2

is exceeding the upper limit of methane present at the old Camp landfill, which

is seeping over to the Elks property. A remediation plan has been submitted to

EPD.



*** *** ***



A Resolution (444-09) ? Authorizing the approval to purchase generators

and UPS upgrades for the 800 MHZ Communications System from Motorola in the

amount of $451,000.00. This purchase will include replacing both the

Generators & UPS systems at the River Rd and Garfield Tower sites & replace the

UPS system at the E-911 Center.



The City purchased an 800 MHz Radio Communication System in 1992 to serve

all Public Safety & General Government departments. The initial Radio System

provided two radio transmission sites that are named Garfield Tower Site and

River Rd Tower Site plus the E-911 Center located at the Public Safety

Building. The Radio System began with 10 radio channels with associated

transmitters, comparators, site controllers and emergency generators and

Uninterrupted Power Supplies (UPS) to continue operation during a commercial

electrical power outage. Over the years, the Radio System had several upgrades

to include two upgrades that are in progress today: (1) Upgrade the

transmission system to operate Digital/Analog & (2) Upgrade the Public Safety

Mobile Data System to High Speed Data and E-911 Center expansion. With these

upgrades, the City will operate using 23 radio channels with all associated

electronic equipment.



The two projects under construction today identified that the existing

Generator & UPS system are insufficient to handle the electrical loads during a

major power failure. Consequently, there is a high risk of the Radio System

going down due to a major power outage event. As part of the Police

Department's High Speed Data proposal, Motorola was asked to quote an upgrade

for the Generator & UPS systems. Motorola is the manufacturer of the City's

800 MHz Radio Communication System, and is therefore considered the only known

source for this purchase.



*** *** ***



A Resolution (445-09) ? Authorizing the approval to purchase thirty-nine

(39) XTS2500 800 MHZ Portable Radios from Motorola in the amount of

$39,000.00. The Federal Communications Commission (FCC) national Rebanding

Project requires that the City swap certain 800 MHz radio frequencies with

Sprint Nextel. The City negotiated an agreement to accomplish this work at the

expense of Sprint Nextel to include the replacement of some 844 radios. These

radios had to be replaced because they either were no longer manufactured or

had insufficient memory to be reprogrammed. The City had thirty-nine MTS2000

Portable Radios with Encryption feature scheduled for replacement. The new

radios were delivered, reprogrammed & distributed to Public Safety

departments. Approximately, two months after their distribution, Sprint Nextel

advised that these radios were not eligible for replacement due to having 512K

memory instead of the normal 256K. Sprint Nextel insisted that Motorola should

not have ordered the radios. After several weeks of negotiating between the

two, Motorola made the City an offer to keep the Encrypted Portable radios for

$1,000.00 each. If the City purchased these same radios from Motorola using

Georgia Statewide Contract pricing, they would cost us $3,140.00 each, a

savings of $83,460.00.

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

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



CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:_________________________________________________



Memorandum from ACCG?s Executive Director- Jerry Griffin, Re: The 2009

District Meeting, November 19, 2009, at the Josh Gibson Youth & Family Resource

Center in Buena Vista / Marion County, Georgia.



Memorandum from Clerk of Council Washington, Re: Board of Health.



Memorandum from Clerk of Council Washington, Re: Board of Honor.



Memorandum from Clerk of Council Washington, Re: Hospital Authority of

Columbus.



Memorandum from Clerk of Council Washington, Re: Housing Authority.



Memorandum from Clerk of Council Washington, Re: The Medical Center Hospital

Authority.



Certificate of Need Application as submitted by St. Francis Hospital for the

renovation and expansion of the existing building and construction of a

clinical services tower.



Biographical Sketch of Yuriy Peter Totskiy, Councilor McDaniel?s nominee to

replace Hidoe Kabumoto on C.I.R.C.L.E.



Biographical Sketch of Penny Leigh Short, Councilor McDaniel?s nominee to

replace Gail Simpson on the Animal Control Advisory Board.



(10) Biographical Sketch of Dr. Shane Darrow, Councilor McDaniel?s

nominee to replace the late Mr. Franklyn Lambert on the Hospital

Authority of Columbus.



(11) Mayor?s Committee for Persons with Disabilities Weekly Report for

the week of October 12, 2009 through October 19, 2009.



(12) Mayor?s Committee for Persons with Disabilities Weekly Report for

the week of October 26, 2009 through November 2, 2009.



*** *** ***



THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF

COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A

SINGLE MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR HENDERSON,

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

MEETING, WITH COUNCILOR BARNES HAVING ALREADY LEFT THE MEETING AND COUNCILORS

HUNTER, WOODSON AND MAYOR PRO TEM TURNER PUGH BEING

MEETING:____

___



A Resolution (446-09) ? excusing Mayor Pro Tem Evelyn Turner Pugh from the

November 10, 2009 Council Meeting.



A Resolution (447-09) ? excusing Councilor Julius Hunter, Jr. from the

November 10, 2009 Council Meeting.



A Resolution (448-09) ? excusing Councilor Evelyn Woodson from the

November 10, 2009 Council Meeting.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND APPROVED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE

MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR HENDERSON, WHICH

CARRIED UNANIMOUSLY BY THOSE SIX MEMBERS OF COUNCIL PRESENT FOR THIS MEETING,

WITH COUNCILOR BARNES HAVING ALREADY LEFT THE MEETING AND COUNCILORS HUNTER,

WOODSON AND MAYOR PRO TEM TURNER PUGH BEING ABSENT FOR THIS MEETING:__

___ _______



A Resolution (449-09) ? Canceling the regular Council Meeting scheduled for

December 22, 2009 and changing the December 29, 2009 Consent Agenda/ Work

Session to a regular Council Meeting.



*** *** ***



(17) Application of Charles Wells to temporarily close Boxwood Boulevard

between Macon Road and Midtown Drive, on Sunday, November 15, 2009 from 9:00

a.m. to 5:00 p.m. (event 1:00 p.m. to 4:00 p.m.) in connection with ?Patriots

for Freedom? event. (The Police Department is recommending denial.)



At this time Mr. Charles Wells requested to be heard by the Council.



Councilor Allen made a motion to hear Mr. Wells. Seconded by Councilor

Henderson and carried unanimously by those six members of Council present at

this time, with Councilor Barnes having already left the meeting and Councilors

Hunter, Woodson and Mayor Pro Tem Turner Pugh being absent for this meeting.



Mr. Charles Wells ? 5420 Wellington Drive came forward and said he could

not understand why the street closing was not approved and would like to

request that Council reconsider. He explained that he is not with the Tea

Party Organization, but he is with the Patriots for Freedom Organization. He

said he went down to the Police Department and filled out the application,

which had no rules or regulations listed. He said he later received a call

from the Lieutenant informing him that the application would not be approved.

He said he went back to the Police Department to speak with Lt. Ross and

requested that he be provided with the regulations pertaining to this street

closing. He said Lt. Ross provided a resolution that was passed in May of 1973

and also provided information pertaining to public demonstrations. He

explained that the organization was not in violation of any of the regulations

provided. He said the explanation that was given on the form stated that the

street closing would block the primary road into a major residential

neighborhood. He explained that there is only a small portion of the street

that would be utilized by the organization and further explained that there is

only one business in that area, which is closed on Sunday. He expressed that

he did not feel that he was being treated fairly.



Councilor Allen asked Mr. Wells what type of activities would be taking

place that would require the street being blocked.



Mr. Wells responded by saying we will have 2 vans present and there will

also be speeches taking place at the event. He said he is also unsure of the

number of people that will attend the event.



After about 5 more minutes of discussion concerning this matter Council

sustained the recommendation for denial.



(18) Letter from Mr. David Serrato resigning from his position on the Uptown

Facade Board.



Councilor McDaniel moved the letter of resignation be received. Seconded by

Councilor Allen and carried unanimously by those six members of Council present

at the time, with Councilor Barnes having already left the meeting and

Councilors Hunter, Woodson and Mayor Pro Tem Turner Pugh being absent from the

meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY APPROVED BY THE COUNCIL:

Board of Tax Assessors, Nos. 37-09 & 38-09.

Board of Zoning Appeals, September 2 & October 7, 2009.

Civic Center Advisory Board, May 21 & June 18, 2009.

Civic Center Advisory Board, & July 16 & August 20, 2009.

Development Authority, October 8, 2009.

Family & Children Services, October 28, 2009.

Golf Authority, September 22, 2009.

Hospital Authority, September 30, 2009.

Housing Authority, June 24 & July 22, 2009.

Housing Authority, August 19, 2009.

Keep Columbus Beautiful Commission, October 13, 2009.



Councilor McDaniel moved the minutes be approved. Seconded by Councilor

Henderson and carried unanimously by those six members of Council present at

the time, with Councilor Barnes having already left the meeting and Councilors

Hunter, Woodson and Mayor Pro Tem Turner Pugh being absent from the meeting.



*** *** ***



THE FOLLOWING NEW ZONING PETITION RECOMMENDED FOR APPROVAL BY THE PLANNING

ADVISORY COMMISSION AND CONDITIONAL APPROVAL BY THE PLANNING DEPARTMENT WAS

SUBMITTED AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY COUNCILOR

MCDANIEL:_________________________________________________



Petition submitted by Kenny Powell c/o Dykes Builders to rezone 1.15 acres

of property located at 8385 Heiferhorn Way from SFR2 (Single Family Residential

2) and NC (Neighborhood Commercial) to NC (Neighborhood Commercial).

(24-CA-09-Powell)



*** *** ***



BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY:



Clerk of Council Washington advised that Ms. Jeannie McKee and Dr. John

Bloszie can be confirmed for reappointment. Councilor McDaniel moved

confirmation. Seconded by Councilor Allen and carried unanimously by those six

members of Council present at the time, with Councilor Barnes having already

left the meeting and Councilors Hunter, Woodson and Mayor Pro Tem Turner Pugh

being absent for this vote.



Clerk of Council Washington also advised that Councilor McDaniel has

nominated Ms. Penny Leigh Short to fill the seat of Ms. Gail Simpson.



*** *** ***



C.I.R.C.L.E:



Clerk of Council Washington advised that Councilor McDaniel has nominated

Mr. Yurey Peter Totskiy to fill the seat of Mr. Hidoe Kabumoto.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY:



Clerk of Council Washington advised that Councilor Allen is working on a

replacement for the seat of Mr. Tyrone Rowe.



*** *** ***









CONVENTION AND VISITORS BOARD OF COMMISSIONERS:



Clerk of Council Washington advised that Mr. Jed Harris, Jr. is eligible

to serve another term.





*** *** ***



COOPERATIVE EXTENSION ADVISORY BOARD:



Clerk of Council Washington advised that a replacement is needed to fill

the seat of Rev. Joseph Roberson who does not desire to be reappointed.



*** *** ***



HOSPITAL AUTHORITY OF COLUMBUS:



Clerk of Council Washington advised that Mr. McDaniel of the Hospital

Authority is nominating Dr. Shane Darrow for the seat of Mr. Franklyn Lambert

and also advised that two additional nominees are needed.



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington advised that Councilor Woodson has

nominated Ms. Camille Walkinshaw to fill the seat of Ms. Susie Hamlet and she

can be confirmed. Councilor Henderson moved confirmation. Seconded by

Councilor Baker and carried unanimously by those six members of Council present

at the time, with Councilor Barnes having already left the meeting and

Councilors Hunter, Woodson and Mayor Pro Tem Turner Pugh being absent for this

vote.



Clerk of Council Washington also advised that Councilor Barnes is working

on a replacement for the seat of Ms. Peggy Myles.



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Clerk of Council Washington advised that Councilor Baker is working on a

replacement for the seat of Ms. Sarah Sillitto.



Clerk of Council Washington also advised that a nominee is needed to fill

the seat of Mr. Harold Bryant.



*** *** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington advised that a replacement is needed to fill

the seat of Mr. Bradford Haines.

*** *** ***



YOUTH ADVISORY COUNCIL:



Clerk of Council Washington advised that Councilor Davis has nominated Mr.

Lewis Berratto and he can be confirmed. Councilor Allen moved confirmation.

Seconded by Councilor Davis and carried unanimously by those six members of

Council present at the time, with Councilor Barnes having already left the

meeting and Councilors Hunter, Woodson and Mayor Pro Tem Turner Pugh being

absent for this vote.



*** *** ***



UPTOWN FA?ADE BOARD:



Clerk of Council Washington advised that nominees are needed for the seats

of Mr. Scott Allen, Mr. Fred Greene, Mr. John Lester, Ms. Cherie Sanders and

Mr. David Serrato, which will be provided by Uptown Columbus.

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

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



With there being no additional business for the Council to discuss, Mayor

Wetherington then entertained a motion for adjournment. Councilor Henderson so

moved. Seconded by Councilor McDaniel and carried unanimously by those sic

members of Council present at the time, with Councilor Barnes having already

left the meeting and Councilors Hunter, Woodson and Mayor Pro Tem Turner Pugh

being absent for this vote, with the time being 1:17 p.m.



Tiny Washington, CMC

Clerk of Council

The Council of Columbus, Georgia













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