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 SESSION

AUGUST 11, 2009



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

to order at 9:00 A.M., Tuesday, August 11, 2009, in the Council Chambers 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 and Mayor Pro Tem Evelyn Turner

Pugh were Councilors R. Gary Allen, Wayne Anthony, Mike Baker, Jerry Barnes,

Glenn Davis, Berry Henderson, Julius H. Hunter, Jr., 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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ABSENT: Councilor Charles E. McDaniel, Jr., was absent, but excused upon the

adoption of Resolution Number 289-09.

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INVOCATION: Offered by John L. Fitzpatrick, Jr., Chief Deputy,

Muscogee County Sheriff?s Department

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PLEDGE: Led by Mayor Jim Wetherington

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PRESENTATION TO CITY MANAGER HUGLEY:



Mr. Len Gilmore, President of the Georgia City/County Manager?s

Association and City Manager of Perry, Georgia; along with Mr. Allen Hours,

came forward and expressed their appreciation to City Manager Hugley for the

fantastic job that City Manager Hugley did for them. He said he is the Past

President of the Association and said under his leadership, their association

has accomplished a number of items and brought them up to a more professional

level. He said he wanted to particularly take this opportunity on behalf of

their Association for this public presentation before the City Council because

he knows you all already know about the fine job he does and can appreciate his

skills and level; now its known throughout the State. He said he would like to

thank the Council for allowing City Manager Hugley the time to come and help

their association and to work with them.



He then presented a plaque to City Manager Isaiah Hugley.



City Manager Hugley then made a few remarks and expressed his appreciation

to the Georgia City/County Manager?s Association, as well as the Council for

allowing him to serve as President of this association.

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MAYOR?S AGENDA:



THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR HUNTER AND

ADOPTED BY THECOUNCIL:__________________



A Resolution (270-09) ? Commending Edwin Jackson for being selected as one

of the winning pitchers in the 2009 Major League Baseball All-Star Game.

Councilor Hunter moved the adoption of the resolution. Seconded by Councilor

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

this meeting, with Councilor McDaniel being absent.



Councilor Hunter asked that this resolution be forwarded to Mr. Edwin

Jackson?s family who resides here in Columbus.



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WITH MR. LEE BRANTLEY AND TWO MEMBERS OF HIS

STAFF STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR

ANTHONY AND ADOPTED BY THE COUNCIL:_________________



A Resolution (271-09) ? Commending WTVM General Manager Lee Brantley and

the many volunteers involved in the 2009 Thunder on the Hooch July 4th

Celebration. Councilor Anthony moved the adoption of the resolution. Seconded

by Councilor Hunter and carried unanimously by those nine members of Council

present for this meeting, with Councilor McDaniel being absent.



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AT THE REQUEST OF COUNCILOR DAVIS, THE FOLLOWNIG RESOLUTION WAS DELAYED

UNTIL A LATER DATE: _________



A Resolution ? Commending Katherine White of Brookstone High School

recently named Columbus Ledger-Enquirer Female Athlete of the Year for 2009.

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MINUTES OF COUNCIL MEETINGS: Minutes of the May 12 & 26, 2009, June 2, 9, &

16, 2009 and July 14 & 28, 2009 Council Meetings of the Council of the

Consolidated Government of Columbus, Georgia. Mayor Pro Tem Turner Pugh moved

the minutes be approved. Seconded by Councilor Allen and carried unanimously by

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

being absent.

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COLUMBUS IN THE VALLEY MAGAZINE:



Councilor Anthony asked City Attorney Fay to prepare a resolution to

recognize the Columbus In the Valley Magazine and its 10 under 40. He said

these are young adults in our community, who are stepping up to leadership

roles; therefore, he thinks it is good for us to encourage them; therefore, he

would like to call for this resolution.

CITY ATTORNEY'S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AFTER SOME DISCUSSION, WAS TABLED AT THE REQUEST OF MAYOR

WETHERINGTON:__________________________



An Ordinance ? Establishing a position of Director of Crime Prevention and

setting a Pay Grade of G24 for such position; and for other purposes.



City Attorney Fay said he understands there is going to be a motion to

table this matter. He said it is ready for a motion, and/or other discussions.

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

Pro Tem Turner Pugh.



Councilor Hunter said it is his understanding that the delay is at the

Mayor?s request; therefore, pursuant to that, he will support the motion.



Mayor Wetherington said he has asked for this delay to give our Council

members more time and input into the matter. He said this is such an important

position for all of us, our Council and him personally. He said he don?t see

any point of going over this again about his passion for this position. He said

he wants to make sure that the Council has adequate input and if there are

things that you don?t particularly like about the ordinance; hopefully over the

next few weeks, he would ask that you contact him or Ms. Judy Thomas and we

will certainly entertain the suggestions that you have. He said he knows that

there are some strong feelings about certain aspects of the Director?s

position; however, for the most part he thinks that

all of us supports the position, but there are some things that you would like

to see put into the ordinance to strengthen the position to make it whole.



Prior to the question being called on the motion to delay the ordinance,

members of the Council then expressed their views and comments with respect to

the delay.



Mayor Pro Tem Turner Pugh said one of the things that she would hope is

that once the Council finishes digesting and coming up with what they want to

see in the Director?s position, as well as the salary grade, is that we allow

individuals from the community, if they want to come and to speak on whatever

we come up with. She said if any significant changes are made, she thinks that

people need to be able to respond to them whether they like them or not.

Councilor Henderson said he thinks it is important that we acknowledge the

work that the Commission has done because this is a group of citizens who came

together and really did a good job. He said he would like to call for the

resolution to recognize, thank and honor the members of the Mayor?s Crime

Prevention Commission for its work on this matter. He also said in that

resolution, he would suggest that we receive the final recommendation because

most of that, if not all of it, depending on how the negotiations go are going

to be used as a template for building this Crime Prevention Program and will

serve us for many, many years to come.



Mayor Wetheirngton said his goal is to try to satisfy this Council and

obviously he has spent a lot of time on this ordinance with the Commission and

talking with Council members about this ordinance on how we could get it

through and the concerns that they have. He said he thinks this is going to be

great for the City of Columbus if we can incorporate your concerns that you

have about this ordinance, which is what he wants to do. He said he wants to

listen to what you have to say and try to incorporate that into this ordinance.

He said we need all ten members of the Council to support this ordinance, as it

does not need to be divided because it is too important to be divided. He said

he totally agree with the Council that we need to wait until we can get it

right.



Mayor Wetherington said we are close to having 100 police officers on the

street, which was promised; but said we also promised the citizens of Columbus

that we were going to be looking at some crime prevention measures. He said he

thinks that we are close to getting the kind of ordinance that you want. He

said his goal is to work with the Council and listen to what you have to say

and then come forward with the best possible ordinance that we can.



After thirty minutes of discussion, the question was then called on the

earlier motion of Councilor Allen to table this ordinance, which was seconded

by Mayor Pro Tem Turner Pugh, which carried unanimously by those nine members

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

this meeting.



City Attorney Fay said when the ordinance comes back to bring it back on

first reading for an additional public hearing in whatever form it takes.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING ZONING ORDINANCE WAS

SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS

ADVERTISD:________________________________



An Ordinance (09-26) ? Rezoning property located at 506 23rd Street

from RMF2 (Residential Multi Family 2) zoning district to RMF1 (Residential

Multi Family 1) zoning district. (15-CA-09-Neighbor Works Columbus) The

proposed use is for Single Family Home.



PROPONENTS & OPPONENTS:



Mr. David Fox representing the petitioner said this is the second cottage

that the Council and Neighbor Works of Columbus are doing in partnership. He

said he would like to thank the staff, Council and Administration for their

support.



He said he would like to encourage the citizens to go to their website,

?nwcolumbus.org? and they can look into the Columbus Cottage Program. He said

on that website is a video about the individual who will be the beneficiary of

this endeavor. He said if you have the opportunity to meet or talk with her,

you would be enriched by that encounter. There was no one to speak in

opposition of this proposed zoning ordinance.

THE FOLLOWING ZONING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND AFTER MUCH DISCUSSION WAS AMENDED BY THE COUCNIL ON FIRST

READING: _______________________



An Ordinance ? Rezoning property located at 2416 Warm Springs Road

from RO (Residential Office w/Conditions) zoning district to RO (Residential

Office w/Amended Conditions) zoning district. Interested parties may reference

Zoning Ordinance 01-35. (16-CA-09-Cummings) The proposed use is for Medical

Office.



PROPONENTS:



Mr. David Cummings, representing the McDougal Company said they are here

working with the Whitetail Group on a project. He said in 2001 they rezoned

this property, which also had a condition in that ordinance that it could only

be used as a parking lot. He said they have a lot of growth over in that area;

therefore, they decided to move their office out of the main building and build

themselves an office in the parking lot.



He said when they went to get their permits they discovered that they were

not able to put a building there. He said what they are requesting is that you

remove the parking condition and everything else remain the same. He said the

group would then build their doctor office there on the site with the clinic.



Councilor Henderson asked what are the current uses of 3644, 3638, 3634,

as well as 3628 Gurley Drive. He said it still looks like it is rezoned SFR-2.

He also asked if they are still utilized as single-family residence.



Mr. Cummings said they are and said some of the comments that he has heard

is that they just want them to clean up the fence line.



Councilor Henderson said he is always hesitant to remove a condition that

is placed on a rezoning because there was an obvious reason for putting that

condition on there. He then asked the Clerk?s office to find the minutes

where we placed the condition on that ordinance and if we can get it before we

have the second reading.



Mr. Will Johnson, of the Planning Department said the Council didn?t place

the condition on the ordinance, but the Planning staff placed it on there. He

said when the Office Manager of the Dialysis Clinic came in eight years ago he

said he just needed it for parking. He said when they went before the Planning

Advisory Commission they heard complaints from the neighbors with the biggest

complaint being run-off from the existing lot.

He said the lot, which is a narrow lot not usable for much else, they decided

the best use was the parking lot; and by building the parking lot and meeting

current engineering standards it would address the downstream concerns of the

storm-water; therefore, we recommended to the Office Manager that they restrict

the use to a parking lot since at the time that was all they needed it for. He

said that was from the staff.



He said during the Planning Advisory Commission meeting, the one citizen

who lives at 3628 Gurley Drive main complaint was the runoff; which is still

today as well. He said his comments were that he didn?t care what happened as

long as something was put on that lot to stop the downstream drainage from the

runoff. He said the Dialysis Clinic has added additional doctors and what they

are trying to do is to move a part of their operation, their Administrative

offices into this building. He said with the building and parking lot that

would even better secure storm-water problems.



Councilor Allen then asked several questions with regards to the parking

and buffers that would remain for the protection of the homes that would be

adjacent to the lot. He asked if Mr. Cumming?s client is going to put up a

fence.



Mr. Cummings said they would do whatever they ask them to do. He said the

Planning staff has approved this and he wasn?t involved in that; but apparently

it meets the criteria of the City at the minimum.



There was much discussion with respect to options for a buffer, with

Mr. Johnson stating that it has to be 12 feet off the property line; therefore,

at a minimum, they would have to utilize the 10 feet with fence and plantings.



In further response to questions of the Council, Mr. Johnson said there

would be parking on each side.



Councilor Allen said he thinks that it would be appropriate to go ahead

and add Option 2 to the ordinance since it looks like the only option that

would work on this site.



City Attorney Fay said we could amend the ordinance to put in wording to

say that the development shall comply with Option 2 of the buffer requirements.



Mr. Cummings said he didn?t have any objections to this amendment.

Mr. Will Johnson said he needs to clarify Category C. Councilor Allen then so

moved. Seconded by Councilor Woodson.



In clarifying his motion for Councilor Davis, Councilor Allen said it

would be Category C; Option 2 would be the requirement that they would have to

comply with. He said Option 2 would be the fence, either wood or masonry wall

and the shrubs, which would help protect the homes from the headlights.



Councilor Allen, in response to Councilor Davis, said Option 1 would be

the better option; however, the lot is not wide enough.



Mr. Cummings in responding to further concerns of the Council, said as he

stated earlier they are willing to work with the residents in whatever way

appropriate to shield off the development from their homes. He said at a

minimum they would do the fencing and the shrubs.



Councilor Davis said we might want to leave Option 1 open and not limit

them.



Councilor Allen said he is not trying to eliminate them from going

further; however, this is just the minimum that they would have to meet, Option

2; so, if they wanted to do more, they could. He then asked City Attorney Fay

if by amending this ordinance and they choose to put up a wooden fence, would

they be responsible for maintaining the fence?



City Attorney Fay said that is correct. He said we would put in the

ordinance, Category C, Option 2 would be required at a minimum and maintained.



Still further discussion continued on the buffer options, after which the

question was then called on the motion to amend the ordinance, which carried

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



OPPONENTS:



Mr. Roland Wilkes, 3628 Gurley Drive said they put bales of hay down and

now all the water is running off onto his property. He said when the Dialysis

Center built there they assured us that they would put in a drain, but those

drains has not been installed yet. He said the City engineers told him as long

as they do it, and does it right, it will solve the problems, but if they don?t

do it right they will have to make it right. He said he has spent $2,000

installing a drain onto his property to get water off of his property. He said

if they are not going to build it right like they said they are, there is no

need for you to approve it.



He said with all the water running down on Gurley Drive, they have stacked

bales of straw up top all the way down and now there is no place for that water

to go and it comes across his property. He said he would like to know what they

are going to do about his property. He said when it rains, water gets knee deep

in the parking lot.



In response to those concerns expressed by Mr. Wilkes, Mayor Pro Tem

Turner Pugh said in the original ordinance there was supposed to be a detention

pond installed and then asked, where is that detention pond?

She said they were supposed to put in a higher detention level, 100-years.



Mr. Rick Jones of the Planning Department said they have not developed

that site for parking, as an actual parking lot itself and that is why there

has not been any real improvements out there made to it.

He said now that they are getting ready to develop the property, they would

need to come up with an actual site plan and actual engineering on site so that

we can require them to put the piping in to take care of the drainage.

He said the 100-year detention pond may or may not be required to stay in

depending on the overall design as to how they put the building on the lot.

He said that would need to be determined by engineering.



Mayor Pro Tem Turner Pugh said it is a condition in the ordinance and its

not that they would have an option because we have not voted to remove that

condition.



Mr. Jones said since it is a condition in the ordinance, the condition

would stay; and they would have to look at how they are going to handle the

detention on that, as well as how the lay of the land is, and how the building

goes on that site.



Mayor Pro Tem Turner Pugh asked if they get all of their drawings, and

don?t have a detention pond, or a drainage plan what will happen at that

point? Mr. Jones said they would more than likely have to come back to this

Council and ask that this condition be removed, if that is going to be the case.



Mayor Pro Tem Turner Pugh further stated that if the condition were needed

in 2001 because we knew if they started to develop the property that it would

cause run-off downstream; if it were needed then, why would we allow them to

start building and then come back to us and ask us to remove the condition.



Mr. Jones pointed out that he is somewhat at a disadvantage because that

deals with engineering. He sad they are going to have to engineer that site and

our engineering staff has not looked at it because there is no construction

plans for them to look at, as it is in concept only.



City Manager Hugley said with the request to remove the condition and the

City Attorney is going to apply the language; that language needs to carry over

with removing the condition, then it applies and when they go and apply and

submit their site plans then they will have to submit it and comply with what

is in the rezoning ordinance with all the conditions that applies. He said he

doesn?t think anyone has removed any condition, but they are asking that the

parking restrictions be removed; but all of the conditions are still there.



To further clarify the matter, City Manager Hugley said if you removed the

parking condition only; then that ordinance is still there with those other

conditions, and now they can put a building because it no longer says for

parking only. He said they have to submit a site plan; that ordinance is still

there with those conditions and engineering wall start to work with them.

He said if any of those conditions that you have applied by ordinance, which is

not law, would not be applied, and then we will have to come back to the

Council to correct that.



City Attorney Fay said the first two conditions will remain in the

ordinance and they will still be enforceable by the zoning officials. He said

we are a going to add a third condition on the buffer; but if one of the three

conditions are violated by the developer or the owner in the future, they can

be cited for a zoning violation just like anybody today who is violating a

condition. He said the conditions would be in there going forward.



Mayor Pro Tem Turner Pugh then asked Mr. Cummings if his client is aware

of the detention pond, what size it needs to be, and also the driveway.

Mr. Cummings said they are willing to do whatever is right.



Councilor Allen asked Mr. Jones, what does a higher detention level means?



Mr. Rick Jones said he could not give you a firm definition of what a

higher detention level means, but said he can provide that information to you

at a later date.



City Manager Hugley said our City Engineer is not here today, but we will

provide that information to you at a later date. He said, as you know, Mr.

Jones is the planner and not the engineer. He said they would not be able to

get a building permit unless they adhere to what our engineers tell us to when

they submit the plan.



Councilor Henderson said what concerns him most, it seems that there is a

glitch in our system when the ordinance was rezoned eight years ago. He said

Condition #1 states that the higher detention level should be required due to

downstream drainage problems, which leads him to think there are already

drainage problems down there. He said after what we just gone through all

across the City when we had that unusual amount of rainfall.

He said over the years, we have looked for ways to resolve some of these

issues. He said the temporary solution; it was temporary because at the time

they were planning on doing the parking lot, they put those hay bales, which is

not an 8-year solution to a drainage problem.



He said we might want to take a look at this. He said maybe when we

address a detention pond that is a condition of a rezoning; it may be a way to

temporary put a timeline that they have to go ahead and put the detention pond

or make any of the required by ordinance changes to prevent some of the

problems that already exist.



City Attorney Fay said in the past, we have required a particular facility

to be developed within 12 months of the date of zoning approval. He said we

could possibly include this in the ordinance, but said he don?t know if he

wants to be any more restrictive than that.



City Manager Hugley said that is something that we will have to look at

because we will need to be careful about saying completed. He said when we sell

certain property, like CDBG property, we put certain restrictions on it; and

there has to be some activity within a certain time period or we are going to

get the property back. He said when you come in and get property rezoned so

often, whether it is a developer of a large parcel of property it may sit for

several years before they go and do anything on it. He said if we want to put

some timeline on the start process, we could look at doing that.



Councilor Henderson said he is specifically interested in those few cases

that involve drainage mitigation, storm-water runoff. He said if we have an

opportunity to address some of that during the rezoning process, let?s evaluate

whether or not that would be a useful tool.



Councilor Anthony said he noticed on the drawing that there is no

detention pond that was presented to us. He said the greater issue that

Councilor Henderson was talking about is that when someone develops a piece of

property the impact on drainage down to the adjacent property and further down

until it makes it into the stream is a greater issue and he thinks that is

where we have run into problems. He said it is not just developing the specific

property, but other properties down stream. He then asked, if there is a way

that we can start looking at asking developers to come back with a plan for the

drainage across other property lines until it gets into a storm-water drainage.



City Manager Hugley said we have had much discussion on this subject. He

said the development plan calls for how they address drainage, but when a

developer goes in and sell lots to various builders and those lots are

sub-divided there is not much we can do about those plans at that time. He said

we have talked about not having an individual lot drainage requirement on an

individual lot. He said while you have the overall site development in the

drainage plan, and then you sell off parcels of lots; then they go in and start

altering the plan. He said on an individual lot, they don?t have to submit a

drainage plan, which alters what was submitted in the overall development. He

said we have tried to deal with that and gone through the State Legislators,

but was not successful in that regard.



Councilor Davis said what has been said here today is that our engineering

department is being commissioned and need to take serious the discussion that

has occurred here on today before they approve any kind of drainage plan to

initiate the step in development. He said he would hope that the curb and

gutters and some of the development majors would solve the drainage issues;

whereby there are ways to make it work from a grading standpoint to divert a

lot of the water and he would trust that this will be done to improve matters

for Mr. Wilkes.



He said his main concern is that Mr. Cumming?s client will make every

effort to solve this problem with the assistance of the engineering department.

He said one thing that he is still concerned about is that the developer or

whoever is going to build the building would take every step to shield and make

it as convenient, neighborhood pleasing and friendly from a landscape esthetics

standpoint; the buffer. He said he would hope that they take the neighbors into

consideration.



Mr. Cummings said that is what they will do. He said they have all the

right people in place, and want to do it right. He said there hasn?t been any

problem about what they needed to do, saying they will do it. He said they

would do whatever the City Engineer tells them to do.



City Manager Hugley said we have a good engineering staff and said they

will do their part. He said if there were conditions in the ordinance, they

would make sure that the developers comply with the conditions.



Councilor Hunter said with regard to the language in the condition when we

were trying to figure out the meaning of Condition #1; if the engineer was

here, he is sure she could tell us. He said it looks to a layman what it is

requiring is a detention level that will meet a 100-year flood.

He said he thinks it would behoove us to put in language that is clear to

everyone, even if you are not an engineer, so that you will know what you are

required to meet with regards to those conditions. He said we really shouldn?t

be trying to guess what that condition is, as it should be stated in a crystal

clear matter.



City Manager Hugley said the one thing that the Engineer needs is

flexibility. He said they can put that in writing on paper for you and when

those plans are submitted, you have all that detailed for you in writing and

they have to comply with the details of the ordinance when the site plan comes

through; the inspectors starts to go out as we inspect along the course of the

way and if anything deviates from the details in the ordinance, then we have to

slow that process down or stop the work and tell them they can?t do it unless

they go back through the process. He said they can put the details in there,

but said it could pose some problems; however, we will give you want you want.



Councilor Hunter said he don?t think it takes much to state something in a

more clear manner. He said when the engineer comes and says all this is saying

that it needs to meet a 100-year flood; just say that. He said it doesn?t take

much detail to do that. He said this is all he is asking that it be stated in a

manner that everyone can understand. He said his point is that they should

state it in a manner where everybody can understand it.



Councilor Anthony said other language might be useful to add to the first

criteria condition, use the phrase; a drainage structure shall be constructed

and maintained as required by the City Engineer.



Councilor Davis said there are a variety of ways of technology that is

available when it comes to storm-water issues; there is a number of things that

they can do. He said you have to remember that this ordinance was adopted

several years ago, but we have different solutions now than we have had in the

past. He said he is not necessarily sure they would need a detention pond based

on the technology; whether it is an underground detention facility or some kind

of screened filtering that is acceptable that is used on many developments,

which is State law, State required, State standards. He said he thinks the

options are there, but it would just have to be when they get to the point with

the civil engineers to explore that from both a cost standpoint and the

storm-water requirements that we have already implemented within the city. He

said he is in agreement with his colleagues that flooding is an issue in our

community; certain storm-water, but said there is a lot of work that needs to

be done from a development standpoint that demands a little flexibility with

people involved.



Councilor Anthony then made a motion to add the following sentence to

Condition #1 ?Drainage structures shall be constructed and maintained by the

developer/owner as required by the City Engineer.?



City Attorney Fay said he thinks that would be a recommended course and if

necessary we could deal with the first sentence, possibly even remove it, if

the Engineer says we don?t need it.



Councilor Hunter seconded the motion, which carried unanimously by those

nine members of Council present for this meeting.



After more than an hour of discussion on this subject, City Attorney Fay

said he would make certain that this additional language is included in the

ordinance under Condition #1. He then asked if there were any additional

questions of Mr. Cummings but there were none. He then stated that this

ordinance would be voted on in two weeks.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST READING: ________



An Ordinance ? Providing for the demolition of various

structures located at:

(1) 11 Mathews Street (Earl Barbour, Owner)

(2) 822 Coolidge Avenue (Rickey Lee Corbin, Owner)

(3) 927 Benning Drive (William F. Jenkins, Owner)

(4) 2014 13th Avenue (Phillip Darryl McCall, Owner)

(5) 9 Mathews Street (Thomas Alton & Boyce III, McRae, Owner)

(6) 4429 St. Mary?s Road (Oretha Williams Olds, Owner)

(7) 6416 Dorsey Drive (Susie Parham, Owner)

(8) 558 Parkchester Drive (Crawford B. Smith, Jr., Owner)

(9) 2836 10th Street (10th B Real Estate Hold Trust, Owner)

(10) 2840 10th Street (10th B Real Estate Hold Trust, Owner)

(11) 1721 Lincoln Street (King & Freddie Willis, Owner)

(12) 1723 Lincoln Street (King & Freddie Willis, Owner)

and for demolition services for the Inspections and Code Division in accordance

with the attached Tabulation of Bid sheet.



Mr. William F. Jenkins, owner of the property at 927 Benning Drive came

forward to request an extension of the Council. He said he had two houses at

927 Benning Drive, one house in the back and one in the front. He said at the

end of last year, he got a demolition permit to tear down the house in the back

and then in June of this year, he got a demolition permit to tear down the

house in the front because during a preliminary inspection there was an awful

lot of termite damage. He said he has cut out a six-inch concrete floor and

ripped out all interior walls so that he can see what kind of damage was there.

He said he has contacted Richardson Construction because he wants to rebuild

this house back to handicapped specifications and to rent it out to a

handicapped person in this neighborhood.



Mayor Wetherington then asked Ms. Rebecca Wiggins of the Inspections &

Code Enforcement to come forward to comment on this request.



Ms. Rebecca Wiggins said she spoke with Mr. Jenkins on this week and said

she encouraged him that as he came to you to ask for more time that he have a

letter of intent from a contractor and the other things that you normally

require. She said he does have that letter and his contractor is licensed and

is a general contractor. She said the only thing that she would ask of this

Council concerning this request if you agree to an extension that they hold Mr.

Jenkins to the certain time to get this done because it has been a long time.



Councilor Henderson then asked Mr. Jenkins how much time does his

contractor needs? Mr. Jenkins said he can start on August 31st and the

projected completed date would be the end of November.



He said the only danger that concerns him is that whenever we try to help

people, they end up speeding more money and once they go through the first

phase of construction something will happen and their funds are diverted to

some other area. He said we are going to tear it down on that 121st day and if

you have put $50,000 in it and you are $25,000 away from completing it, it?s

going to be coming down. He said if we allow you the extension, he would

encourage you to stay on that timeline, as well as stay in close contact with

our staff.



He then made a motion that Mr. Jenkins be given a 120-day extension.

Seconded by Councilor Allen.



Mayor Pro Tem Turner Pugh said this has been going on since November 2007

and no significant work has been done with it. She said when it comes to

extending time for demolitions to be done, she doesn?t support them because she

feels like as an individual who owns a home; whether it is one that they live

in or one they use for investment property, the house didn?t just get like that

on November 07, but it had to be like that before November 07 for them to go

out and start writing up a report on it. She said she don?t think it?s fair to

people who live in the neighborhood and have to live around those conditions.



Mr. Jenkins said in 2007 that was the back house. He said there were two

houses on that property, one in the front and one in the back.



In response to further questions of Council, Ms. Wiggins said both of the

houses on the property were condemned at the same time. She said the back

property was not just a shed, but it was a two-story apartment. She said there

were two principal structures on this lot. She said they served him notice in

January 2008, but the mail came back; then through their investigation

determined that Mr. Jenkins had changed addresses, so when we found out where

he was, we had to serve him and give him another hearing.



The question on the motion was then called, which resulted in an

inconclusive vote of 4 to 4. Voting for the motion was Councilors Allen,

Barnes, Henderson and Hunter. Voting against the motion was Mayor Pro Tem

Turner Pugh, and Councilors Anthony, Baker and Woodson.



City Attorney Fay said with there being no action, it would remain in the

ordinance for the time being. He said it would be on second reading in two

weeks if we can get a vote at that time, and then it can be dealt with.



Mayor Wetherington then told Mr. Jenkins to come back to the meeting in

two weeks.

Ms. Judy Sparks, the representative for 4429 St. Mary?s Road said her

mother is deceased and said the property is currently in probate; therefore,

she would like to ask for an extension. She said she has a realtor, Linda

Worthington and said possibly they can get the house sold within the 90-days.

She said her father purchased this property back in 1950 and he also gave

property to the City for the right-of-way to McCartha Drive. She said they have

given property to the City for the widening of the intersection as well. She

said there has been a lot of debris dumped on the property by various people

with no way to stop them.



Councilor Woodson said she thought that when a piece of property was in

Probate Court, we couldn?t do anything with the property until all the

legalities were completed.



City Attorney Fay said normally we do give an extension if we know it?s in

probate and not finished, but said it is a public safety concern as well.

He said if all the heirs have been notified, then you can proceed.



Ms. Wiggins said Mrs. Sparks? attorney notified them back in September of

2008 that she had been appointed the Executor of that estate and asked her then

for time to sell the property and to give him until December 2008 to sell the

property. She said they have not only given him that length of time, but have

given him all of this length of time as well.



She said the last time she checked to see if the property had sold, it had

not. She said they had offered it to a developer, but that deal fell through,

but the Probate is over and has been over for nearly a year, according to her

attorney.



In response to City Attorney Fay, as to who was Ms. Sparks? attorney, Ms.

Wiggins said Mr. Fred Overby. She said she and her attorney were notified.



There was no action taken on the request; as City Attorney Fay advised Ms.

Sparks that the property will stay in the ordinance.



There was no one else who came forward to request an extension on the

additional properties as outlined above.



City Attorney Fay pointed out that the properties would remain in the

ordinance and be on second reading in two weeks.



Councilor Baker said once we post the demolition notices and there is a

sale, how does that effect the demolition. He said he was told once before that

it didn?t matter; even if the property sales, the demolition notice transfers

to the new owner, it?s not automatically haltered and the process starts over;

is that correct?



City Attorney Fay said he thinks so; however, Ms. Wiggins may need to

elaborate on that. He said once they demolish the property, the lien cost runs

with the property.



Ms. Wiggins said once the property sells, they will have to start the

process over and give that new owner due process.



City Attorney Fay said if we know a new owner comes in mid-stream, then we

will notify the new owner and give them an opportunity for a hearing.



*** *** ***



THE FOLLOWING FIVE RESOLUTIONS WERE SUBMITTED BY CITY ATTORNEY FAY AND

THEIR CAPTIONS READ BY MAYOR PRO TEM TURNER PUGH AND WAS ADOPTED BY THE COUNCIL

PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM TURNER PUGH

AND SECONDED BY COUNCILOR HUNTER AND CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS

OF COUNCIL PRESENT FOR THIS MEETING, WITH COUNCILOR MCDANIEL BEING

ABSENT:__________



A Resolution (272-09) ? Expressing appreciation to Mr. Henry J. Ackerman

upon his retirement with the Columbus Police Department after over 34 years of

service.



A Resolution (273-09) ? Expressing appreciation to Mr. Jessie L. Cobb upon

his retirement with the Public Services Department after 22 years of service.



A Resolution (274-09) ? Expressing appreciation to Mrs. Luebirder W. Edge

upon her retirement with METRA after 15 years of service.



A Resolution (275-09) ? Expressing appreciation to Mr. Clarence Waits, Jr.

upon his retirement with the Columbus Police Department after 20 years of

service.



A Resolution (276-09) ? Conveying condolences to the family of Mr. William

E. Reynolds, Jr., former employee with the Columbus Police Department, who

passed away on July 3, 2009.

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

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

PUBLIC AGENDA:



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

SUMMARY OF EACH PERSON?S COMMENTS:____________



MR. MARCUS B. HUNTER, REPRESENTING COLUMBUS BRANCH

NAACP:__________________________________________________________



Mr. Hunter came forward and expressed that the Columbus Branch of the

NAACP has had a working relationship with this city for a number of years. Mr.

Hunter said he is the new President of the Columbus Branch NAACP and wants

history to continue with the working relationship of the branch and the city

government of the city of Columbus.



Mr. Hunter said in order for us to continue to fight to reduce racial

discrimination, job discrimination and other complaints that come into the

NAACP, we have to have a working relationship with the city.



He said he can be reached by calling (706) 315-3010 and the NAACP is now

located on 514 1st Avenue.



*** *** ***



MR. PAUL OLSON, RE: SALES TAX ON VEHICLES IN MUSCOGEE COUNTY; CRIME

PREVENTION PROGRAM;

INTER-DENOMINATIONAL MINISTERIAL ALLIANCE:_ ________



Mr. Paul Olson ? 13830 Upatoi Lane ? came forward and stated that he had

written a letter to the editor (of the Ledger-Enquirer) and sent copies to the

Commanding General of Fort Benning, Mayor Jim Wetherington, Governor?s Office

of Consumer Affairs, Georgia Department of Revenue, Attorney General Office,

District Attorney Julia Slater, Columbus Better Business Bureau, and the Clerk

of Council. Mr. Olson then proceeded to read his prepared letter regarding the

purchase of a used car and the percentage in sales tax he was charged.



In response to Mr. Olson?s comments, City Manager Hugley said he will

share that the City has sent out more than 8,000 of these cards and a part of

the card reads ?please note that the new 2009 Other Local Option Sales Tax will

not be applicable to the sales of Motor Vehicles or Rooms subject to the

Hotel/Motel Excise Tax?. He said more than 8,000 businesses in Columbus

received this card. He said we share that information to you (Council) and the

community through the monthly finance update and we?ve had CCGTV Public Service

Announcements and we have also announced it on our columbusga.org website. City

Manager Hugley said Assistant Finance Director Britt Hayes also did an

interview on CCGTV regarding the sales tax change.



City Manager Hugley further shared that his wife purchased a car on July

28, 2009 in Muscogee County and paid 5% sales and another person in the finance

department also bought a car that same week and also paid 5%.



He said he couldn?t speak for all in Muscogee County but there are some

automobile dealers who are charging the 5%. He said we checked with Georgia

Department of Revenue in January 2009, and they notified the Georgia Automobile

Dealers Association (of the sales tax change). He further shared an email

received from the Georgia Department of Revenue that acknowledges our sales tax

is 5 percent.



*** *** ***



MR. LORENZA WILDER, RE: SPEEDING IN SCHOOL ZONE; GRASS CUTTING ON

RIGHT-OF-WAY:______________________________________



Mr. Wilder, who was listed on the Public Agenda, did not respond when

given the opportunity to address Council.



*** *** ***



MR. BERT COKER, RE: EXEMPTION OF SALES TAXES FOR CAR DEALERSHIP AND

HOTELS; CRIME PREVENTION BOARD; TROLLEY VOTED ON IN 1999 SPLOST:

________________________________________



Mr. Bert Coker, 5815 Ventura Drive came forward and stated that since Mr.

Olson spoke about the sales tax with regard to car dealership, he (Mr. Coker)

will talk about the Hotel/Motel sales tax. Mr. Coker said as he recall, this

last LOST, and during the public hearings, there were no discussion about the

Crime Prevention Program. He said this was not discussed until Mr. Joe Andrews

from the Interdenominational Ministerial Alliance spoke up and said if there

were no provisions in the L.O.S.T. for crime prevention, his people would not

vote for it. Mr. Coker said the Crime Prevention Program was never in any

legislation or ordinance. He said it was a commission set up by the Mayor.



Mr. Coker made some additional comments about the Trolley that was

included in the 1999 SPLOST, comparing that to the Crime Prevention Program and

the LOST.



In response to Mr. Coker?s comments, Mayor Pro Tem Turner Pugh pointed out

that when Rev. Andrews talked about crime prevention and crime intervention,

they did not specify that they wanted a whole crime prevention department. She

further clarified that there is nothing in writing because when the L.O.S.T.

was voted on, the citizens just voted on the L.O.S.T. with the understanding

that 70% would go to public safety and 30% would go to roads and

infrastructure, but that was not part of the legislation because while the

S.P.L.O.S.T. is for specific purposes, the L.O.S.T, can be used just to operate

general government. She said Rev. Andrews did not ask for a crime prevention

unit. They just wanted to ensure that part of the 70% for public safety would

also support crime prevention and crime intervention.



City Manager Hugley, in response to Mr. Coker?s comments, said the funding

of the Trade Center was designed and expected just the way it ended up

occurring. He said there was some bond money for the Trade Center ($5 million)

in addition to support from the state. He said when the sitting governor did

not win re-election, that commitment for state support was not there and it

took working with the new governor to eventually fulfill the commitment of the

old governor to put the money there ? therein we ended up with the $35 million

needed to do the Trade Center. He said it happened just as planned but it was a

delayed process.



He said with regards to the River Center (one of the things Mr. Coker

spoke about in the 1999 SPLOST) the state put in $17 million and this was not a

city project. He said with regards to the Trolley, we did put $11 million of

the sales tax for the Walking, Jogging, Biking, Trolley Trail and at this point

we are moving forward. He further pointed out that the person representing the

City was able to get an additional $1.5 million from Georgia Department of

Transportation ? so we have $12.5 million to do the project and we are able to

do the project with $12.5 million. He said the project is in the construction

phase but there is not a demand at this time for a trolley on the rail and that

project has not been taken off the table, but it will have to be a future

project because of the lack of demand and also because of cost. He said the

preliminary cost we received for a trolley on rail is in excess of $50 million.



There were some additional comments from Mr. Coker after which Councilor

Baker pointed out that most businesses that collect any amount of sales tax

have to file online with the Department of Revenue and as you work through

that, the Muscogee County line will prompt you to a drop down box that have

different rates for Hotel/Motel. He cautions being careful about filing online

reports.



Mayor Wetherington said during the LOST presentations, it was mentioned in

there that we were going to do something in the area of crime prevention. We

did not specifically say a crime prevention director. Mayor Wetherington

further said, with regards to Rev. Andrews, they have had numerous

conversations about money they asked to be put into crime prevention efforts.

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

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

CITY MANAGER'S AGENDA:



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 MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR WOODSON,

WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT AT THE TIME

WITH COUNCILOR HUNTER BEING ABSENT FOR THIS VOTE AND COUNCILOR MCDANIEL ABSENT

FROM THIS MEETING:_____________________________________________________



A Resolution (277-09) ? Authorizing the submission of an

application and, if approved accept a $50,000 grant from the Georgia

Department of Human Resources to improve child health, school

performance, family stability, family economic capacity, reduce child abuse,

neglect and teenage pregnancy.



A Resolution (278-09) ? Authorizing the submission of an

application and, if approved, accept a $56,500 grant from the Georgia

Emergency Management Agency for the Department of Homeland Security

Fiscal Year 2007 Homeland Security Grant Program/State Homeland

Security Program for Explosive Device Response Operations.



A Resolution (279-09) ? Authorizing the submission of an

application and, if approved, accept a $235,420 grant from the Georgia

Emergency Management Agency for the Department of Homeland Security

Fiscal Year 2008 Homeland Security Grant Program/State Homeland

Security Program for Explosive Device Response Operations for the

Columbus, Georgia Hazardous Devices Response Team



A Resolution (280-09) ? Authorizing the submission of an

application and, if approved, accept a $15,500 grant from the Georgia

Emergency Management Agency for the Department of Homeland Security

Fiscal Year 2008 Homeland Security Grant Program/State Homeland

Security Program for the Muscogee County Sheriff's Office to purchase

equipment for the Explosive Detection Canine Program.



*** *** ***



THE FOLLOWING SEVEN PURCHASING RESOLUTIONS, HAVING BEEN SUBMITTED WITH THE

CITY MANAGER?S AGENDA WERE ALSO EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY

THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM

TURNER PUGH AND SECONDED BY COUNCILOR WOODSON,

WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT AT THE TIME

WITH COUNCILOR HUNTER BEING ABSENT FOR THIS VOTE AND COUNCILOR MCDANIEL ABSENT

FROM THIS MEETING:____________________________________________________



A Resolution (281-09) ? Authorizing the approval of a contract for the

rental of portable toilets, hand washing stations and grey water collection

containers from Veolia Environmental Services for the estimated contract value

of $36,480. The vendor will deliver, setup and provide services on an ?as

needed basis.? Various departments will utilize this service. The units will

be used at the various sites like Pinegrove Landfill, Schatulga Road Fuel

Pumps, Oxbow Landfill, and Granite Buff and also during special events like the

Greater Columbus Fair. The contract term will be for two years with the option

to renew for three additional twelve-month periods. Renewal of the contract is

contingent upon the mutual agreement of the vendor and the City.



A Resolution (282-09) ? Authorizing the contract with New Horizon

Community Service Board to provide treatment for Anger Management; Project

Rebound, Inc. to provide treatment for Crisis Intervention and Dr. Robert

Carlson to provide treatment Individual and Family Counseling to Drug Court

participates.



A Resolution (283-09) ? Authorizing the execution of a construction

contract with D. Dean & Associates, Inc., in the amount of $809,500.00 for the

Warm Springs Bike Trail Rest Stop #2. The proposed project will consist of a

Park and Ride facility with attached parking and sitting area to service the

Warm Springs Bike Trail. The project site is located near Peachtree Mall

between Reese Road and University Avenue.



A Resolution (284-09) ? Authorizing the execution of Change Order No. 1,

for additional ball field fencing at Britt David Park, with Long Fence Company,

Inc., in the amount of $93,600.00. Resolution No. 152-09 authorized the

execution of a contract with Long Fence Company for fencing at Little League

Field Number Two at Britt David Park; Long Fence Company has successfully

completed the work. There is an additional four field baseball complex within

the park and Long Fence Company has made an offer to install new fencing at the

same per field bid price. The Engineering Department recommends the City

accept the offer since Long Fence Company was the low bidder on the previous

bid by a significant amount, they have performed well on their original

contract obligation and they offer to install additional fields at the same

original price.



A Resolution (285-09) ? Authorizing payment to Motorola, in the amount of

$60,616.92, for the annual Maintenance Agreement (June 2009 through May 2010)

for the E911 Plant Integrated Telephone Console System and NICE Recording

System equipment. The Police Department (through the E911 Center) uses

Plant/Motorola Telephone Console equipment to answer incoming 911 calls and the

NICE Recording System to record incoming telephone calls and the radio traffic.

This equipment is a critical part of the Public Safety communications system.

It has, since the initial warranty expired, been covered by a comprehensive

24/7/365 maintenance agreement with Motorola in order to assure rapid and

accurate repairs and minimal down time. This Maintenance Agreement will

insure that the City receives complete and cost effective support of this

equipment and allows the City to control the operating costs associated with

the console equipment. The E911 Telephone System and its various components

were originally purchased from Motorola. Therefore, the vendor is considered

the only known source to provide the maintenance service.



A Resolution (286-09) ? Authorizing payment to Motorola (Schaumburg, IL)

in the amount of $208,091.52 for Mobile Data Terminal (MDT) infrastructure

maintenance, MDT Premier Software and CAD software license and support covering

the period from July 1, 2009 through June 30, 2010. The maintenance agreement

provides MDT infrastructure and technical support for MDT hardware and

software, located in the 911 Center, on a 24 x 7 x 365 schedule. This hardware

infrastructure interfaces the MDTs in the Police Department, Sheriff?s Office,

Fire Department, and Marshal?s Office. All of the software and equipment was

developed by Motorola and is proprietary in nature. Therefore, the vendor is

considered an Only Known Source, per Section 3-114 of the Procurement Ordinance.



A Resolution (287-09) ? Authorizing the purchase of one (1) municipal street sweeper from

Consolidated Disposal Systems (Smyrna, GA), in the amount of $139,950.00. The

street sweeper is an addition to the City?s fleet and will be used by Public

Services to accomplish the following: 1) sweep roadways throughout Muscogee

County, 2) remove debris from I-185 and 3) remove leaves from curbs to help

keep water inlets from becoming clogged, thereby reducing street flooding. On

August 12, 2008 Council approved the purchase of a municipal street sweeper

from Consolidated Disposal Systems, per Resolution No. 378-08, RFB No.

08-0071. The bid specifications required vendors to submit a bid price for

future purchases during the FY10 budget year. Consolidated Disposal Systems

submitted a bid price of $139,950.00, per unit, for future FY10 purchases. The

vendor has provided written confirmation to honor the bid price.



*** *** ***



PROPOSED FARE INCREASE:



City Manager Hugley called attention to information that was included in

the Council?s information section for today?s meeting, which has to do with a

proposed fare increase for Metra. He said every three years or so, because

Metra receives Federal funding, they have to go through what is referred to as

a tri-annual review, which is an audit by the Federal Transit Administration.

He said in the most recent audit, one of the findings was that we charge $1.25

for our base fare and the Federal requirement is that the elderly and disabled

fare be no more than one-half of your base fare. He said one-half of $1.25 is

.62? cents. He said our elderly and disabled fare is .65 cents; therefore, it

is more than one-half of the base fare. He said we have had previous

tri-annual reviews and this was not a finding and said our fare has not changed

since 2005. He said we have to take corrective measure to fix this; we can fix

it in one or two ways, increase the regular adult fare from $1.25 to $1.30 and

leave our elderly and disabled fare at .65cents; or reduce the elderly and

disabled fare from .65 cents to .60 cents.



He said when they went through the budget process, they had a hard time

balancing Metra?s budget with the .82 mills that we get from the property taxes

and with fares. He said they are proposing that we increase the adult regular

fare by .05 cents to $1.30. He said they think there will be minimum impact

because 55% of the adult riders purchase the swipe cards; which allows them

unlimited ridership.



City Manager Hugley said they would like to have a public hearing on

September 14th to hear from the citizens about a five-cent increase on the

adult fare only; and there will be no other changes to any other fares with

Metra.



Mayor Pro Tem Turner Pugh said she would sponsor the ordinance.



City Manager Hugley clarified to Councilor Woodson, the recommendation in

which they are proposing. He said they will proceed forward with the public

hearing after hearing from you today and be guided by whatever you direct us to

do.



Councilor Woodson said during the public hearing, she would like for the

staff to discuss the Dial-A-Ride Program because she has had some conversations

with some individuals that have been somewhat confused about this program. She

said there seems to be some confusion in the public of how this program works.

She said she is somewhat confused as well, as she thought the program was for

those who are elderly and need door-to-door transportation; and/or for the

handicapped. She said if she is incorrect, then she needs someone to correct

her and also do something on the access channel that explains the Dial-A-Ride

program. She said she was told that it is by appointment only.



City Manager Hugley said we can come back at a later date and give a

department update, but said for our listening audience, the Dial-A-Ride service

is not for elderly or disabled persons who are able to make their way to a bus

stop. He said if you are elderly or disabled, to include a wheelchair; and you

can get to a bus stop then you should be riding the regular service and not

Dial-A-Ride. He said if you are aggravated by heat or some other medical

condition that prohibits you from being able to get out and get to a bus stop

and be in the sun then that person would be a candidate for the Dial-A-Ride

services. He said all of our buses are wheelchair accessible.

He sad you must call 24-hour in advance to schedule the pickup. He said we

could have Director Saundra Hunter to do a department update at a future

meeting.

Councilor Woodson then asked what are the criteria that a person would

need to present in order for them to know that they have a medical condition

that would prevent them from riding the bus. She said is a doctor?s slip, or is

there a type of card that we give them, what is the method. She said how do we

determine who qualifies and who doesn?t.



City Manager Hugley said he was just reminded by Deputy City Manager

Goodwin that the individual would have to be certified eligible. He said if you

call Metra, they will give you the form and you take the form to your doctor

and they will have to certify that you have a condition that is aggravated by

heat or that prevents you from traveling to go to a bus stop

and standing out in the weather. The doctor needs to sign off on that and it is

returned to Metra where they will certify you eligible and then you are able to

call in for the services.



Councilor Woodson said she would like for the staff to do a segment on

CCG-TV on the Dial-A-Ride Program so that we can clarify some of the confusion

as to who can qualify and how you qualify, as well as what is considered by

Metra versus what is considered by the individual that is going to go to the

bus stop.



Councilor Barnes said there are some conditions, which temporarily

exacerbate a situation for those who have chronic illness and asked if those

individuals would be able to call Metra for transportation because this is

something that the person cannot predict will happen. He said would the person

be able to call Metra or have the doctor?s office to call in to Metra and let

them know that they can?t make it to their scheduled appointment. He said that

is where he saw a loophole in the system that he gets telephone calls.



He asked if there is a clause that if the person contacts the physician?s

office and that physician?s office can authenticate that the person is having

an exacerbation of that condition that the person would be able to make their

appointment.



City Manager Hugley said if that person is already certified eligible and

listed with Metra and the doctor?s call, said yes, Metra would be willing to

work with that individual.



Ms. Saundra Hunter, Director of Metra, said if they certify that they are

eligible and the doctor has completed the certification eligibility forms, and

they have interviewed the person and also providing that they are in the

service area. She said their service area is three-quarter of a mile outside of

the fixed route so those three things they must have, otherwise they will not

be able to handle the capacity.



Councilor Barnes said this is not a complaint because Metra does a great

job with the Dial-A-Ride program, but said it has occurred where someone cannot

plan a condition.

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

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

PRESENTATION:



PUBLIC SERVICES DEPARTMENT



Mr. Ron Smith, Assistant Director of Public Services said the reason he is

here making this presentation instead of his director, Mr. Stickles is because

he is out on sick leave, as he had knee surgery on yesterday and will be out

for six weeks. He said if anyone has any questions or concerns during Mr.

Stickles? absence, please don?t hesitate to contact him.



He then went into some details outlining the following information, giving

an update on the various divisions of the Public Services Department.



Waste Collection & Disposal



Current Operating Priorities

55,000 Waste Collection Customers

5,240 Tons / Month

42,500 Recycling Customers

330 Tons / Month



Current Operating Priorities

78,000 Tons of Waste Processed for Land-Filling Annually

Composting - Future

Waste To Energy - Future

Recycling Center - Current and Future



Special Enforcement & Animal Control



Current Operating Priorities

Operation of New Animal Care & Control Center

8,854 Impounded Domestic Animals

1,328 Adoptions / Placements

16,587 City Permits





Current Operating Priorities

2,827 Lots Cut & Cleaned

1,334 Junk Vehicles Removed





Storm Water



Current Operating Priorities

11 Major Watersheds

65 Detention Ponds

333 Miles of Storm Pipe

2,094 Miles of Ditch

39,438 Structures (Inlets, Catch Basins, Manholes, Junction Boxes) New Rules by

2015

2,056 Outfalls





Cemeteries



Current Operating Priorities

Linwood

Riverdale

Porterdale

East Porterdale



Street Maintenance R/W & Urban Forestry



Current Operating Priorities

951 Miles of Streets and Right of Ways

2,198 Lane Miles of Streets and Right of Ways

1,200 Miles of Curb and Gutter, Fencing & Guardrail Repair

DOT Contract

River Walk

3,700 Trees Pruned Annually

730 Trees Planted Annually

470 Residential Inspections

120 Commercial Inspections

260 Plans Reviewed

Contract Maintenance Areas Gateways





Heavy Equipment



Current Operating Priorities

Maintain Road Shoulders

Supports Other Divisions with Equipment and Operators

Haul Rock, Dirt and Asphalt for City Projects

Street Sweepers





Fleet Maintenance & Facilities Maintenance



Current Operating Priorities

1,545 Vehicles Maintained

1,101 Cars

223 Trucks

221 Heavy Equipment

1,580 Small Motorized Equipment

Operation of Supply Warehouse for All Public Services Divisions as well as

Other Departments

Purchasing of Motor Fuel, New Vehicles, Parts & Supplies

Responsible for the General Preventive Maintenance of over 200 City Facilities

Including 119 Buildings



Administration



Current Operating Priorities

Community Services

Drivers Training & CDL Testing

Administration / Operation Center

Mayor Wetherington said the employees of Public Services does a great job,

but said in riding around Columbus sometimes there will be limbs outside the

road, which will be combined with regular trash inside with it; and said we

would like to discourage our citizens from doing that.



Mr. Smith said it makes it impossible to pick up simply because it goes to

two different landfills.



Councilor Woodson asked Mr. Smith if they could do a public service

announcement to be aired on CCG-TV to also encourage the citizens not to blow

their leaves and grass into the drainage system.

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

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



NOTE: Mayor Pro Tem Turner Pugh left at this point in the proceedings,

with the time being 11:25 a.m.

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

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON, AS

INFORMATION FOR THE MAYOR & COUNCIL:__________

(1) Letter from ACCG, Re: Final Version of the Association County Commissioners

of Georgia Strategic Plan.



(2) Memorandum from GMA, Re: Fall Training Program, October 28, 2009 in Athens,

Ga.



(3) Mayor?s Committee for Person?s with Disabilities for the week of July 27,

2009.



(4) A copy of Councilor Davis? proposal, Re: Creation of Office and Position of

Crime Prevention.



*** *** ***



THE FOLLOWING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE COUNCIL:



A Resolution (288-09) ? Approving and receiving the report of the Finance

Director of those alcoholic beverage licenses that were approved and/or denied

during the month of June 2009.



A Resolution (289-09) ? Excusing Councilor C.E. ?Red? McDaniel from August

11, 2009 Council Meeting.



Councilor Henderson moved the adoption of the two resolutions. Seconded by

Councilor Allen and carried unanimously by those eight members of Council

present at the time, with Mayor Pro Tem Turner Pugh being absent for this vote

and Councilor McDaniel being absent from the meeting.

*** *** ***



TAXICAB COMMISSION:



Clerk of Council Washington submitted a letter from Ms. Diane C.

Quick, resigning her position on the Taxicab Commission. Councilor Allen

moved the letter be received with regrets and thanks for her service to the

Commission. Seconded by Councilor Henderson and carried unanimously by those

eight members of Council present at the time, with Mayor Pro Tem Turner Pugh

being absent for this vote and Councilor McDaniel being absent from the

meeting.



*** *** ***



EMPLOYEES? PENSION PLAN BOARDS OF TRUSTEES:



Clerk of Council Washington submitted a letter from Ms. Omagene

Holland, resigning her position on the Employees? Pension Plan, Board of

Trustees as the Retired City Employees representative



Councilor Allen moved the letter be received with regrets and thanks for

her service to the board. Seconded by Councilor Henderson and carried

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

Pro Tem Turner Pugh being absent for this vote and Councilor McDaniel being

absent from the meeting.



*** *** ***



TAXICAB OWNERS BUSINESS LICENSE:



Application of Luis Rodriguez for a taxicab owner?s business license to

operate Special Ops Transport, located at 506 Manchester Expressway B3,

Columbus, Georgia 31904.



Councilor Woodson moved approval of the application. Seconded by Councilor

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

time, with Mayor Pro Tem Turner Pugh being absent for this vote and Councilor

McDaniel being absent from the meeting.



*** *** ***



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:________________________________________________________



Application of Scooter McMillan to temporarily close 10th Street from 1st

Avenue to 2nd Avenue, on Saturday, August 22, 2009, from 12:00 p.m. to 3:00

p.m., in connection with Springer Opera House ?free street fair and city-wide

celebration?.



Councilor Woodson moved approval of the application. Seconded by Councilor

Allen and carried unanimously by those by those eight members of Council

present at the time, with Mayor Pro Tem Turner Pugh being absent for this vote

and Councilor McDaniel 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, No. 25-09; 26-09; 27-09.

The Greater Columbus Golf Authority, June 23, 2009.

Uptown Fa?ade Board, June 15, 2009.



Councilor Allen moved approval of the minutes. Seconded by Councilor

Woodson and carried unanimously by those eight members of Council present at

the time, with Mayor Pro Tem Turner Pugh being absent for this vote and

Councilor McDaniel being absent from the meeting.



*** *** ***



THE FOLLOWING NEW ZONING PETITION WAS SUBMITTED AND EXPLAINED BY CLERK OF

COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY

COUNCILOR WOODSON:__



Petition submitted by the Planning Department to amend the text of the

Unified Development Ordinance to create a corridor overlay district: Victory

Drive Overlay District. (17-A-09-Planning) (Recommended for approval by both

the Planning Department and the Planning Advisory Commission)



*** *** ***



BOARD APPOINTMENTS:



BUILDING AUTHORITY OF COLUMBUS:



Clerk of Council Washington pointed out that Mr. Carmel Biggers, and Mr.

Donald Bowman terms of office expired back in March and that they are not

eligible to succeed themselves and a nomination would be needed for these

seats. She said the Mayor is working on a replacement for Mr. Biggers? seat and

that the Council will need to nominate someone to succeed Mr. Bowman. There was

no action taken.



*** *** ***



COMMISSION ON INTERNATIONAL RELATIONS & CULTURAL LIAISON ENCOUNTERS

(CIRCLE):

_______________





Clerk of Council Washington pointed out that the Council has declared the

seat of Ms. Deidre Williams vacant and that they will need to nominate someone

else for this position.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that Mr. Steven D?Ostroph has

resigned from his seat on the Community Development Advisory Council. She said

this is Councilor Henderson?s nominee.



*** *** ***



COOPERATIVE EXTENSION ADVISORY BOARD:



Clerk of Council Washington pointed out that Rev. Joseph Roberson is no

longer a resident of Muscogee County and that we need someone to fill this

unexpired term. She said we might have a possible candidate for this board, as

we receive a bio from someone who is interested in serving and said she will

forward these bios to the Council.



*** *** ***



EMPLOYEES? PENSION PLAN, BOARD OF TRUSTEES:



Clerk of Council Washington pointed out that Ms. Omagene Holland has

resigned as the Retired City Employees Association representative on this board

and that the Mayor needs to name someone to fill this unexpired term.



*** *** ***



HISTORIC & ARCHITECTURAL REVIEW BOARD:



Clerk of Council Washington pointed out that Ms. Eva Smith has resigned

from her seat on the Historic & Architectural Review Board and that Council

will need to nominate someone to fill this unexpired term.



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington pointed out that Mayor Pro Tem Turner Pugh has

nominated Mr. Stan Stovall as her District Four representative to succeed Ms.

B. J. McBride and that he may now be confirmed. Councilor Allen moved

confirmation. Seconded by Councilor Hunter and carried unanimously by those by

those eight members of Council present at the time, with Mayor Pro Tem Turner

Pugh being absent for this vote and Councilor McDaniel being absent from the

meeting.



She further pointed out that we still have two District Councilors who

have not submitted their nominee for their respective districts for the Keep

Columbus Beautiful Commission. She said those nominations are Marie Lewis;

District 2 Representative is not eligible to succeed herself. Susie Hamlet,

Council District 7 Representative is not eligible to succeed herself. The

following nominees are the recommendations of the Keep Columbus Beautiful

Commission for consideration by the Council. Melba Sturlock to replace- Marie

Lewis. Camille Walkinshaw to replace- Susie Hamlet



She also pointed out that Ms. Josephina Takemoto?s seat has been declared

vacant and they need a recommendation for this position also.



*** *** ***



LAND BANK AUTHORITY:



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

William Baird, Mr. Terry Hattaway and Mr. Joseph Powell have expired on the

Land Bank Authority and that they are eligible to succeed themselves for

another term of office. Councilor Henderson then nominated those that were

eligible to serve again.



She further pointed out that Mr. Rob Doll has resigned from his seat on

the Land Bank Authority and that this is the Mayor?s appointment. There were

no nominations.



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Referring back to the recommendations of the Keep Columbus Beautiful

Commission, Councilor Baker asked Clerk of Council Washington if they could

make nominations on the recommendations from the Keep Columbus Beautiful

Commission, to which she stated that all of those recommendations have been

made with the expectation of the two District Councilors, 1 & 7; however, he

could nominate Mr. William Kendall to fill the unexpired term of the at-large

seat of Mr. Stan Stovall who was just confirmed to fill the District 4 seat.



Councilor Baker then nominated Mr. William Kendall for that position.



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Clerk of Council Washington pointed out that Dr. John E. Stephens has

resigned from his seat on the Public Safety Advisory Commission and said this

is Councilor Anthony?s nomination. There was no nomination.



*** *** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that Mr. Bradford Haines has

resigned from his seat on the Recreation Advisory Board. She said this is

Council Davis? nomination.



*** *** ***

TREE BOARD:



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

James R. Head and Ms. Dorothy McDaniel expired at the end of last month and

that they are eligible to succeed themselves for another term of office.

Councilor Henderson nominated Mr. Head and Ms. McDaniel to succeed themselves

for another term of office.



She also pointed out that the term of office of Mr. Milton Anthony has

expired as well, and he is not eligible to succeed himself.



Clerk of Council Washington said she would bring this back at the next

meeting, for the Council?s confirmation.



*** *** ***



VALLEY PARTNERSHIP JOINT DEVELOPMENT AUT:



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

Ms. Jacki Lowe and Mr. Carmen Cavezza have expired on the Valley Partnership

Joint Development Authority, but they are eligible to succeed themselves for

another term of office. Councilor Henderson nominated

Ms. Lowe and Mr. Cavezza for another term of office.



*** *** ***



Mayor Wetherington then asked if there was anyone else in the audience who

wanted to be heard.



Mr. Paul Olson said it alarmed him when Mayor Wetherington said that these

people who are looking for their refund from the sales tax are going to be on

their own. He said we are talking about thousands of people who have been

affected by this, everyone who has gone outside of the City. He said that is a

crime if they have charged six percent and kept the other percentage, that is a

crime. He said these are your constituents and we are talking about in the

multi-thousands of dollars; and he would think that you being the good servants

that you are, that you would be going after this tenaciously. He said in his

letter, he is asking the Mayor to head up this investigation and if people have

committed this crime, then it is up to the District Attorney Julia Slater to

indict and prosecute, along with the Attorney General at the State law.



Mr. Olson said he noticed that we have not had a town hall meeting on

health care and said he has some questions with regards to the health care

plan. He said we have indigent care that all of us pay for, 3 mills in property

taxes; so, when they talk at the Federal level that it is only going affect the

rich, it is affecting everyone here in the community, and indigent care is for

the poor. He said the question that he has that needs to be answered, is

whether or not this will be going away or are we going to be exploited and

exempted from that. He said at the State level, we pay our State income taxes

and they have an indigent care and we pay millions of dollars in that respect.

He said at the Federal level, we have Medicare, and said it is extracted from

our payroll and when you turn age 65, you are paying $100 per month for

Medicare and Medicaid is essentially the same way as indigent care. He said we

are paying for the poor and those people who don?t have medical care at the

local, state and federal levels.



Mr. Olson spoke for some ten minutes in expressing his concerns regarding

health care and other items.



*** *** ***



With there being no other business to come before this Council, Councilor

Allen then made a motion for adjournment. Seconded by Councilor Woodson and

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

with Mayor Pro Tem Turner Pugh being absent for this vote and Councilor

McDaniel being absent from this meting, and the time being 12:00 p.m.







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia











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