MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR SESSION
SEPTEMBER 27, 2011
The monthly night meeting of the Council of Columbus, Georgia was called to
order at 5:30 P.M., Tuesday, September 27, 2011, on the Plaza Level of the
Government Center, Columbus, Georgia. Honorable Teresa Pike Tomlinson, Mayor,
presiding.
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PRESENT: Present other than Mayor Tomlinson were Councilors R. Gary Allen, Mike
Baker, Jerry Barnes, Glenn Davis, Berry Henderson, Bruce Huff, and Judy Thomas.
City Manager Isaiah Hugley, City Attorney Clifton Fay, Clerk of Council Tiny B.
Washington and Deputy Clerk of Council Sandra Davis were also present.
Mayor Pro Tem Turner Pugh took her seat at 5:35 p.m.
ABSENT: Councilors Charles McDaniel, Jr., and Evelyn Woodson were absent.
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INVOCATION: Led by Reverend Henry ?Pastor Trae? Green, III, of Greater St.
Marks AME Church.
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PLEDGE OF ALLEGIANCE: Led by Forrest Road Elementary School Students.
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MINUTES OF COUNCIL MEETING: Minutes of the August 2, 2011 Special Called
Meeting of the Council of the Consolidated Government of Columbus, Georgia were
submitted and approved by the Council.
Councilor Allen moved approval of the minutes. Seconded by Mayor Pro Tem
Turner Pugh and carried unanimously by those eight members of Council present,
with Councilors McDaniel and Woodson being absent from this meeting.
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CITY ATTORNEY?S AGENDA:
WITH THE FAMILY OF MRS. FRANCIS K STEED STANDING AT THE COUNCIL TABLE,
MAYOR TOMLINSON READ THE FOLLOWING RESOLUTION IN ITS ENTIRETY AND IT WAS
ADOPTED BY THE COUNCIL: ________________________________________________
A Resolution (307-11) - Conveying condolences to the family of Mrs. Francis
K. Steed, Supervisor of the Animal Care & Shelter Section who served the
citizens of Columbus for25 years.
Councilor Allen moved adoption of the resolution. Seconded by Councilor
Barnes and carried unanimously by those eight members of Council present, with
Councilors McDaniel and Woodson being absent from this meeting.
Mayor Tomlinson also recognized the presence of former City Manager Carmen
Cavezza and his wife who were special friends with Ms. Francis Steed and have
recommended to the city that we name the Columbus Animal Care & Control Center
in honor of Mrs. Steed. She said that request is currently pending before the
Board of Honor.
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THE FOLLOWING ORDINANCE LISTED ON THE CITY ATTORNEY?S AGENDA WAS SUBMITTED AND
EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND
READING:______
An Ordinance (11-46) ? Amending the Zoning Atlas of the Consolidated
Government of Columbus, Georgia; this amendment changes certain boundaries of a
district located at 3610 and 3612 Hamilton Road from NC (Neighborhood
Commercial) to RMF1 (Residential Multi-Family 1) zoning district.
Councilor Allen moved the adoption of the ordinance. Seconded by Councilor
Barnes and carried unanimously by those eight members of Council present, with
Councilors McDaniel and Woodson being absent from this meeting.
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An Ordinance (11-47) ? Amending the Zoning Atlas of the Consolidated
Government of Columbus, Georgia; this amendment changes certain boundaries of a
district located at 9220, 9226, 9232, 9244, 9248, 9254 and 9258 Granite Field
Court. The request is to amend Condition No.2 (d) of Ordinance 05-29, which
dictates buffer requirements on the subject properties.
Councilor Henderson moved the adoption of the ordinance. Seconded by
Councilor Allen and carried unanimously by those eight members of Council
present, with Councilors McDaniel and Woodson being absent from this meeting.
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An Ordinance (11-48) ? Amending the Zoning Atlas of the Consolidated
Government of Columbus, Georgia by correcting the legal description contained
in Ordinance No. 11-42 which changed certain boundaries of a district located
at 6003 Veterans Parkway from GC (General Commercial) Zoning District to RO
(Residential-Office) Zoning District.
Councilor Davis moved the adoption of the Ordinance. Seconded by Councilor
Thomas and carried unanimously by those eight members of Council present, with
Councilors McDaniel and Woodson being absent from this meeting.
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An Ordinance (11-49) ? Amending the Columbus Code by adding a new
Subsection (j) to Section 3-5 pertaining to the location requirements
applicable to licensed alcohol brokers; and for other purposes.
Councilor Henderson moved the adoption of the ordinance. Seconded by
Councilor Allen and carried unanimously by those eight members of Council
present, with Councilors McDaniel and Woodson being absent from this meeting.
ZONING PUBLIC HEARINGS:
THE FOLLOWING ORDINANCES WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND A PUBLIC HEARING WAS HELD AS
ADVERTISED:_____________________________________
An Ordinance - Rezoning property located at 1660, 1664, 1702, 1708, 1712 and
1716 Elvan Avenue is proposed for rezoning from SFR3 (Single Family Residential
3) to RMF1 (Residential Multi-Family 1) zoning district.
PROPONENTS & OPPONENTS:
The petitioner was present but did not make a presentation as there was no
one present to oppose this proposed presentation.
City Attorney Fay said this would be voted on in two weeks.
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THE FOLLOWING THREE ORDINANCES RELATED TO THE ALCOHOLIC BEVERAGE CODE WAS
ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND INTRODUCED ON FIRST
READING:________________________________________________________
An Ordinance - Amending the Columbus Code by adding a new subsection
3-1(gg) to provide procedures and restriction on the issuance of on-premises
licenses to certain Non-alcohol Retail Establishments; and for other purposes.
City Attorney Fay pointed out that this ordinance was recommended by the
Alcohol Review Committee and adds the new Section 3-1 (gg) to provide licensing
procedures to refrain establishments that have at least 80% business from
non-alcohol activity. He said they can have 20% or less alcohol sales under
this new category of license.
Mayor Tomlinson said the Alcohol Review Committee was convened earlier this
summer; Councilor Thomas was an ex-officio member and attended all the
meetings. She said one of the precipitating events was what a lot of people in
the media called the ?Mimosa Situation?, which caused confusion in the business
community as to what exactly, was lawful and what was unlawful possession of
alcohol. She said from that came the Alcohol Committee made up of citizens.
Mayor Tomlinson then recognized members of the Alcohol Committee present in
Council chambers.
Councilor Thomas thanked the committee for their work, stating that there
were at least 4 or 5 meetings that were lengthy and informative. She said some
of this came about because business owners saying they were not sure exactly
where they stand on the alcohol ordinance issue had approached members of
Council. She said the committee tried to keep their focus on the alcohol
ordinance and they were not interested in rewriting the whole thing. She said
with this first ordinance, we were looking for a term and we came up with the
non-alcohol retail establishment. It seems that in the community there are a
number of businesses that have expressed interest in coming to Columbus that
are non-alcohol retail establishments but they wished to provide alcohol to
their customers as they come in.
Councilor Thomas gave an example of a movie theater that may want to (in
the evening) have an art movie and sell wine to its customers. She said in
order to do that under this provision this business would have to first have an
alcohol license and that means they would have to go through all the rules and
regulations to get an alcohol license. She said the committee also looked at
what they could allow that would keep this focus:
The hours that the non-alcohol retail establishment could sell beer and wine
only to their customers between 5:00 pm and Midnight. During that time, they
still must receive 85% of their income from the primary business.
To make sure there would be no adult entertainment for this type of license and
that the business could not charge a cover charge. One of the reasons for this
was because of restaurants wanting to close at 9:00 p.m. but open their
facility for people to come in and drink alcohol; the restaurant then would
make their money from the cover charge and the set-up charges. In order to
prevent that, we said if you have one of these licenses you cannot charge a
cover charge and must get 85% of income from whatever the primary business is.
There was also another business that served as an art & wine establishment for
people who want to come to paint or take art lessons and bring a bottle of wine
to drink during lessons. She said the committee?s position is that an alcohol
license is required to do this. In addition to paying an additional $1,000 fee
for this non-alcohol retail establishment on site license. And all of the other
provisions of this section applied to Section 9 ? 80% income must come from
non-alcohol business, no cover charge, must be done before 5:00 p.m. and
midnight; etc. She said that was the impetus for this first provision.
Councilor Thomas pointed out in the material provided to Council, there are
other parts of this section where we have inserted the non-alcohol retain
establishment in places where it should be inserted. We believe that these
requirements would prevent some of the abuses from the small percent of
citizens who are looking for somewhere around the loophole. She said that is
basically this first proposal.
Councilor Henderson suggested we put some of these (alcohol ordinance) on
the work session agenda and allow ourselves time to walk through the
recommended changes where the committee can also answer some of the questions.
He said the first question he has is why are they restricting sales from 5:00
p.m. to midnight, because his understanding is that what they (city) was trying
to do is allow individuals that wanted to occasionally (once per month) have
events where alcohol is served or consumed. He said we also talked about bridal
shows during a special showing where wine or champagne is served. He said what
he is asking is to be reassured as we walk through this thing and the committee
would have to recover old ground.
Mayor Tomlinson said there are three ordinances here and the first one
addresses Christmas parties and incidental use, and this ordinance would not
allow that. She said we had a lot of discussion with the State Revenue
Division, or local people who enforces the laws and our law enforcement
agencies and if you are a regular business and do not have an alcohol license
you can not once a month sell alcohol in your establishment. That is not what
any of these ordinances do.
Councilor Henderson asked for clarification that what this ordinance does
is create a section in the licensing ordinance that allows you to add alcohol
to your primary business, to which Mayor Tomlinson responded in the
affirmative. She further pointed out that this first ordinance creates a
category. She said Columbus, Georgia unlike other cities in the State of
Georgia only allows you to apply for an alcohol license if you are a restaurant
or bar, but in other communities they have things like brushes and beverages,
which is a thriving business opening all over the country or some of these
other innovative businesses. She said they can?t even apply for liquor license
in Columbus, Georgia because they are not a restaurant or bar.
Mayor Tomlinson explained that if this was adopted in Columbus, one could
apply for liquor license if they wanted to have a restaurant, bar, or if they
fell into this other category. It would allow us flexibility to accept some of
these other businesses that want to come to the Columbus market, but don?t
qualify to apply.
Councilor Thomas said this would not prevent that person who once a month
who wants to have a wine and cheese event, but currently they can do that if
they have a license caterer bring the alcohol into the business. This would not
allow the owner to purchase alcohol to be served in the establishment and is
not allowed under any of these proposed alcohol ordinances. She said one can
still have a wine and cheese tasting at a bridal show if they engage a caterer
because the caterer would have the liquor license.
Mayor Tomlinson said there were regular businesses that either had an
employee retiring and they wanted to celebrate that retirement, have a holiday
party after the close of business, and our ordinance makes that unlawful to
even have alcohol for private non-business use on the premises. What we
discovered was that outlawed activity in Columbus, Georgia was outlawed because
our language was inconsistent with State law. We attempted to track in but did
not and created this odd circumstance where if you did not have a liquor
license, you could not even poses alcohol for any reasons. She said that is in
the third ordinance.
City Attorney Fay said what he thinks Councilor Henderson was getting to
with the 80% of sales being non-alcohol related and that is during all business
hours.
Sgt. Bill Gassaway, Columbus Police Department came forward and stated that
he had some concerns but they were addressed to the committee. He said he is in
support of the ordinance and whatever the Council passed, he would enforce. He
said some of his concerns were with regard to persons who abuse the ordinance
or look for ways around it. He said he is satisfied with what we have so far
and it is a good thing for businesses that want to do things the right way and
this would give them that opportunity.
Maj. Randy Robertson, Muscogee County Sheriff?s Office came forward and
said one important part that he and Sgt. Gassaway played on the committee was
that of the devil?s advocate that anytime something would come up, they would
try to find holes in it. He said the committee was very good in sewing up those
holes and fixing the issues. He said we are not going to come up with an iron
clad piece of legislation that no body is going to violate; there will continue
to be those that will try to circumvent the law in order to save a few hundred
dollars and that is why the citizens expect the police department and other law
enforcement agencies to police the community. He said what we did find out
through this is that Columbus, Georgia is progressive as we are; we are still
quite a bit behind other communities especially when it comes to them taking
advantage of these types of businesses and economic development issues. He said
the city attorney also went above and beyond writing a good piece of
legislation.
In responding to a question from Mayor Pro Tem Turner Pugh regarding bridal
shops serving wine, Maj. Robertson explained that the way it is written now,
there would be some requirements that the owner of that or any other business
would have to go through before they could serve alcohol.
Mr. Richard Bishop, Representing Uptown Columbus, Inc., came forward and
stated that there are two art studios in the Uptown area that would more than
likely take advantage of this opportunity because it does provide another
avenue to generate revenue and create more jobs for the area and he is in full
support of it. He said it was an intense process involving public safety
personnel as well as city staff for finding out what other cities were doing;
this gives us an opportunity to step forward and meet the needs of some of the
businesses we see coming to Columbus ? more specifically two businesses in the
uptown area.
Councilor Barnes said from an economic development standpoint he is in
favor of this as Columbus is moving when it comes to things like this. He said
he would like to reaffirm Councilor Henderson?s suggestion to set aside a time
when we can go through this and work through questions Council may have. He
said he would like to request a work session solely to deal with this
ordinance.
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An Ordinance - Amending the Columbus Code by revising Subsection 3-12(i)
pertain to the requirements for the permission to cater; and for other purposes.
City Attorney Fay explained that this proposed ordinance would change the
catering provision in Section 3-12(i) to allow on premises alcoholic beverage
licensees to do catering. He said for instance, Country?s Bar-b-que which only
has a beer and wine license cannot currently cater outside their license and
cannot cater alcohol because they are not a mix drinks licensee.
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An Ordinance - Amending Section 3-20(d) of the Columbus Code so as to
require alcoholic beverage licenses for manufacturing, distribution, sale,
handling, and possession for sale or transport of alcoholic beverages; and for
other purposes.
City Attorney Fay explained that this ordinance removes a prohibition that
would require a person, corporation or partnership to possess for sale,
manufacture, distribute, without a valid alcohol beverage license. He said
before, we had the word possess in the list along with manufacture, distribute,
and sale, and that was getting people who wanted to have an office party or an
after hours private function in trouble. He said this would remove that
prohibition whether it?s a law firm or an accounting firm, allowing them to
have a private event, as long as they don?t posses for sale or sell the
alcohol. He said this ordinance addresses possession of alcohol by a private
entity.
Mayor Tomlinson said if this ordinance is adopted/amended, it would bring
us into compliance with the State law, because our language is currently
inconsistent with State laws and creates two different standards.
Councilor Thomas pointed out that the word ?possess? has been deleted and
we have added manufacture and distribute because that is what is in the State
law. She said one of the things that we looked at with this ordinance is that
there were questions about RV Parks and Alcohol, and what we are trying to do
is clear that up.
Mr. Don Morgan, a local attorney came forward and stated that he represents
one of the businesses affected by these ordinances. He said this ordinance
change(s) being proposed is a product of negotiations and no one came away with
everything that they wanted, but everyone was satisfied with the results
achieved. He said his client owns a campground and event center and it is an RV
Park where people come in from out of town and stay for various length of time.
He said under the current version of Section 3-20(d), with the word possess in
that ordinance, it is a fair reading of that ordinance that anybody in the
campground who possess alcohol causes his client to be in violation of the
Columbus Ordinance. He said he don?t think that is what anybody intended, but
that is a real reading of that act and he believed that it is in his client?s
best interest that this ordinance be changed. He said with regard to the event
center, it is one where people would book for weddings and many people would
like to have beer and wine at weddings, and many people also cannot afford to
hire a licensed caterer to cater that event, and consequently the changes in
3-1(gg) are designed to get his client the opportunity to buy licenses and
spread that overhead expense among various people who want to have an event at
the event center and have beer and wine for their guests. One of the things we
would like to have is the opportunity to serve alcohol at 2:00 p.m. for an
afternoon weeding but it is not there. We did not get everything we wanted and
nobody got everything they wanted. He said this is an ordinance, which I
advocate on behalf of my client but I also think the committee has done a great
job.
Mr. William Jackson and Mrs. Linda Jackson came forward and said they are
here to speak on the catering side of this proposed ordinance. Mr. Jackson said
they own a business and carries a liquor license and they are in opposition of
the ordinance to allow catering centers to have liquor license due to the fact
that it?s in direct competition with caterers.
Mrs. Linda Jackson said right now Section 3-12(i) do not define catering
and she would like to see the Alcohol Review Committee address catering. She
said what she is seeing is that they are charging for the alcohol and charging
a cover charge. She said the Event Center is not a license alcohol location so
they are using an on-premise license from another business and then they are
operating like a club.
Following some additional comments from Mayor Tomlinson, City Attorney Fay,
and members of Council, Councilor Thomas requested that these three proposed
(alcohol) ordinances be put on the next Work Session Agenda.
City Attorney Fay said Items 6, 7, & 8 on the City Attorney?s Agenda are
delayed pending discussion at the next Work Session after which they will come
back on first reading at a later date.
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THE FOLLOWING RESOLUTIONS LISTED ON THE CITY ATTORNEY?S AGENDA WERE
SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE
COUNCIL:___________
A Resolution (308-11) ? Approving a Special Exception Use to permit a place
of worship in excess of 250 seats on property located at 4057 Pope Road.
Councilor Allen moved the approval of the resolution. Seconded by Councilor
Huff and carried unanimously by those seven members of Council present, with
Councilor Thomas being absent for this vote and Councilors McDaniel and Woodson
being absent from this meeting.
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EXECUTIVE SESSION:
City Attorney Fay requested a short executive session at the end of the
regular session to discuss personnel matters.
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RESOLUTION FOR JUDGE COHN:
Councilor Barnes called for a resolution expressing the Council?s
appreciation for Judge Aaron Cohn upon his retirement as Juvenile Court Judge.
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PUBLIC AGENDA:
THE FOLLOWING PERSON (S) APPEARED ON THE PUBLIC AGENDA AND PROVIDED IS A
SUMMARY OF EACH PERSON (S)
COMMENTS:______________________________________________________
MS. HELGA SCHIFANO, RE: REQUEST FOR WAIVER OF PENALTY AND INTEREST ON
PROPERTY
TAXES:_____________________________
Ms. Helga Schifano, 14727 Uptaoi Lane, came forward and stated that in
December 2010 she purchased the lot at 8110 Upatoi Ridge Drive and it was sold
in foreclosure on the court house steps. She said before she bought the
property she was told that the taxes for 2009 and 2010 were not paid and in
February she received a tax bill for 2010 for the taxes on the lot but not for
2009. She said she called the tax office and asked about outstanding taxes but
was told there was none. She said in August she received notice saying there
were overdue taxes for 2009 on that property. She said she came in and paid it
but she felt that it was not her fault that the taxes were not paid for 2009
since she was not informed of it earlier. She said she is requesting a waiver
for penalty and interest on the 2009 taxes in the amount of $145.19.
Ms. Lula Huff, Tax Commissioner came forward and explained that Ms.
Schifano did not own the property in 2009, there was a tax lien, it was
recorded, and it was there when the foreclosure took place and this was a
foreclosure outside of her jurisdiction.
Responding to a question from Councilor Baker, Ms. Huff explained that the
tax lien would be for 2009 and penalty and interests from the date it was not
paid.
Following additional questions and comments from Mayor Tomlinson and
members of Council, Councilor Allen made a motion to waive the penalty for the
period of time that Ms. Schifano did not own the property. Seconded by
Councilor Barnes but there was an inconclusive vote of 2 to 6 with Councilors
Allen and Barnes voting yes, and all other Councilors present voting no and
Councilors McDaniel and Woodson being absent from this meeting.
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CITY MANAGER?S AGENDA:
City Manager Hugley pulled item (d) on the purchases.
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THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY
MANAGER HUGLEY AND ADOPTED BY THE COUNCIL:
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A Resolution (309-11) - Authorizing the request to submit an application,
and if approved, accept a grant for $15,000 from the 2010 Homeland Security
Grant Program for maintenance of equipment that was purchased from the 2008
Hazardous Materials Response Grant.
Councilor Allen moved approval of the resolution. Seconded by Councilor
Henderson and carried unanimously by those eight members of Council present,
with Councilors McDaniel and Woodson being absent from this meeting.
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A Resolution (310-11) ? Authorizing the request to submit an application,
and if approved, accept a grant for $20,000 from the 2010 Homeland Security
Grant Program for maintenance of equipment received as part of the West Central
Georgia Search and Rescue Team.
Councilor Allen moved approval of the resolution. Seconded by Councilor
Henderson and carried unanimously by those eight members of Council present,
with Councilors McDaniel and Woodson being absent from this meeting.
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A Resolution (311-11) ? Authorizing the acceptance of a deed to Cottage
Pointe Court located in Summer Grove. The Department of Engineering has
inspected this street and recommends the acceptance.
Councilor Davis moved approval of the resolution. Seconded by Councilor
Allen and carried unanimously by those eight members of Council present, with
Councilors McDaniel and Woodson being absent from this meeting.
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A Resolution (312-11) ? Authorizing the execution of a Change Order to the
January 26, 2010 Memorandum of Understanding with the Muscogee County School
District to provide for construction of a connector road to a new bus transfer
station on a three acres tract behind the Library, formally known as the
Carmike property, located on the south side of Weracoba Creek.
City Manager Hugley explained that the request from the Muscogee County
School District had to be amended and Council is provided those amendments at
their workstations. He said what they are asking for is the approval of Change
Order #2 and Change Order #3. Following further explanation by City Manager
Hugley, Mr. Newt Aaron (Newt Aaron & Associates), and members of Council,
Councilor Allen moved approval of the resolution. Seconded by Councilor Huff
and carried unanimously by those eight members of Council
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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND AFTER SOME DISCUSSION WAS DELAYED AT THE REQUEST OF THE COUNCIL:
A Resolution ? Authorizing a permanent aerial encroachment for an overhead
conveyor system into the public right-of-way of Fortson Road approximately 500
feet north of the intersection of Vulcan Plant Road to Vulcan.
Following discussion by several members of Council regarding the aesthetics
of the overhead conveyor system, Councilor Henderson made a motion to allow the
representative from Vulcan Plant to be heard. Seconded by Councilor Allen and
carried unanimously by those eight members of Council present, with Councilors
McDaniel and Woodson being absent from this meeting. However, Mr. Morgan did
not address Council and City Manager Hugley requested to delay this item to
allow staff to speak with Vulcan Materials about concerns addressed by Council
i.e. permanent encroachment subject to review every ten years; rewording the
Memorandum of Understanding to a fifty year agreement instead of permanent;
abandonment clause on whose responsibility it would be to remove this structure
should it become abandoned.
City Manager Hugely then informed the Mayor and Council that this item
would come back on the second Tuesday in October.
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THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND ADOPTED BY THE
COUNCIL:________________________________________________________
A Resolution (313-11) ? Authorizing the execution of an agreement with Fort
Benning to provide Special Reaction Team Services by the Columbus Consolidated
Government Police Department SWAT Team for $35,000 annually.
Mayor Pro tem Turner Pugh moved approval of the resolution. Seconded by
Councilor Davis and carried unanimously by those eight members of Council
present, with Councilors McDaniel and Woodson being absent from this meeting.
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THE FOLLOWING THREE PURCHASING RESOLUTIONS LISTED ON THE CITY MANAGER?S
AGENDA WERE SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED PURSUANT
TO THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM TURNER PUGH. SECONDED
BY COUNCILOR BARNES, WHICH THEN CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF
COUNCIL PRESENT, WITH COUNCILORS MCDANIEL AND WOODSON BEING ABSENT FROM THIS
MEETING:_____________
A Resolution (314-11) ? Authorizing the purchase of plumbing and irrigation
supplies from West Georgia Plumbing Supply, on an ?as needed? basis, for the
estimated annual contract value of $61,392.20. Plumbing and Irrigation Supplies
will be used for maintenance and installation at city facilities.
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A Resolution (315-11) ? Authorizing the purchase of one (1) Elgin Eagle
Street Sweeper, from Environmental Products of Georgia (Atlanta, GA). The
street sweeper will be used by the Heavy Equipment Division of the Public
Services Department to sweep the I-185 bridges, main thoroughfares and
intersections throughout the City. The street sweeper is a replacement vehicle.
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A Resolution (316-11) ? Authorizing to declare the vehicles and various
equipment 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
October 22, 2011. The Auction Way, the City?s contracted auctioneer, will
conduct the auction. The equipment has either been replaced or placed out of
service due to excess maintenance cost. City departments have had the
opportunity to review these items for functional worth.
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INTEGRATED WASTE RFP REFERRAL DISCUSSION:
City Manager Hugley said this is a referral that really came from Councilor
Thomas and we wanted Council to take a look at it to see if it includes all the
things they would want to see if they were to decide to go out with an RFP to
take a comprehensive look at our integrated waste. He said staff spoke with a
consultant we have on another project to get an idea of what something like
this would cost and they have given an estimate of $100,000 - $150,000. He said
what they would be doing is looking at a proposal to provide a comprehensive
assessment of the current integrated waste operation to include operation,
disposal, and landfill operations. The study will look at all aspects of
operations, revenue generation, and labor cost associated with providing this
service to our citizens. He said this draft RFP proposal is all-inclusive and
provides Council all the information they need to make an informed decision if
they were to do something with integrated waste.
Councilor Thomas said this is exactly what she was looking for and it is a
very comprehensive document. She said she would hope that we would put it out
as an RFP request as it won?t cost us anything to ask for responses to the RFP
and once it comes back in, if it is lower than Council thinks we should be
spending on this issue, we will deal with it. She expressed her appreciation to
the staff for the work they put into this document.
City Manager Hugley said he would give Council another week or two to
continue to review the document. He said we can always least the RFP and get
proposals in and then Council have the right to refuse any and all if they so
desire.
Councilor Davis said he is okay with the request, but he is not giving a
signature of endorsement as yet as he does not understand what is going to come
back from the RFP. He said we (the city) need to start making progress on
vehicle replacement and taking care of some of those needs.
City Manager Hugley explained that we have been working on that and we are
pulling the numbers together and we think we should have something by the
second Tuesday in October ? we would be able to do a presentation on the
capital replacement plan and we are also attempting to identify where dollars
could come from that we can start to set aside for capital replacement.
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MONTHLY FINANCE UPDATE:
Ms. Pam Hodge, Finance Director came forward and provided the following:
Local Option sales Tax Report ?
Increase in Other Local Option Sales Tax 2010-2011 of 1.9%. Slight increase in
collections.
FY2012 ? 70% (Public Safety) is $2.2 million and 30% (Infrastructure) is
$946,000 for a total of $3,153,000.
Police Department at the end of August we had 94 of the 100 positions filled.
Councilor Thomas asked about the four positions in the Marshall?s
Department and that he has been authorized five but only hired four, to which
Ms. Hodge responded that it is her belief that the fifth position has since
been filled, but at the end of August, only four of the positions were filled.
Public Safety expenditures from the other Local Option Sales Tax ? Court
related positions and other departments with public safety personnel.
Infrastructure ? to date, we have spent $1,370,000, compared to previous year
(FY11) $2.9 million was spent on roads and that had a lot to do with the
resurfacing program.
Operating Fund Summary ? general fund is up 3.41% over the same period of time
last year. Local Option Sales Tax, which represents one month of collections,
was up 13.46% from the same period last year.
Sewer Fund ? down $15,000, which represents 12%. Sewer fund, paving, economic
development, and medical center funds are generated mostly supported by taxes,
which will not come in until October.
Paving Fund ? almost exactly the same as we were last year.
Medical Center ? down .34%
Integrated Waste ? down 2.89% - $26,000 from last year
E911 ? up 4.88%
Economic Development ? down .34%
Debt Service Fund ? showing it is down 57% and that is due to the Local Option
Sales Tax transfer that was made for the funding of the bond issues that were
done in 2010.
Transportation Fund ? down 38%. Transportation fund is METRA; another fund that
has revenue from taxes that has not come in. The other major funding source to
this fund is grants. The difference in last year to this year has to do with
timing of us receiving those grant revenues.
Parking Management ? up 20%, $6,000
Trade Center Fund ? up 13.5%
Bull Creek ? down 2.5%, $7,000
Oxbow Creek Golf Course ? up 2.5%
Civic Center Fund ? down 22%, $90,000. We are showing through August, revenue
from the Ice Rink this fiscal year of $31,000
Following Ms. Hodge?s presentation, she responded to questions from members
of Council on future collections/funding and the amount budgeted in FY12 from
LOST for Public Safety and Infrastructure.
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2010 PROPOSED LEGISLATIVE AGENDA:
City Manager Hugley called the Mayor and Council?s attention to the
information section, which has the 2010 Proposed Legislative Agenda. He
explained that we have never approved a legislative agenda prior to the
hometown connection. He said typically it would go out and we will solicit from
department heads, elected officials, and members of Council anything they want
to repeat on the legislative agenda from the prior year or any new things they
would like to add. He said we then compiled what would be the legislative
agenda and then we share it as we are doing tonight in preparation for just
talking to the legislative delegation. He said things could be added even after
the hometown connection legislative agenda with the delegation. He said around
November timeframe, we would come with individual resolutions for every single
item on the legislative agenda and Council members would then vote on those
resolutions.
City Manager Hugley informed the Mayor and Council that the fourth Annual
Hometown Connection is scheduled for Thursday, October 6, 2011 at the Trade
Center, from 11:00 a.m. ?12:15 p.m.
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***-----------------------------------
EXECUTIVE SESSION:
City Manager Hugley said he too needed an executive session following the
conclusion of the regular session.
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***-----------------------------------
COMER AUDITORIUM & MOBLEY ROAD:
Councilor Thomas asked about a report of Comer Auditorium and Mobley Road.
She said people are calling her saying that the city has decided to tear down
Comer Auditorium and she does not recall having heard anything about that.
Deputy City Manager Arrington came forward and explained to the Mayor and
Council that last Wednesday night into early Thursday morning, there was a
significant rainfall event in the northeastern portion of the county, and as a
result of that, we had damages to two infrastructures in the city. Comer
Auditorium, which serves as the administrative offices of the Parks &
Recreation Department, sustained damages when the rains caused a 200 sq. ft.
section of the roof. As a result of the collapse of the roof, there was
structural damage to the southern portion of the building and some of the
internal suffered damages, the gymnasium floor, basement, and sub-basement
suffered water damages. The sub-basement which houses the electrical panel and
boiler, and both of these items were under about three or four feet of water.
He said staff contacted the disaster mitigation company (the same one used for
the Annex Building) to come and help relocate Parks & Recreation staff so they
can get their offices back in order and resume operations in assisting the
citizens of Columbus. We contacted the insurance company (Travelers Insurance),
secured the building, and had a preliminary assessment conducted by our own
contract architect and structural engineer. He said we have fenced off the area
for security as well as to keep the public out and the building will remain in
that shape until the insurance company gets back with us. He said the insurance
company sent a structural engineer, a construction consultant, and an adjuster;
they took notes and we provided all the resources we could to assist then while
they were on site and the information we received from them was that it would
be one to two weeks before they got back with us on a determination of the
building. He said the exact cause of the collapse is undetermined at this
point.
With regards to Mobley Road, Mr. Arrington explained that this is a fairly
highly traveled road in the city going from Whitesville Road to River Road and
carries about 3000 vehicles per day. He said in one area there is a stream
crossing with a 4?x 6? culvert and following the same rainfall that impacted
the Comer Auditorium the stream overtop the culvert and as a result of the
overtopping, (about 1-1 ? feet) there was a washout on the downstream side of
the culvert. He said the road became impassable and it was a danger to the
public. He said the immediate action by city staff was to immediately close the
road to through traffic, to outline the scope of work for repairing the
facility, we took three bids under emergency basis from local contractor, and
the low bid of $27,000 was awarded and work began last Friday. Assuming there
are no problems in the next 2 to 3 days, the work is scheduled to be completed
by this Friday at which time the road will reopen.
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CLERK OF COUNCIL?S AGENDA:
THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS
INFORMATION FOR MAYOR AND
COUNCIL:________________________________________________________
Memorandum from GMA, Re: Joint GMA/ACCG Fall Training Program for Elected
Officials, November 18, 2011 in Dublin, Georgia.
Memorandum from Clerk of Council Washington, Re: Animal Control Advisory Board.
Memorandum from Clerk of Council Washington, Re: Board of Honor.
Memorandum from Clerk of Council Washington, Re: Convention & Trade Center
Authority.
Memorandum from Clerk of Council Washington, Re: Public Safety Advisory Board.
(6) Memorandum from Clerk of Council Washington, Re: Uptown Facade Board.
(7)Memorandum from David Uhlman, CPCU Insurance Programs Manager, Re: ACCG
Insurance Programs Training Legal Update & Law Enforcement Best Liability
Practices.
(8) Application submitted by Richard Bishop to temporarily close Bay Avenue
from 10th Street to 11th Street, on Tuesday, September 27, 2011 (Rain Date from
September 20th), from 5:00 p.m. to 11:00 p.m., in connection with ?Screen on
the Green?.
(9) Application submitted by Robert Anderson to temporarily close 8th Avenue
between 8th Street and 9th Street, on Friday, September 30, 2011, from 2:00
p.m. to 6:00 p.m., in connection with ?Liberty Theater Fund Raiser?.
(10) Application submitted by Richard Bishop to temporarily close Broadway from
11th Street to 12th Street and 11th Street from Front Avenue to 1st Avenue, on
Saturday, October 1, 2011, from 7:00 a.m. to 2:00 p.m., in connection with
?Mogadishu 5K Race?.
(11) Application submitted by Dee Dee Anthony to temporarily close Peachtree
Drive from Elmwood Drive to Crest Drive (including its intersection with Park
Drive, on Sunday, October 2, 2011, (Rain Date, Sunday, October 9, 2011) from
5:00 p.m. to 9:00 p.m., in connection with ?Annual Overlook Neighborhood
Picnic?.
(12) Application submitted by Richard Bishop to temporarily close Bay Avenue
from 10th Street and to 11th Street, on Thursday, October 13, 2011, from 4:00
p.m. to October 16, 2011 at 4:00 p.m., in connection with ?Uptown Bike Fest?.
(13) Biographical Sketch of Reverend Richard Washington, Councilor Huff?s
nominee to replace Ms. Marjorie Newman on the Crime Prevention Board.
(14) Biographical Sketch of Mr. Winston Bailey, Councilor Barnes? nominee to
replace Ms. Marjorie Newman on the Crime Prevention Board.
(15) Letter of Interest from Gatha June Cooper for the Clerk of Recorder?s
Court position.
*** *** ***
THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF
COUNCIL WASHINGTON AND APPROVED BY THE
COUNCIL:_____________________________________
A Resolution (317-11) ? Excusing Councilor Evelyn Woodson from the
September 13, 2011 Council Meeting.
Councilor Allen moved approval of the resolution. Seconded by Councilor
Henderson and carried unanimously by those eight members of Council present,
with Councilors McDaniel and Woodson being absent from this meeting.
*** *** ***
A Resolution (318-11) ? Excusing Councilor Jerry ?Pops? Barnes from the
September 13, 2011 Council Meeting.
Councilor Allen moved approval of the resolution. Seconded by Councilor
Henderson and carried unanimously by those eight members of Council present,
with Councilors McDaniel and Woodson being absent from this meeting.
*** *** ***
A Resolution (319-11) - Approving the report of the Finance Director of
those alcoholic beverage licenses that were approved and/or denied during the
month of August 2011.
Councilor Allen moved approval of the resolution. Seconded by Councilor
Henderson and carried unanimously by those eight members of Council present,
with Councilors McDaniel and Woodson being absent from this meeting.
*** *** ***
CRIME PREVENTION BOARD:
Clerk of Council Washington submitted a letter from Ms. Marjorie Newman
resigning from her position on the Crime Prevention Board.
Mayor Pro tem Turner Pugh moved the acceptance of the letter, with regret.
Seconded by Councilor Thomas and carried unanimously by those eight members of
Council present, with Councilors McDaniel and Woodson being absent from this
meeting.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON, WHICH WAS OFFICIAL RECEIVED BY THE
COUNCIL:_____________________________________
Animal Control Advisory Board, September 13, 2011.
Board of Tax Assessors, Nos. 32-11 & 33-11.
Board of Water Commissioners, August 8, 2011.
Civic Center Advisory Board, August 22, 2011.
Golf Authority, August 23, 2011.
Housing Authority, July 20, 2011.
Retirees? Health Benefits Committee, August 3, 2011.
Uptown Facade Board, August 15, 2011.
Councilor Allen moved acceptance of the minutes. Seconded by Mayor Pro Tem
Turner Pugh and carried unanimously by those eight members of the Council
present, with Councilors McDaniel and Woodson being absent from this meeting.
*** *** ***
RECORDER?S COURT CLERK:
Councilor Thomas asked to go back to item #15 on the Clerk of Council?s
Agenda regarding the Recorders? Court Clerk position. Following questions from
Councilor Thomas and other members of Council on the process and protocol for
this appointment, City Attorney Fay explained that the Clerk is correct with
distribution to the Council and it is now up to Council at the next meeting to
take a vote for this appointment.
Following additional discussions about the person currently serving in the
position of Recorder?s Court Clerk, Councilor Barnes than made a motion to
appoint Ms. Terri Ezell as Clerk of Recorders Court. Seconded by Mayor Pro Tem
Turner Pugh and carried unanimously by those eight members of Council present,
with Councilor McDaniel and Woodson being absent from this meeting.
*** *** ***
THE FOLLOWING THREE NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND A PUBLIC HEARING WAS CALLED FOR BY COUNCILOR
DAVIS:_______________
Petition submitted by Columbus Area Habitat For Humanity to rezone 1.22
acres of property located at 2044, 2046, 2048 & 2050 Mason Street; 502, 504 &
514 20th Avenue and 2037, 2039 & 2043 Cusseta Road from RMF2 (Residential
Multi-Family 2) to RMF1 (Residential Multi-Family 1) district. (Recommended for
approval by the Planning Advisory Commission and conditional approval by the
Planning Department.) (19-CA-11-Cols. Area Habitat For Humanity)
Petition submitted by the Planning Department to amend the text of the
Unified Development Ordinance (UDO) to amend typos and minor errors in various
chapters. (Recommended for approval by both the Planning Advisory Commission
and the Planning Department.) (20-A-11-Planning Dept.)
Petition submitted by Karl Douglass to amend the text of the Unified
Development Ordinance (UDO) to amend Section 4.2.16 - Conversion of Residential
Accessory Structure. (Recommended for denial by both the Planning Advisory
Commission and the Planning Department.) (21-D-11-Douglass) (Correspondence was
received from Mr. Karl Douglass requesting that a public hearing be called on
this text amendment.)
*** *** ***
THE FOLLOWING ADD-ON RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF
COUNCIL WASHNGTON AND ADOPTED BY THE
COUNCIL:________________________________________________
A Resolution (320-11) - Excusing Councilor Charles E. McDaniel from the
September 27, 2011 Council Meeting.
Councilor Allen moved approval of the resolution. Seconded by Councilor
Baker and carried unanimously by those eight members of Council present, with
Councilors McDaniel and Woodson being absent from this meeting.
*** *** ***
BOARD APPOINTMENTS:
BOARD OF TAX ASSESSORS:
Clerk of Councilor Washington informed the Mayor and Council that Mr. Scott
Boyce and Ms. Ann Grantham has resigned from their positions on the Board of
Tax Assessors. She said these are Council?s appointments. Councilor Allen
nominated Mr. John Williams to replace Mr. Boyce and Councilor Henderson
nominated Mr. Daniel Hill to replace Ms. Grantham.
Clerk of Council Washington said she would bring these back at the next
Council meeting for the Council?s confirmation.
*** *** ***
BOARD OF WATER COMMISSIONERS:
Clerk of Council Washington informed the Mayor and Council that Ms. Carole
Rutland has been re-nominated and is eligible to be confirmed. Councilor Thomas
moved to confirm Ms. Rutland. Seconded by Councilor Henderson and carried
unanimously by those eight members of Council present, with Councilors McDaniel
and Woodson being absent from this meeting.
*** *** ***
COMMUNITY DEVELOPMENT ADVISORY COUNCIL:
Clerk of Council Washington informed the Mayor and Council that the seats
of Mr. Jose Cardona and Bradford Haines have been declared vacant for some time
now and that we still need a nominee for each of these seats. No action was
taken.
*** *** ***
DOWNTOWN DEVELOPMENT AUTHORITY:
Clerk of Council Washington informed the Mayor and Council that Mr. Arthur
Smith?s term has expired, but he is eligible to succeed himself for another
term of office. Councilor Thomas then re-nominated Mr. Smith for another term
of office.
Clerk of Council Washington said she would bring this back at the next
Council meeting for the Council?s confirmation.
*** *** ***
MEDICAL CENTER HOSPITAL AUTHORITY:
Clerk of Council Washington informed the Mayor and Council that the terms
of office for Merrian Douglas, Dr. George McCluskey, and Dr. David McMicken
will expire December 31, 2011 and Council needs to nominate three individuals
for each of these seat and we will then forward the nominations to the
Authority for them to select a replacement.
Councilor Allen re-nominated all three individuals for each of the three
positions. He further explained that what he is suggesting is to put all three
names in each of the three respective slots.
Councilor Henderson then made a motion to allow the Clerk to forward the
recommendations of the Council to the Authority. Seconded by Mayor Pro Tem
Turner Pugh, which carried unanimously by those eight members of Council
present, with Councilors McDaniel and Woodson being absent from this meeting.
*** *** ***
PLANNING ADVISORY COMMISSION:
Clerk of Council Washington explained that Mr. Zeph Baker and Mr. Ronny
Smith have both been re-nominated for another term of office and they are now
eligible to be confirmed. Mayor Pro Tem Turner Pugh moved the confirmation.
Seconded by Councilor Allen and carried unanimously by those eight members of
Council present, with Councilors McDaniel and Woodson being absent from this
meeting.
*** *** ***
YOUTH ADVISORY COUNCIL:
Councilor Baker nominated Mr. Bernard Randell as his District 5
representative for the Youth Advisory Council.
Councilor Henderson moved to confirm Mr. Randell. Seconded by Mayor Pro Tem
Turner Pugh, which carried unanimously by those eight members of Council
present, with Councilors McDaniel and Woodson being absent from this meeting.
----------------------------------------*** ***
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EXECUTIVE SESSION:
Regarding the requests made earlier by City Attorney Fay and City Manager
Hugley, Councilor Allen made a motion to allow the Council to go into an
executive session to discuss a personnel matter. Seconded by Councilor Thomas
and carried unanimously by those eight members of Council present, with
Councilors McDaniel and Woodson being absent from this meeting, with the time
being 8:20 p.m.
At 9:26 p.m., the regular session was called back to order at which time
Mayor Tomlinson pointed out that the Council met in an executive session to
discuss personnel matters, but no action was taken.
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***-------------------------------------
With no further business to come before this Council, Councilor Henderson
then made a motion to adjourn. Seconded by Mayor Pro Tem Turner Pugh, and
carried unanimously by those eight members of Council present, with Councilors
McDaniel and Woodson being absent from this meeting, and the time being 9:27
p.m.
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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