Columbus, Georgia

Georgia's First Consolidated Government

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

Council Members

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING

APRIL 26,

2011



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

to order at 5:30 P.M., Tuesday, April 26, 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 and Mayor Pro Tem Evelyn Turner

Pugh were Councilors R. Gary Allen, Mike Baker, Jerry Barnes, Glenn Davis,

Berry H. Henderson, Bruce Huff, Charles E. McDaniel, Jr., Judy Thomas, and

Evelyn Woodson. 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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INVOCATION: Led by Reverend Richard Allen Washington, Sr., St. James AME

Church.

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PLEDGE OF ALLEGIANCE: Led by the Boys & Girls Club.

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PARKS & RECREATION DEPARTMENT:

Chief Assistant District Attorney Alonzo Whitaker came forward and gave a

final report to the Mayor & Council regarding the Parks & Recreation case and

the sentences that were given to those defendants in that case.

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CITY BANKING ACCOUNTS:

Mayor Tomlinson pointed out that we are still working on a report

regarding City banking accounts and said it will be presented to the Council at

a later date.

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CITY ATTORNEY'S AGENDA:

THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:______________________

____________________________

An Ordinance (11-18) ? Amending the Columbus Code by repealing Section

14-10; and for other purposes. Councilor Barnes moved the adoption of the

ordinance. Seconded by Councilor Henderson and carried unanimously by those ten

members of Council present for this meeting.

An Ordinance (11-19) ? Amending the Position Classification Plan of the

Columbus Consolidated Government by reclassifying the position of Assistant

City Attorney from Pay Grade 24 to Pay Grade 26; and for other purposes.

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

Barnes and carried by a vote of 8 to 2, with Councilors Allen, Baker, Barnes,

Henderson, Huff, McDaniel, Thomas and Woodson voting yes and Councilor Davis

and Mayor Pro Tem Turner Pugh voting no.

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THE FOLLOWING TWO ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND INTRODUCED ON FIRST

READING:___________________________________________________

An Ordinance ? Rezoning property located at 3109 Cusseta Road from a GC

(General Commercial) zoning district to an RMF1 (Residential Multi-Family 1)

zoning district. (6-A-11-Valenzuela) The proposed uses are Single Family

Residential.

PROPONENTS & OPPONENTS:

The petitioner was present, but did not make a presentation, as there was

no one present to oppose this proposed rezoning ordinance.

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An Ordinance ? Amending Section 2-234 of the Columbus Code, Public Safety

Advisory Commission, so as to provide that the Commission may refer any citizen

complaint to the department head of any public safety department; and for other

purposes.

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THE FOLLOWING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND ADOPTED BY THE COUNCIL:____________

A Resolution (155-11) ? Rezoning property located at 1726 Boxwood Road is

proposed for a special exception use in a (General Commercial) zoning

district. The proposed use is a place of worship. Councilor McDaniel moved the

adoption of the resolution. Seconded by Mayor Pro Tem Turner Pugh and carried

unanimously by those ten members of Council present for this meeting.

A Resolution (156-11) ? Authorizing the settlement of Hickey v. Columbus

Consolidated Government (U.S. District Court Case No. 4:07-cv-00096-CDL).

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

Tem Turner Pugh and carried unanimously by those ten members of Council present

for this meeting.

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EXECUTIVE SESSION:

City Attorney Fay said he would like to have a brief executive session

after the adjournment of tonight?s meeting to discuss a matter of litigation

and personnel, as well as a real estate acquisition issue.

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PUBLIC AGENDA:

THE FOLLOWING PERSON (S) APPEARED ON THE PUBLIC AGENDA AND PROVIDED IS A

SUMMARY OF EACH PERSON COMMENTS:_______________

MR. & MRS. GERALD WIECZOREK, REPRESENTING OUR LADY OF ROSE HILL

MINISTRIES, INC., RE: AN ANNOUNCEMENT & INVITATION TO THE ?COUNTRY FOR A CAUSE

2011? EVENT: _________________________________

Mr. & Mrs. Wieczorek appeared and extended an invitation to the Mayor &

Council to attend the upcoming event of ?Country For a Cause 2011?.

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CITY MANAGER'S AGENDA:

THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND ADOPTED BY THE COUNCIL:______________

A Resolution (157-11) ? Authorizing the submission of an application and,

if approved, accept a grant for $15,000 from the Governor's Office of Highway

Safety for the Marshal's Office to purchase supplies and equipment to enforce

traffic laws and educate/train the public in highway safety. Councilor McDaniel

moved the adoption of the resolution. Seconded by Councilor Huff and carried

unanimously by those ten members of Council present for this meeting.

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THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

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

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

CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:_________________________________________

A Resolution (158-11) ? Authorizing the approval to enter into a Memorandum

of Understanding with the Georgia Emergency Management Agency and the Georgia

Bureau of Investigation for five (5) Mobile Biometric Fingerprint

Identification Devices (Rapid ID) for the Columbus Police Department.

A Resolution (159-11) ? Authorizing the execution of a Quit Claim Deed for

eight parcels located at 2037 Cusseta Road, 502, 504 and 514 20th Avenue, 2044,

2046, 2048 and 2050 Mason Street in the Enterprise Zone to the Land Bank

Authority of Columbus, Georgia to develop and promote for the public good and

general welfare by returning land which is in a non-revenue-generating,

non-tax-producing status to a tax producing status.

A Resolution (160-11) ? Authorizing the approval to enter into a Child

Care Provider Agreement with the Division of Family and Children Services of

the Department of Human Services, who operates the Georgia Child Care and

Parent Services Program. This program provides eligible children with child

care subsidies for camps and before/after school care.

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THE FOLLOWING EIGHT PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY

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

SINGLE MOTION MADE BY COUNCILOR MCDANIEL AND SECONDED BY MAYOR PRO TEM TURNER

PUGH, WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR

THIS MEETING: ________________

A Resolution (161-11) ? Authorizing the approval of the annual service

contract for storing, transporting & recycling waste tires from Containers by

Reaves (Phenix City, AL), on an ?as needed basis,? for the estimated annual

contract value of $21,000.00, or $1,050 per load. The City generates

approximately 20,000 waste tires (20 loads) annually. The contractor will

remove and properly recycle waste tires generated at the City?s landfill. A

cost for oversized tires is included in the bid; however, the City rarely has

oversized tires in the landfill. The contract is for a period of two years,

with the option to renew for three additional twelve-month periods. Contract

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

Contractor.

A Resolution (162-11) ? Authorizing the approval of the annual contract

for water management services from Superior Water Services, Inc. (Marietta,

GA), at a monthly cost of $974.00 or $11,688.00 annually. The contractor will

provide all labor, materials and equipment to provide a complete

service-oriented water treatment management program. The water treatment

program includes, but is not limited to, the prevention of mineral scale,

corrosion and bacterial growth in the water systems, water conservation,

technical support, service and reporting. The treatment will include all

cooling towers, boilers and closed water loops operated by the City. The

contract term shall be for two years, with the option to renew for three

additional twelve-month periods. Contract renewal will be contingent upon the

mutual agreement of the City and the Contractor.

A Resolution (163-11) ? Authorizing the approval to make payment to Tyler

Technologies, Inc., Appraisal and Tax Division (Dallas, TX), in the amount of

$87,425.00, for the annual renewal fee for OASIS Maintenance Support, covering

the period January 2011 through December 2011. In order to regulate the

payments, it is requested that payment be made in two installments in the

amount of $43,712.50; the first payment upon approval of this resolution and

the second payment after July 1st. This maintenance provides Information

Technology, the Tax Assessor's Office and the Tax Commissioner's Office with

software enhancements, documentation updates, Users Group Support and Hotline

Support for the OASIS property tax and appraisal system. Maintenance has been

budgeted and approved annually since the OASIS software system was purchased in

1985. The vendor is the developer of the software, and is therefore, the only

known source available to provide the maintenance support.

A Resolution (164-11) ? Authorizing the approval to authorize the

execution of a construction contract with Southland Rowe Roofing, Inc., in the

amount of $395,000.00 for roof replacement at Muscogee County Prison.

Southland Rowe Roofing, Inc., will provide all labor, equipment, and materials

to install new SBS modified bitumen roofing at the North Pod, South Pod and

Isolation areas of the building.

A Resolution (165-11) ? Authorizing the execution of Change Order 2 with

McMath-Turner Construction Company in the amount of $80,978.01.

A Resolution (166-11) ? Authorizing the procurement of audio/visual

services by Command Systems (Columbus, GA), in the amount of $31,781.05, for

the new Ice Rink. The vendor will install additional security cameras in Lot D

of the Parking lot. The additional cameras are needed in anticipation of the

increased parking to be utilized near the Ice Rink. These cameras will provide

enhanced surveillance and protection for patrons and vehicles at the Civic

Center and Ice Rink. This equipment will be added to the existing security

camera system originally installed by Command Systems. This portion of the

work is quoted at $14,234.77.

The vendor will also install IT connections needed to adapt the twelve

(12) televisions in the Ice Rink with the present video system currently used

at the Civic Center. The televisions are utilized for marketing purposes. This

equipment will be added to existing equipment originally installed by Command

Systems. This portion of the work is quoted at $17,546.28.

A Resolution (167-11) ? Authorizing the approval to purchase one (1)

E-One 75? Aerial Mounted Custom Typhoon & Chassis, in the amount of

$577,689.00; as well as, required ancillary equipment, in the amount of

$103,805.00, from Hall-Mark Fire Apparatus, Inc., (Ocala, Florida); the total

purchase amount is $681,494.00. The new unit will be utilized by the Fire/EMS

Department at Station #10 on Benning Road. This ladder truck is a demo unit

that has already been discounted significantly at approximately, $281,000, and

is ready for quick delivery. The truck also matches the specifications of the

unit purchased in 2009, which is housed at Station 1.

A Resolution (168-11) ? Authorizing payment to Steve Carden and Austin

Gower, Attorney, in the amount of $50,000.00, to settle a risk management

claim. The claim settlement relates to an accident, which occurred on Sunday,

December 13, 2009. A Police Officer was involved in an accident with a private

owned vehicle at the intersection of Wynnton Road and 18th Avenue. The driver

in the private owned vehicle sustained injuries including: severe headaches,

head, chest, pelvic, neck, back pain and a laceration over the right eye.

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CLERK OF COUNCIL?S AGENDA:

THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR & COUNCIL:________

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

Columbus.

(2) USGA Green Section Turf Advisory Service Report- Bull Creek Golf Course

Midland, Georgia.

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THE FOLLOWING FOUR TEMPORARY STREET CLOSING APPLICATIONS WERE SUBMITTED

AND EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:

_______________________

Application submitted by Richard Bishop to temporarily close Broadway from

11th Street to 12th Street, on Friday, April 29, 2011, from 6:00 p.m. to 11:00

p.m., in connection with the ?Homelessness Concert? pedestrian safety.

Application submitted by Richard Bishop to temporarily close Broadway from

11th Street to 12th Street, on Saturday, April 30, 2011, from 8:00 a.m. to

10:00 a.m., in connection with the ?Wounded Warrior Torch Run? pedestrian

safety.

Application submitted by Ron Ward to temporarily close Park Drive from

Peachtree Drive to Overlook Drive, on Sunday, May 1, 2011, from 5:00 p.m. to

9:00 p.m., in connection with the ?Outdoor Movie Night?.

Application submitted by Richard Bishop to temporarily close Broadway from

10th Street to 11th Street, on Thursday, May 5, 2011 and Fridays, May 6, 13, 20

& 27, 2011 from 6:00 p.m. to 11:30 p.m., in connection with the ?Uptown

Concerts? pedestrian safety.

Application submitted by Richard Bishop to temporarily close 10th Street

from Broadway to Front Avenue, on Thursday, May 5, 2011 at 5:00 p.m. through

Saturday, May 7, 2011, at 6:00 p.m. and Broadway from 9th Street to 10th

Street, on Friday, May 6, 2011, from 6:00 a.m. to Saturday, May 7, 2011 at 6:00

p.m., in connection with the ?Uptown Springfest? pedestrian safety.

Councilor Henderson moved the approval of these applications. Seconded by

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

for this meeting.

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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY APPROVED BY THE

COUNCIL:_____________________________________________________________

Animal Control Advisory Board, April 12, 2011.

Board of Tax Assessors, Nos. 12-11 & 13-11.

Housing Authority, March 16, 2011.

Land Bank Authority, March 2, 2011.

Planning Advisory Commission, March 16, 2011.

Recreation Advisory Board, March 23, 2011.

Uptown Facade Board, April 18, 2011.

Councilor Allen moved the approval of the minutes. Seconded by

Councilor Allen and carried unanimously by those eight members of Council

present for this meeting, with Councilor Anthony being absent from this meeting

and Councilor Hunter being absent for this vote.

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THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED AS AN

ADD-ON ITEM BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:___________________________________

Application submitted by Liz Turner to temporarily close 5th Street at the

intersections of 2nd and 3rd Avenue, on Saturday, May 14, 2011 from 6:00 a.m.

to 5:00 p.m., in connection with ?A Taste of Fourth Street/ Carnival/ Vendor

Fair?.

Councilor Henderson moved the approval of the petition. Seconded by

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

for this meeting.

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THE FOLLOWING NEW ZONING PETITION RECOMMENDED FOR DENIAL BY BOTH THE

PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND RECEIVED BY THE COUNCIL:___________________

Petition submitted by Douglas Smith to rezone 1 acre of property located

at 4627 Milgen Road from LMI (Light Manufacturing Industrial) to GC (General

Commercial) district. (7-D-11-Smith)

Councilor Henderson made a motion to receive the petition. Seconded by

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

for this meeting.

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BOARD APPOINTMENTS:

BUILDING AUTHORITY OF COLUMBUS:

Clerk of Council Washington pointed out that the term of office of Mr.

Terry Ballard expired several months ago and stated that he does not desire to

be reappointment; therefore, the Council will need to nominate someone to fill

this seat. There were no nominations.

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BOARD OF HISTORIC & ARCHITECTURAL REVIEW:

Clerk of Council Washington pointed out that the term of office of Mr. John

House expired back in February and that he was eligible to succeed himself;

however, he does not wish to be reappointed; therefore Council will need to

nominate someone to fill this seat. There were no nominations.

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CIVIC CENTER ADVISORY BOARD:

Clerk of Council Washington pointed out that the terms of office of Mr.

Jonathan Smart, who serves as the Council District 9 representative expired

back in February and that he is eligible to succeed himself for another term of

office and would like to serve again, if the Councilor for this district would

like to re-nominate him. There were no nominations made.

She further pointed out that the term of office of Mr. Robert Anderson

also expired back in February and that he is not eligible to succeed himself

and that this is Council District 10 representative and then asked if there was

a nomination, but there was none.

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RETIREES? HEALTH BENEFITS COMMITTEE:

Clerk of Council Washington pointed out that there is still one new

position that we need to fill for the newly formed Retirees? Health Benefits

Committee. There were no nominations made.

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KEEP COLUMBUS BEAUTIFUL COMMISSION:

Clerk of Council Washington pointed out that Ms. Darlene Hughes Kittrell

was nominated by Mayor Pro Tem Turner Pugh at the last meeting to fill the

unexpired term of Mr. Doug McLeod, whose seat was declared vacant and said that

she may now be confirmed. Councilor McDaniel so moved. Seconded by Mayor Pro

Tem Turner Pugh and carried unanimously by those ten members of Council present

for this meeting.

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HOUSING AUTHORITY OF COLUMBUS:

Mayor Tomlinson pointed out that the terms of office of Mr. Wade Tomlinson

and Mr. Larry Cardin will expire the end of this month and said that these are

her appointments. She said the Housing Authority wants to keep Mr. Cardin on

this board because of his expertise in certain areas. She said this is a State

Authority. She said we have an ordinance on that limits board members to two

terms of office.

City Attorney Fay sad the State Housing Authority law allows a member to

serve more than two consecutive terms of office. He said the Mayor has the

discretion to go beyond the two limits if she desires.

Mayor Tomlinson said she still has that under consideration and she has

not made a decision regarding this appointment.

Several minutes of discussion continued on this matter, with members of

the Council expressing their views in this regard.

Councilor Henderson said he thinks that we need to look at the ordinance

and clean it up and asked the City Attorney to handle that matter.

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RECREATION ADVISORY BOARD:

Clerk of Council Washington pointed out that the term of office of Ms.

Tiffany Tootle has expired some time ago and that we have not been able to make

contact with her; therefore, Councilor Baker is working on getting a

replacement for this position.

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REGION FOUR PLANNING BOARD DEPARTMENT OF BEHAVIORAL HEALTH AND

DEVELOPMENTAL DISABILITIES:______________________

Clerk of Council Washington pointed out that Ms. Shana D. Young has

resigned her seat on this board and that the Council needs to nominate someone

else to fill this unexpired term. There were no nominations.

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EXECUTIVE SESSION:

Regarding an earlier request for the Council to go into an executive

session to discuss a matter of litigation and a personnel matter, as well as a

real estate acquisition matter Councilor McDaniel made a motion to allow the

Council to go into an executive session. Seconded by Councilor Woodson and

carried unanimously by those ten members of Council present for this meeting.

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At 6:55 p.m. this meeting was adjourned to allow the Council to go into an

executive session.

At 7:50 p.m., the meeting was called back to order at which time Mayor

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

a litigation matter, a personnel matter, as well as a real estate acquisition

matter, but said that there were no votes taken.

Councilor Henderson then made a motion to adjourn this meeting. Seconded

by Councilor Allen and carried unanimously by those ten members of Council

present for this meeting, with the time being 7:51 p.m.



Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia



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