MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR MEETING
DECEMBER 15, 2009
The regular weekly meeting of the Council of Columbus, Georgia was called
to order at 9:08A.M., Tuesday, December 15, 2009, on the Plaza Level of the
Government Center, Columbus, Georgia. Honorable W. J. Wetherington, Mayor,
presiding.
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PRESENT: Present other than Mayor Wetherington and Mayor Pro Tem Evelyn Turner
Pugh were: Councilors R. Gary Allen, Wayne Anthony, Mike Baker, Jerry ?Pops?
Barnes, Berry H. Henderson, Julius H. Hunter, Jr., Charles E. McDaniel, 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: No one was absent.
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INVOCATION: Led by Reverend Marcus Hunter, of the Greater Beallwood Baptist
Church.
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PLEDGE OF ALLEGIANCE: Led by Ann Peebles, 5th Grade Class from St. Luke
School.
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CITY ATTORNEY'S AGENDA:
THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND ADOPTED BY THE COUNCIL ON SECOND READING:_____________________________
An Ordinance (09-62) ? Rezoning property located at 8385 Heiferhorn Way
from NC (Neighborhood Commercial)/SFR2 (Single Family residential 2) zoning
district to NC (Neighborhood Commercial) zoning district.
(24-CA-09-Powell) The proposed use is for an Animal Hospital.
Councilor McDaniel moved the adoption of the ordinance. Seconded by
Councilor Henderson and carried unanimously by those ten members of Council
present for this meeting.
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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY
FAY AND AFTER SOME DISCUSSIONS, AMENDED AND THEN ADOPTED BY THE COUNCIL ON
SECOND READING:_____________________________
An Ordinance (09-63) ? Establishing the rules for the Rails-To-Trails
pedestrian and biking trail; and for other purposes.
Mayor Wetherington said he has asked Chief Boren to come down today
because some of the Council members has some questions about security and said
he wanted them to have an opportunity to talk with the Chief about security out
on the Rails to Trails.
Police Chief Rick Boren said he was asked to come to the Council this
morning in reference to security of the Rails To Trails. He said as you know,
we have ordinances that are already on the books with respect to regular parks
and we have a very defined perimeter with gates that can be opened and closed
at the time when the ordinances says that park will be opened and closed. He
said with the Rails to Trails, they are dealing with an 11- mile linear park
and said they have areas that they can enter and exit from for emergency
vehicles. He said they have also asked for designations on the trail, which
will be known to the 911 Center in the event there is an emergency on the trail
and the shortest way to get from wherever the car is to that point.
He said he doesn?t have a problem with this being treated as any other
park; however our problem with this area is that you have trails that run
through specific neighborhoods and you have neighborhoods out there that may
use sections of that trail any time other than the regular limited times for
access to the park. He said he would have no problems with this with an
extended time period in certain areas or on the trail itself, but said he
thinks there needs to be a perimeter or set time when and if the police
department is called in reference to specific problems that they would have
some type of writing or ordinance that would back them up if enforcement has to
take place.
Chief Boren said they would use discretion; they will use a lot of
discretion in the areas especially where you have a child riding a bike,
skating or walking in these specific areas, which they already do in regular
parks. He said it is their practice whenever they go into a park if there is a
complaint other than gun shots, or disorderly crowd that they would warn the
individuals first and if they returned and the same things were happening or
the same people were in the park then they would disposition at that time, but
they do use discretion before making cases. He said there are going to be
people that are going to call especially if they know there is a timeframe for
being in the park and will put us in the middle of whatever the problem is. He
said we would have people that will say they are supposed to be closed at 9:00
and we want a case made. He said it would then be up to the officer to make the
discretion as to whether or not a citation is issued. He said he thinks that
they are going to have to use discretion as to how they enforce the rules or
the ordinances on this 11-mile stretch of park in the city. He said he does
not think that we are going to have any problems with enforcement.
At the request of Mayor Wetherington, Chief Boren went into some details
pointing out the type of officers that will be used on the trail, as well as in
the parks. He said it is in their strategic action plan for the officers for
the new hire; to start off with one squad of officers, which will be a sergeant
with five to six officers and their responsibility will be the Riverwalk,
Parks, and the Rails to Trails is included. He said it is in the strategic
action plan that we have created to have two squads, which will be later down
the road, and there will be a day and evening shift that will probably overlap
at some periods of time. He said the sergeants would be in charge of where the
officers are detailed, and said that we may not be in the same parks everyday,
but they will have a strong presence in the Parks, as well as the Riverwalk and
the Rails to Trails on specialty type of equipment, four-wheelers, and
bicycles. He also said the trail itself wide enough for police cars and he has
already asked the motor squad that when they are going and coming without being
on specific calls, emergency calls to use the Harleys on the Rails to Trails to
go from Point A to Point B here in Columbus.
Councilor Davis then asked Mayor Wetherington if he was going to open up
the floor to anyone who wanted to speak to this issue, to which Mayor
Wetherington said he didn?t have any objections, but said that he would have to
make a motion to allow those individuals to be heard.
Councilor Davis said he would reserve his comments, if there were
individuals out in the audience who wants to be heard and then made a motion
that they are allowed to speak. Seconded by Councilor Barnes and carried
unanimously by those ten members of Council present for this meeting.
Prior to anyone coming forward to be heard, Chief Boren responded to some
questions of members of the Council.
Councilor Allen said we talked about a lot of potential amendments on last
week and then asked City Attorney Fay to give us some guidance on what
amendments were previously made to this particular ordinance.
City Attorney Fay said the amendment that was made on last week was to
include the safe speed language in, which we have done; subsection e: maintain
a safe speed; which says that no person shall operate a bicycle or other
permitted vehicle at a speed greater than as reasonable and prudent under the
conditions that are existing. He said that is similar to the other park
ordinance that you have, but the open question is whether or not you want to
set some hours for opening and closing; and if so, you could amend it today. He
said right now in the ordinance, it says from dusk to dawn.
Councilor Allen said he has received a lot of emails regarding this and he
appreciates them because he is not a biker, but said it seems like we should
try to tie little ?g?, dusk to dawn, closer to what we operate our parks on.
He then asked what was that terminology, to which City Attorney Fay said he
didn?t know the exact hours, but he thinks that some are from 9:00 p.m. to
11:00 p.m.
City Manager Hugley said the hours of operation of the parks are from 5:00
a.m. to 11:00 p.m.
Councilor Allen said if we do that, and if we run into some issues where
it needs to be addressed later on then we can come back later on and talk about
it. He then made a motion to amend the ordinance to state the hours for the
operation of the Rails to Trails from 5:00 a.m. ? 11:00 p.m., which would amend
little ?g?.
Chief Boren said he thinks that would come under the definition of a park.
Speaking to the motion to amend the ordinance, Councilor Henderson said he
is not going to support this amendment right now. He said he is in full favor
of expanding the hours. He said that he has received the emails as well and
said the more he thought about, he thought it seemed kind of inconsistent that
we put something there for the public?s use and basically eliminate it for most
of the public particularly during the winter season; however, from a procedure
standpoint when we went out to these public meetings when we had people to come
and give their comments, there were a number of residents whose property line
actually backs right up to that trail and they expresses some concerns and out
of those concerns was born the idea of operating the trail from dusk to dawn
and said that is what was communicated to them. He said even though he will, at
some point, support expanding the hours, he couldn?t do it right now because he
thinks it would be disingenuous to those folks that we have told that as the
trail opens, it would be from dusk to dawn.
He said it would give us an opportunity to judge the flow of traffic on
the trail. He said he really likes the idea of it being opened until 11:00
p.m., because the college students are anxious to get out of their cars, as
mentioned earlier. He said the people that he has heard from don?t want a
trolley that some people have talked about. He said they don?t want any kind of
combustible engine driving them up and down the place, but they want to be on
their bikes going from the downtown residential area where their apartments and
to get to the main campus. He said ultimately he would support some kind of
change to the hours, but he can?t do it right now until after we have had a
chance to go back and communicate with the people who live along the trail.
Councilor Baker said those are the same lines that he are one. He said he
has really been one of the ones who are in favor of limited hours mainly
because he feels like we did make commitments to some of those folks who live
in those neighborhoods and said he would hate for us to go back on our word to
them right off the get go that we would expand that to some of the hours. He
said one other concern that he had was a public safety issue, but said that
Chief Boren has addressed that concern.
He then asked whether or not it would be feasible if we had stretches that
was subject to different timeframes, to which Chief Boren indicated that it
would be much harder for them to enforce.
Councilor Anthony then asked Chief Boren would timeframe recommendation
does he have with regards to the hours of operation, to which he stated that
11:00 p.m. is somewhat late, but he doesn?t have a problem with it until he can
see what problems, if any, that we might have with it. He said we might open it
up and never have a problem out there.
He said he concurs with Councilor Henderson, to go ahead and gives us a
timeframe, let?s see what we are going to have, let?s open it up and let people
start using it, and if problems exits, then we will come back to the Council.
Mayor Pro Tem Turner Pugh said he would like to ask the author of the
current motion that?s on the floor, as well as Councilor Henderson, if they
would object to changing the closing time of the trail to 9:00 p.m. starting
off and then if need be, we can always increase it at a later time. She said
the majority of the emails that she has received have been from the people who
live along the trail, most of them talked about the same thing that we talked
about last time and said some people don?t get off from work until around 6:00
or 7:00 p.m. and by the time they get home, it is around 8:00 p.m. and that
doesn?t leave a lot of time for them, if they choose to go bike riding. She
said she would like to make an amendment to the motion that the park would
close at 9:00 p.m. Seconded by Councilor Allen.
City Attorney Fay then said if there is anyone who wants to comment on
this ordinance may do so at this time.
Mr. Bert Coker, 5815 Ventura Drive then came forward and said he would
like to establish why we don?t have a trolley. He said he has had two excuses
given to him. One being that we didn?t have enough money for a trolley and the
second one was that people didn?t want a trolley. He said when the people voted
for the SPLOST for this, they were thinking that they would be able to take a
trolley from downtown Columbus out to Peachtree Mall or out to Flat Rock Park
and wouldn?t have to drive. He said he thinks that the people were misled when
the vote came up. He said a lot of the people are irate about this and said
they don?t know the true reason why we don?t have a trolley. He said if you are
not going to put a trolley in, they don?t like the name Rails to Trails. He
said they thought it would be an electrical trolley on wheels and said he would
like for you to clarify why we couldn?t get the trolley.
Mayor Wetherington said the City Manager has explained on several
occasions why we don?t have a trolley. He then asked City Manager Hugley to
once again response to those concerns expressed by Mr. Coker.
City Manager Hugley said when we went out initially with the project, we
talked about Rails to Trails, and said each time that this matter has come up
on the agenda, it has always been the same. He said the project, which was an
$11 million project 10 years ago; was for a walking/jogging, trolley trail. He
said what he has explained to you once before is that a trolley on rail would
be in excess of $50 million and said we have $11 million in the budget, but
have been able to leverage some stimulus money to get an additional $1.5
million; however, $12.5 million is not enough money to build a walking/jogging
trolley trail. He said we have not eliminated the idea of a troll on rails or
a rubber tire trolley, but said that will come at a later date and a later
phase. He said we are completing the walking/jogging bike trail at this time.
He said even if we were to put a $50 or $100 million rail between here, 14th
Street and Psalmond Road there is little or no demand at this time for such an
expensive trolley on rail. He said we know that there is no demand for it
because no one has called us and demanded a trolley on rail because they want
to ride from 14th Street out to Psalmond Road.
Mr. Coker said they call him.
City Manager Hugley said why would we not want to wait for the demand to
come before we put a $50 to $100 million trolley to run out there with no
passengers. He said it might come at a later date, but not right now.
Mr. Coker said when it was voted on, that is what the people voted on. He
said it was stated that we would have a rails to trail trolley.
City Manager Hugley said that wasn?t on the ballot. He said he hopes that
he has answered your question with respect to the trolley.
City Manager Hugley then responded to further questions of Mr. Coker.
After that discussion concluded, the following individuals then came
forward to express their views with respect to the hours of operation for the
Rails to Trails. Mr. Trip Layfield, Dr. Ben Pike, and Mr. Jason McKenzie, #18
7th Street.
Those individuals said they feel that it is in the best interest of this
City, the bicyclist and the residents to have this trail open longer because of
the accessibility of the police officers and the use of cell phones by the
bicyclist. They said they think that from 5:00 a.m. ? 11:00 p.m. is reasonable,
prudent and is in the best interest of everyone concerned.
Mayor Pro Tem Turner Pugh said in light of the comments that is being made
by those individuals, as well as some of the Council members expressing their
concerns with respect to the hours of operation on the Rails to Trails said she
would like withdraw her motion and allow Councilor Allen?s motion to stand;
which is to coincide with the parks opening and closing which is from 5:00 a.m.
? 11:00 p.m.
Mayor Wetherington then asked if there was anyone else who wanted to speak
to this issue.
An unidentified gentleman who says that he lives in Harris County said
that he oftentimes come to Columbus a lot and uses these trails. He said that
a lot of time when you remove good you bring in evil. He said when you have
people like them, the cyclist around the residents house rather than other
individuals, and said he likes the time of 5:00 a.m. ? 11:00 p.m.
Miss Ransee Greathouse, a 10th grader at Hardaway High School came forward
and read a prepared statement regarding the Rails to Trails program and said
that she believes this would make a difference with respect to health issues in
our community. She said she would use the trail coming from downtown Columbus
to Hardaway High School. She said the dawn to dusk rule is unpredictable
because the sun doesn?t set and rise at the same time each day.
Councilor Henderson said he is in favor of changing the hours, but he
personally don?t see the rush to try to change this right now without first
making that effort to communicate with those residents and maybe take a few
weeks to evaluate the usage and give the residents a chance to see how it goes.
He said even though we say dawn to dusk, we know there will probably be people
out there after that time. He said he didn?t want anyone to misunderstand his
vote against this amendment as being against expanding the hours.
Mr. Terry Wetback, 5922 U Avenue, which is near the trail and said he has
been excited for a few years now to have this happen. He said he is an avid
cyclist and said it would be a great thing for him. He said he would like to
also see the park close at 11:00 p.m., but said that wouldn?t bother him if it
closed at 9:00 p.m. He said he spent a great deal of his life in college and
said when he was in college bicycling was his means of transportation.
He said he believes the college library closes between 10:00 & 11:00 p.m. and
said when he was in college he was in the library until it closed a lot and he
bets that a lot of the college students today are in the library late until it
closes. He said he thinks that maybe this should be some kind of consideration
because there are a lot of people riding bikes to save money; and there time
management is a very important thing when you are going to college.
Ms. Joanne Canine, President of the Columbus Cycling Club asked if you
kept the trail open currently from dawn to dusk, in order to see what the usage
would be, what would the repercussion be for those people who used the trail
after dusk, if it?s going to be illegal.
Mayor Wetherington said he could support the Council in having the trail
stay open until 11:00 p.m.; however, he doesn?t get a vote unless there is a
tie vote. He said he respect Councilor Henderson for his thoughts, but said
this park is going to be a great facility for the cyclists and those students
attending CSU. He said we currently have a curfew for folks being in the parks
at 11:00 p.m. and said he doesn?t think that we have made very many cases of
people being out in the park after 11:00 p.m. and said he hope that they would
abide by the law. He said he has a lot of respect for the cyclists and getting
you off the streets and into the parks.
City Attorney Fay said the motion that is on the table would be to open
the Rails to Trails from 5:00 a.m. ? 11:00 p.m. at night and be closed from
11:00 p.m. to 5:00 a.m.
Councilor Davis said he would like to thank those who took time out of
their day to come down here this morning. He said he would also thank those who
sent emails because it does make a difference when it comes to the decision
making process.
Councilor Anthony said he would also like to thank the cyclist for their
willingness to be assistance to us in patrolling the parks.
The question was then called on Councilor Allen?s motion to amend the
ordinance to allow the Rails to Trails to be open from 5:00 a.m. ? 11:00 p.m.,
which carried by a vote of 8 to 2. Voting for the motion was Councilors Allen,
Anthony, Barnes, Davis, Hunter, McDaniel, Woodson and Mayor Pro Tem Turner
Pugh. Voting against the motion was Councilors Baker and Henderson.
Mayor Pro Tem Turner Pugh then made a motion to adopt the ordinance as
amended. Seconded by Councilor Woodson and carried unanimously by those ten
members of Council present for this meeting.
City Attorney Fay then pointed out that the ordinance has now passed as
amended.
Mayor Pro Tem Turner Pugh said on last week we talked about what would
happen at the crosswalks and then asked City Manager Hugley to make sure that
we have those crosswalks stripped.
City Manager Hugley said he doesn?t know exactly what the design is, but
said he knows that there is something in the construction plans to deal with
the crosswalks. He said he would just have to remind people that it is under
construction. He said because they don?t see it now it doesn?t mean it isn?t
there now, but it is still under construction.
Councilor McDaniel said we have a trolley out at METRA that?s built like a
train and then asked City Manager Hugley if that could be shifted to be used
out at the trail.
City Manager Hugley said it is wide enough for the trolley to ride on it,
but said it is going to interfere with the walking and bicycling. He said it is
not something that he would encourage at this time. He said if we were going to
use the trolley, we would have built it wider and have done something to
separate that traffic from those folks who will be walking/jogging or cycling.
He said it remains open as a future project; either rail or rubber tire, and
said we would have to come back and do some further work; however, it would not
interfere with the current project of walking, biking or jogging.
In responding further to Councilor McDaniel, City Manager Hugley said we
have three or four of those trolleys out at METRA that he was talking about
that could be used on the trail; however, he will not mix the traffic with the
walkers/joggers, and cyclists.
Councilor Davis said there are a lot of examples of trails around the
State and he knows that our staff is aware of that. He said the most recent one
is going out to the reception out to Fort Benning and said they already have
some safety mechanisms in place; they are solar powered and flashing on their
trails. He said it looks like they have done a good job out there in protecting
their residents on the military installation and said we might want to go out
there and take a look at what has been done out there.
City Manager Hugely said that Mr. Rick Jones has said that we are doing
some of those same things. He said the project is under construction, but it is
not complete yet and said all of those precautions are in the plans and will be
constructed by the time the project is done. He said it should be completed by
the spring of 2010, but people are using it.
After more than an hour of discussion on this subject, City Manager Hugley
then responded to further questions of members of the Council.
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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY
FAY AND ADOPTED BY THE COUNCIL ON SECOND READING: ____________________________
An Ordinance (09-64) ? Regulating vehicular traffic in Columbus, Georgia
by weight limitations and/or length for trucks on Brown Avenue from Cusseta
Road to Martin Luther King, Jr. Boulevard. Mayor Pro Tem Turner Pugh moved the
adoption of the ordinance. Seconded by Councilor
Henderson and carried unanimously by those nine members of Council present at
the time, with Councilor McDaniel being absent for this vote.
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EXECUTIVE SESSION:
City Attorney Fay said he would like to request a brief executive session
to discuss a litigation matter. He said the parties are present in the Council
Chambers.
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PUBLIC AGENDA:
THE FOLLOWING INDIVIDUALS APPEARED ON THE PUBLIC AGENDA AND BELOW IS A
SUMMARY OF THEIR COMMENTS:
MR. DANNY DEAN, REPRESENTING D. DEAN & ASSOCIATES, INC., RE: PROJECT
MANUAL FOR THE COLUMBUS ICE RINK: (Page 1B-3 Sec. 09.2 - Qualifications of
Bidders.)
Mr. Dean appeared and expressed great concerns in that he feels that local
bidders are being excluded from bidding on the contract to construct the ice
rink at the Columbus Civic Center. Reading from a prepared statement, he asked
that the Council consider several things in the bid process that could possible
allow local bidders to bid on this contract. (A copy of Mr. Dean?s statement
was filed for the records and is being made a part of the original minutes)
He said contractors in Columbus, Georgia have not had an opportunity to
build $3 million projects and that this provision in the bid specifications
would cut them out of being able to bid.
City Manager Hugley and Deputy City Manager David Arrington, as well as
City Engineer Donna Newman responded to those concerns expressed by Mr. Dean.
They also responded to several questions of members of the Council.
After about an hour and a half of discussion on this subject matter, there
was some considerations given to lower the dollar amount of the required
projects that a builder must have participated in and a motion was even made,
but was later withdrawn to allow the Administration an opportunity to look into
the concerns of Mr. Dean.
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MR. PAUL OLSON, RE: TOWNHALL MEETING ON CRME PREVENTION, RAILS TO TRAILS,
AND GARBAGE FEE:________
Mr. Paul Olson, who requested to be listed on today?s Public Agenda, did not
respond when given the opportunity to address the Council.
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MR. BERT COKER, RE: RAILS TO TRAILS, GARBAGE FEE AND
BRAC:__________________________________________________
Mr. Coker spoke earlier with respect to the Rails to Trails subject,
however, he said that there could possibly be about 200 bicyclist that would
use this trail. With respect to the issue of the garbage fee, he said he
appreciates that the fact that the Council has decided not to go up on the
garbage fee. He said with the expansion of BRAC that may be a good thing for
Columbus.
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TREES, PENDING LEGISLATION:
Mr. Rick Jones came forward and gave the following presentation with
regards to Senate Bill 164, as outlined below.
Senate Bill 164
Billboards: State Rights of Way, Cut Vegetation/Lower Signs
SB 164
Introduced in the Georgia Senate last year
Creates a mechanism that would allow billboard owners to cut vegetation in
front of signs
In exchange signs could be no higher than 75 feet in height.
GMA is working with the author to craft language that will preserve the
effectiveness of applicable local ordinances.
SB 164
The bill removes restrictions on trees in the right of way and in the ?viewing
zone?
Current law protects hardwoods and trees of a certain diameter
Eliminates the five year waiting period for tree cutting permits
Current law encourages locations that are free of trees
Could severely impact city?s gateway program as this bill would allow for the
cutting of such plantings
Adoption of the bill could also damage the city?s legal action against the
billboard industry that is still pending
To go to scenes like this?..
SB 164
The Georgia Senate Passed/Adopted on February 26, 2009
The bill made it to the third reading, where it was defeated.
Immediately after that vote, the leaders asked for reconsideration of the bill.
The House bill was postponed until the 2010 legislative session
SB 164
A vote on the bill will take place in 2010
Our legislative delegation has been supportive in trying to defeat this action
Continued support should be requested from our legislative delegation, GMA, and
ACCG to stop this bill
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NOTE: Councilor McDaniel left at this point in the proceedings with the
time being 11:40 A.M.
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LAND BANK AUTHORITY:
Deputy City Manager David Arrington came forward and said several weeks
ago, the Council requested a presentation on the Land Bank Authority and said
what he would like to do on this morning is to review some of the local efforts
regarding vacant and abandoned properties which touches on
the most recent focus on Land Bank. He said he would also review the history of
the City?s Land Bank Authority, and to provide some recommendations as we move
forward.
He then went into some details and outlined the following information
regarding the Land Bank Authority and the purpose of the Land Bank Authority.
Local Vacant and Abandon Properties Initiatives
2007 ? City staff met with Historic Columbus Foundation (HCF), Historic
District Preservation Society (HDPS) to discuss concerns about impact of
demolition process in historic district.
August 2007 ? National Vacant Properties Campaign conducted on-site assessment
of community. Three recommendations resulted from assessment.
Re-activate the Land Bank Authority
Modify code enforcement and nuisance abatement policies
Promote historic preservation as an economic development tool
Local Vacant and Abandon Properties Initiatives
October 2008 ? In a public/private partnership the City along with HCF, HDPS,
Coalition for Sound Growth (CSG) and Midtown Inc. sponsored a Roundtable on
Vacant and Abandon Properties.
February 2009 ? Columbus contingent visited Macon, GA Land Bank Authority.
He said there are a number of Land Bank Authorities across the
southeast, with one being in Atlanta, and said in each community the thing that
they have seen with the Land Bank Authorities is that the structure and the
organization and function is different based on each of the community?s needs
in that particular community.
Deputy City Manager Arrington said whenever we focus on our needs locally,
our Land Bank Authority, it would probably be different from those other
communities.
Land Bank Authority
Established by Ordinance #92-11, Feb. 12, 1992
Created per Land Bank Authorities Law
O.C.G.A 48-4-60 et seq.
Purpose
Developing and promoting for the public good and general welfare by returning
land which is in a non-revenue generating, non-tax producing status to an
effective utilization status to provide housing, new industry and jobs for the
citizens of the City.
Land Bank Authority
Governed board composed of 4 members
2 appointed by the Mayor
2 appointed by the Council
Shall meet from time to time
3 members constitute a quorum
Approval of the majority of members shall be necessary for any action to be
taken by the Authority.
Mr. Arrington said there has been some discussion in the assessment that
was conducted of our community and more specifically of the Land Bank
Authorities Law in that we might want to expand the participation to more than
just four members so that you can get a broader prospective in our community.
He said in looking at the Land Bank Authority, it does for community
revitalization what the Development Authority does for economic development and
it focuses on some of those concerns.
Land Bank focuses on returning non-tax-producing properties to a productive use.
Tax delinquent properties
Vacant and abandoned properties
Surplus Public Property
Authority shall hold, in its own name, for the benefit of the City, all
properties conveyed to it by the City, all tax delinquent properties acquired
by it pursuant to this article and all properties otherwise.
Authority shall administer the properties
Acquisition and disposal of property by the Authority shall not be governed or
controlled by any regulations or laws of the City unless specifically provided.
No property may be sold, traded, exchanged or otherwise disposed unless
approved by Authority members.
Authority shall have option at any time after the tax sale to cause the Tax
Commissioner to make a deed of the property to the Authority.
Authority has the right to foreclose the right to redeem property after the
expiration of the 12-month redemption period has expired.
Authority also has option, with Council?s approval, to exercise ?In Rem
Judicial Foreclosure?. This process will reduce the time to clear title and
make the property marketable.
Authority shall have the power to extinguish all county and city taxes and
other liens of the city, other than school district taxes; at the time it sells
or otherwise disposes of the property.
Any proceeds remaining after paying all costs, expenses, taxes and other liens
shall be used by the Authority to pay any additional administration expenses.
The authority shall have full discretion in determining the sales prices of the
property.
Deputy City Manager Arrington said there is some cost to this process,
but one of the problems that you have out in the community is that if there is
a piece of property is in foreclosure, typically it is not being maintained and
is a nuisance to the community, the City occurs costs associated with
maintaining the property and there is nothing that can be done with it until
you obtain clear title. He said if the Authority wanted to exercise this
procedure, if would shorten that period of time to get clear title down from 12
to 14-months to get a clear title down to 3 to 4 months. He said the
Authority would have to come to the Council and get the Council?s concurrence
to exercise this option, by resolution and said it would only take one
resolution to exercise this on multiple properties.
With respect to the information provided that says no property may be
sold, traded, exchanged or otherwise disposed unless approved by
Authority members, Councilor Allen asked Deputy City Manager
Arrington if this has to come back to the Council for approval, to which
he said it does not.
Deputy City Manager Arrington said the current ordinance provides that
authority to the members of the Land Bank Authority. He said once a property
is transferred to the Land Bank Authority that authority is given up or
delegated by the Council to the Land Bank Authority to make those decisions.
City Manager Hugley said that goes back to some discussions we had a few
weeks ago and the thought that we probably need to look at all the boards and
commissions, along with the City Attorney and the Clerk of Council and share
some information with the Mayor and Council and then you determine how far you
want the authority of boards and commissions to go. He said if you want to
identify those you want to have that authority then you can take those out and
all others, it would apply. He said he thinks that we need to have that
discussion; not just about this board, but said we need all of them, and we had
that discussion a few weeks ago as it relates to cell towers. He said he need
to get with the City Attorney and the appropriate staff to take a look at that
and then get feedback from you.
Mayor Pro Tem Turner Pugh also asked when they sell the properties, do
they sell them at fair market value or not. Deputy City Manager Arrington said
the selling price of the property would be up to the Authority. He said those
regulations are all under the current ordinance.
City Manager Hugley said those ordinances are old. Mayor Pro Tem Turner
Pugh said we need to take a look at that ordinance because she feels it is
somewhat outdated. She said that if we don?t sell it for fair market value,
then we have lost on that property. She said with the CDBG property, you
couldn?t sell it unless you get fair market value for it and she thinks that it
should apply to any property that we sell.
Deputy City Manager Arrington said that a copy of the ordinance is
included in your packet of information and said all this information comes from
the ordinance. He said when you look at the Land Bank Authority being used as
a community redevelopment tool; you are talking about having to assembly small
parcels, having to get property into the hands of non-profits or community
revitalization groups that are willing to invest into making the necessary
repairs and upgrades to the property; so, from time to time it may be in the
best of the community to dispose of property at least than fair market value.
He said that would be a policy decision for this Council to make.
Mayor Pro Tem Turner Pugh said sometimes when we don?t have a policy in
place, people can use their own discretions, but said the discretions are not
always fairly used. She said she would hope that anything that we do in this
government that everyone is treated the same way. She said she knows that this
is something that we need a long time ago; therefore, we need to look at them
and correct our wrongs, because we have learned over the years that some wrongs
have been done.
Deputy City Manager Arrington said in looking at the Land Bank Authority
as it relates specifically to this effort, said it is a tool that could only be
used to address specific situations. However, it is a tool that we currently
don?t have available to us within the community. He said to get those
properties that have tax liens, demolition liens or other legal barriers to
that property being developed and they are currently either vacant property or
a cleared lot or property hat will be demolished within the neighborhood, this
provides a mechanism for the City through the Land Bank Authority to get title
to that property and to look for some way to redevelop that property where it
would be an asset to the community as opposed to it being a liability. He said
that sole objective is what came out of their discussions going all the way
back to 2007 and the Land Bank Authority for that single purpose is the best
mechanism for our community to be able to accomplish that. He said the Land
Bank Authority has a lot more authority beyond that and certainly it comes down
to a policy decision, but said when you look at the City staff and other
community groups are looking at as far as community revitalization that is the
reason they were looking at the Land Bank Authority as a tool to help to be
able to accomplish that.
Mayor Pro Tem Turner Pugh asked Deputy City Manager Arrington to provide a
list of properties that we have given to the Land Bank Authority and they have
been sold. She said she wants to know what the fair market value was of each
property, as well as what it was sold for. (Referral of Mayor Pro Tem Turner
Pugh)
Continuing with his presentation, Deputy City Manager Arrington pointed
out the following additional information, as listed below.
Land Bank Authority
December 2001 the City transferred 12 properties to the Land Bank Authority
Consisted of 12 Sheriff Deeds
Housing Non-Profits were interested in the properties
Properties were designated for housing development
Properties were sold to the non-profits
These transactions were the last action of the Authority
City Attorney Fay said we need to keep in mind that is just one tool that
is supposed to be in your box, as a governing authority. He said a lot of times
these properties are not developed because they have a demolition lien of weed
lien that is placed on them that may be five times the actual value of the
property itself and said this is just an impediment to any development and this
is just a tool. He said the State law gives the Land Bank Authority these
powers and our ordinance just tracks the State law that gives them the
authority to determine the sales price to recover expenses and to hopefully get
it back on the tax rolls.
Mayor Pro Tem Turner Pugh said we also have to pay the school district?s
taxes that had been on that property that had; so, out of the money that we
collect, we don?t get any tax money credits from it, but we do have to pay the
School District?s taxes that they owe.
City Attorney Fay said unless the School District agrees to waive their
portion of the tax that is correct.
Deputy City Manager Arrington said in conjunction with what the City
Attorney has stated, we have looked at the records and we have over 200
properties that have demolition liens on the property right now totally over
$1 million. He said those liens on the properties are a significant barrier to
someone coming in developing that property; so, typically those lots remain
vacant out in the community and the City incurs additional maintenance
responsibilities, as far as cutting the grass in the summertime. He said the
property is either owned by an out-of-town person or it is air property, and
title cannot clearly be established, but there is a lot of legal barriers. He
said that is just one case that this tool could be used for.
In continuing again with his presentation, Deputy City Manager Arrington
highlighted the following additional information, to include the advantages of
having a Land Bank Authority, as well as the challenges and then made some
recommendations, which are outlined below.
Advantages
Return vacant and abandoned properties to the tax roles
Ability to manage property
Flexibility to dispose of property
Provide property to housing non-profits for affordable housing
Mechanism to promote community re-development
Challenges
Funding sources
Private funding source may be available for specific Authority activities
Proceeds from property sales could be used to fund Authority activities
May require additional funding
Availability of staff support for the Authority
Deputy City Manager Arrington said based on their three years of
discussion, the community assessment, and the roundtables that they have held
and the opportunities that they see to move forward to have a positive impact
on community revitalization in the neighborhood they recommend that the Council
do the following:
Re-activate the Land Bank Authority by appointing someone knowledgeable to the
vacant positions
Authorize the Community Reinvestment Department to provide limited staff
support to that organization. He said if there was a need for greater staff
support there would have to be accommodations made for that.
Provide funding of approximately $50,000 (UDAG Funds) in initial start up costs
if Council elects to reactivate the Authority. He said we need to give them
some resources to get started with to supplement the private seed money that we
have recommended.
Deputy City Manager Arrington said we have come to you on several
occasions recommending the UDAG funding as a funding source. He said we have
used UDAG funds for the Arbor Point & Ashley Station projects. He said the
revenue generated from the UDAG loans is significantly dropping off every year
and said that will not be a continued funding source for us; h however there is
sufficient funds in that account to provide for this commitment, but it will
not be a funding source that we will be able to realize further.
Councilor Anthony said if there are houses in a neighborhood that is set
for demolition and is dragging the entire neighborhood down, asked Deputy City
Manager Arrington if this is some place that this might be of use. Deputy City
Manager Arrington said the houses that we would normally focus on in that
regard would be those that are tax delinquent, and those that are difficult to
identifying ownership. He said if it was a private party, unless they just
didn?t have the resource to move forward on that, we would be looking at more
tax delinquent properties or properties that have other liens or legal
problems.
Councilor Anthony asked if they are in foreclosures, or they have other
kinds of liens against the property, is that something that we could negotiate
to get those properties, or do you have to wait until all those other things
are solved.
Deputy City Manager Arrington said the City Attorney would be in a better
position to answer that question rather than him. He said they have not had any
discussions about foreclosed properties.
City Attorney Fay said this Land Bank would deal with properties that are
tax delinquent or have large demolition weed liens on them, but said we
wouldn?t get into the middle of a legal procedure that is already going on in
foreclosure.
Councilor Henderson said he appreciates the update on this board. He
said that he had re-nominated the incumbents who were previously serving on
this board for another term of office because they were eligible, which is the
way we typically handle that.
He said we got some recommendations of names for people to serve on this
board and he remembers this board having a great deal of authority; and said he
thinks that after we look at this in black and white, it is somewhat intense as
to how much authority this board does have. He said he needs time to digest how
much ultimate responsibility we have for their actions. He said he thinks it is
a wonderful tool, it?s good that we get it up running again, but if we put
people on the board that is recommended by some of the organizations that will
be the direct beneficiaries of some of these properties; although he knows that
they do a good job, but said it clouds the issue n the public?s mind and he
thinks it bears further discussion from this body because as we look through
this, some of the authorization that we give them through this Land Bank
Authority is pretty extensive in dealing with public owned property. He said,
we as the ones who are elected by the citizens to watch over such things, we
just need to be aware of how it is being disposed of and how it is handled. He
said there might be some opportunities to revisit some of the ordinance that
creates those powers for this board.
Councilor Henderson said he is very appreciative of the update, and said
he needs to look at it to make sure we understand just what our situation, as
an elected body and said he would be interested in hearing from the City
Attorney at some point, as to what type of responsibility that we have as per
the actions of this board.
City Manager Hugley said so that we at least keep this moving that you are
comfortable in the near future of re-activating and making appointments to the
Land Bank Authority. He said as you read through it, you will see some things
that really takes the authority out of the hands of the Mayor & Council, as
well as the City Manager; so, we probably need to be proactive and just bring
back some suggested changes to you that gets you comfortable that you can make
those changes and re-active it after the changes are made and move forward with
the appointments. He said what we can do is to bring you back a document with
changes that we think you will be comfortable with in terms of the authority;
and then from there, when that ordinance change is made, then they can
re-activate the Land Bank Authority and then make appointments.
Deputy City Manager Arrington said we can certainly do that and then
pointed out that included in the packet of information was a copy of the
assessment that was done by the National Vacant Properties Campaign and said he
thinks that gets to the heart of why there is an effort here locally to
re-activate the Land Bank Authority. He said that document does a very good job
of outlining how the Land Bank Authority can be used, as well as
it addresses some of the requests to re-active the board and the nominating of
specific individuals. He said it also recommended that the size of the board
be increased and that people knowledgeable in these types or with expertise of
these types of land transactions be appointed to the board.
He said he thinks that those that are involved in this process, that have
an interest in salvaging some of these older homes and revitalizing some of
these neighborhoods felt like they were just doing what the assessment
recommended in trying to get people who had expertise in this area on the board
so that it could be as effective as possible and they would come on there with
a good understanding.
At the conclusion of his presentation, Deputy City Manager Arrington said
at the direction of the City Manager, they would bring back proposed changes
based on the comments made by the Council.
Deputy City Manager Arrington then responded to further questions of
members of the Council.
Mayor Pro Tem Turner Pugh asked how long before a lien is put on the
property, how long do we allow the lien stay before we take it. Deputy City
Manager Arrington said as it stands right now, the lien just remains on there
and we don?t make an effort to take the property. He said maybe the City
Attorney could tell us when was the last time we foreclosed on property like
that.
Mayor Pro Tem Turner Pugh said we couldn?t give it to the Land Bank
Authority until we take the property.
City Attorney Fay said we have to own it. Deputy City Manager Arrington
said he is not sure of the mechanism, and if the City has to do the foreclosure
and then it goes to the Land Bank Authority after we come in possession of it.
City Attorney Fay said sometimes the Tax Commissioner would foreclose for
delinquent taxes and then in that case, they could transfer a deed of the
property to the Land Bank Authority, if they are interest by the Authority in
getting the piece of property sold. He said there are various ways that the
Land Bank could come into possession of property.
Mayor Pro Tem Turner Pugh asked if we know how many parcels of property
that are out there that we own, to which Deputy City Manager Arrington said we
do have an inventory of property that we own and we could provide you with a
complete list of that inventory. He said we also have an accounting of all the
property that we have liens on.
Mayor Pro Tem Turner Pugh said that is what she is talking about, the
demolition liens. Deputy City Manager Arrington said he knows that we have over
200 pieces of property that we have demolition liens on. He said the ordinance
itself, gives the Land Bank Authority, the right or the power to foreclose on
property. He said they have that authority to foreclose on property directly.
He said they would have to right to do it with the In Rem Judicial Foreclosure,
if the Council approved a resolution authorizing them to do that.
Mayor Pro Tem Turner Pugh asked, if the property that we have liens on,
they could just take that property and foreclose on it without having to come
to the Council. Deputy City Manager Arrington said based on his reading of the
ordinance, they could; however, the City Attorney may read it differently.
After Mayor Pro Tem Turner Pugh asked the question to City Attorney Fay,
he said if we have a lien on a piece of property then the Land Bank Authority
would have to go through legal action to get title to that property. He said
they would either have to initiate a foreclosure or the City would have to
initiate it and transfer it to the Land Bank. He said someone would have to
initiate a legal proceeding.
Mayor Pro Tem Turner Pugh said to answer her question, can they do it
without having to go through the Council, to which City Attorney Fay said he
thinks so. He said the State law is pretty broad on that.
City Manager Hugley said that would be a part of our review, as we bring
back what we think you will accept and change. He said we will come back with a
proposed new ordinance with what we believe will be acceptable to you or you
think that needs to be changed.
City Attorney Fay said under the current ordinance does have the power to
sue and be sued and to issue deeds in its name and to institute a quiet title
action that would be in Superior Court and other powers necessary to carry out
duties. He said right now they do have broad power to initiate action to get a
clear title.
City Manager Hugley said their efforts would be to revisit that, to make
proposed changes, get those changes back to the Council, get those changes
approved and once we get them approved, re-active the Land Bank Authority and
then you make whatever appointments you want to make.
Councilor Davis said he thinks it is real important to understand the goal
and mission of the Land Bank Authority and said the question is do we want to
function, operate and keep it going, and if so, based on what we are reading
here today, then it is important to get people who are committed, know what
they are doing and are willing to serve. He said it is hard to find those
theses days and said when people volunteer and are willing to become active in
their city government; then we need to take notice of that.
He said he has noticed with respect to a lot of the boards we always ask
that the Clerk o9f Council to contact related associations or groups to make
recommendations. He said he would be concerned about the conflict of interest
here, but said if it is squared up, he thinks it is really important that we
get the right people and get the board going and have it functioning. He said
that is the whole purpose of talking about some of these boards, that we keep
functioning and peop0le are active and if not, then we need to make a decision
as a Council to do away with it, or move forward in a different direction.
Mayor Wetherington then asked if there were any further questions of
Deputy City Manager Arrington, but there were none.
After more than an hour discussion on this matter, the presentation as
concluded.
*** *** ***
MONTHLY FINANCE UPDATE:
Director of Finance Pam Hodge gave the monthly Finance Report:
*** *** ***
ECONOMIC STIMULUS UPDATE:
Deputy City Manager Goodwin gave the following detailed report to the members
of Council, as outlined below.
American Recovery and Reinvestment Act of 2009 (ARRA)
The American Recovery and Reinvestment Act of 2009 is an Act of
Congress enacted by the 11th United States Congress and signed into law by
President Obama on February 17, 2009. The Act is intended to provide a
stimulus to the U.S. economy in the wake of the economic downturn.
American Recovery and Reinvestment Act of 2009 (ARRA)
The Act includes federal tax cuts, expansion of unemployment benefits
and other social welfare provisions, and domestic spending in education, health
care, and infrastructure, including the energy sector.
Public Accountability
There is an ARRA link on the city?s website to show how the economic stimulus
funds are being utilized. We are committed to a transparent government.
Citizens can contact 311 for specific information or questions related to
stimulus funds.
Reporting Requirements
Each agency receiving Stimulus dollars must adhere to the required reporting
requirements deadlines and progress reports
Periodic Audit Reports by the Internal Auditor
Transparency and Disclosure
http://www.columbusga.org/Eco_Stimulus_Briefing.htm
Economic Stimulus Request
City Request Confirmed
$87,133,285 $19,537,363
Not Approved Pending
$30,854,232 $36,741,690
Economic Stimulus Request
Transportation Projects Confirmed:
Warm Springs Rail Line & Trail $1.25M
Intelligent Transportation System $3.2M
I-185 @ Victory Dr. Gateway $2M
14th Street Pedestrian Bridge $3.35M
Veteran?s Pkwy Streetscape Phase II $1.25M
CDBG-R Confirmed Projects:
Neighborhood Revitalization
Cusseta Rd. Pedestrian Upgrade $221,582
Storm Drain Rehab $262,907
Homeless Prevention (HPRP) Confirmed: $740,907
METRA Confirmed Projects:
4 Clean Diesel Low Floor Buses $1.3M
3 Clean Diesel Low Floor Trolleys $1.2M
Enhancements (safety/security) $219,429
EECBG Confirmed Projects: $1.8M
Workforce Investment Act Confirmed:
Youth Program (completed) $923,659
Adult Job Training $384,713
Dislocated Workers $593,838
GA Criminal Justice Coordinating Council Projects (JAG Grant) Confirmed:
Victim Witness Assistance $ 40,000
Edward Byrne Memorial Justice Assistance Grant Confirmed:
Court Related Activities $666,990
Total Economic Stimulus Funds Confirmed
$19,537,363
------------------------------------*** ***
***----------------------------------
CITY MANAGER?S AGENDA:
City Manager Hugley gave a detail presentation on the Enterprise Zone;
Recovery Zone as outlined below.
ENERPRISE ZONE/FEDERAL RECORVERY ZONES:
Efforts to Date
The Planning Department continued its efforts to complete its analysis
The entire county was reviewed using 2000 Census data for poverty as required
by state law
Eligibility was determined using state standards:
A census area must:
Meet at least three of these five criteria to be considered and
The areas must be contiguous
Criteria Defined
Initial Findings
Additional areas could be added, but would almost double the size of the zone
Required data for analysis is somewhat dated
Careful land use analysis indicates that some areas may not be suitable or
desirable
Expansion of the zone would mean additional tax abatements that could impact
the City?s budget for the next ten years
Conclusions/Recommendations
Current census data needs to be updated to give a analysis of the zone
Census will be updated in 2010
Census tracts/block groups could change
Enterprise Zone should be reviewed at that time
Maintain the existing boundaries
Work to establish a better marketing/land use plan for the Enterprise Zone
Continue to monitor zone for activities and opportunities
Recovery Zones Bond
Recovery Zones Applicable Law
Recovery Zone bonds were authorized in HR 1 (the ?American Recovery and
Reinvestment Act of 2009?)
IRS Notice 2009-50 and 2009-26
HB 581 amended the powers of the Georgia State Financing and Investment
Commission (GSFIC) in O.C.G.A 50-17-22 to:
(iv) Apply or arrange to participate in and take all actions the commission
determines appropriate to obtain the benefits of federal programs which provide
tax credits, incentives, or other inducements to the state or to holders of
public debt;
(v) Apply or arrange to participate in federal programs which require the
allocation of funds or bonding authority among geographical areas, governmental
jurisdictions and entities, or other categories, and perform such allocation
unless another officer, agency, or instrumentality is explicitly authorized by
state law to perform such allocation and all officers, agencies, or
instrumentalities are required to provide such assistance, cooperation, and
information as the commission directs related to any federal programs; and,
(vi) Apply or arrange to participate in any other federal program, which
provides benefits consistent with state law and supportive of functions of the
commission.
Build America Bonds
These bonds are subcategorize of the Build America Bonds (stimulus funds)
Two types of bonding programs:
Recovery Zone Economic Development Bonds
Recovery Zone Facility Bonds
Recovery Zone Economic Development Bonds
A sub-category of Build America Bonds (BAB) for public infrastructure and
facilities in areas designated by state and local governments as areas with:
a) significant poverty, unemployment, or home foreclosure rates,
b) federally designated empowerment zones and renewal communities, and
c) areas negatively impacted by military base closures.
Option to issue as tax credit bond or ?direct pay? taxable bond ? BAB benefit
to borrower is a 45% direct subsidy from the US Treasury on interest payments
Proceeds must be used for a ?qualified economic development purpose? defined as
Capital expenditures paid or incurred with respect to property located in a
recovery zone, including
Land
Buildings
Equipment
Expenditures for public infrastructure and construction of public facilities
Recovery Zone Economic Development Bonds
City has been allocated $2,090,000 in bond funds
Proceeds can NOT be used for private activity
No refunding or refinancing?new money only
Issuance costs limited to 2% of proceeds
Davis-Bacon wage and benefit requirements apply
Must be issued by 12/31/10
Recovery Zone Facility Bonds
A new category of tax-exempt private activity bonds for financing economic
development in recovery zones:
a) significant poverty, unemployment, or home foreclosure rates,
b) federally designated empowerment zones and renewal communities, and
c) areas negatively impacted by military base closures
Used to finance new capital improvements owned and used by almost any:
Industrial
Commercial
Retail
Office
Or other business activity located in a ?recovery zone?
Exceptions are rental housing, airplanes, health clubs, liquor stores, race
tracks, luxury boxes, gambling massage parlors etc.
Recovery Zone Facility Bonds
City has been allocated $3,135,000 in bond funds
Issued for private projects
No refunding or refinancing?new money only
Debt service is funded by the private business that owns and uses the property
Interest is tax-exempt (this is the sole subsidy)
No cash subsidy from Treasury
Must be issued by 12/31/10
Designation of Recovery Zone
?Recovery zones? are designated by resolution/ordinance of the city/county
receiving an allocation
Option A ? Early adoption of a resolution/ordinance designating the entire
community (or significant portion) as a Recovery Zone
Option B ?Designate Recovery Zone as projects become known
Designating the zone should generally not be a barrier to use
For Recovery Economic Development Bonds ? ordinary reimbursement resolution
rules apply
For Recovery Zone Facility Bonds - only expenditures incurred after a Recovery
Zone is designated can be reimbursed
Recommended Action
Adopt the proposed resolution to establish the areas eligible for the recovery
zone bonds assistance
Direct staff to prepare an RFP for the purpose soliciting proposals for
Recovery Zone Facility Bonds
AFTER THE ABVE PRESENTATION, THE FOLLOWING RESOLUTION WAS SUBMITTED AND
EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL AFTER MUCH
DISCUSSION: _________________________________________
A Resolution (469-09) ? Authorizing the designation of the Recovery Zone
for Columbus, Georgia. Mayor Pro Tem Turner Pugh moved the adoption of the
resolution. Seconded by Councilor Barnes and carried unanimously by those nine
members of Council present at the time, with Councilor McDaniel being absent
for this vote.
*** *** ***
THE FOLLOWING THREE 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 ALLEN AND SECONDED BY COUNCILOR WOODON, WHICH CARRIED
UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL WITH COUNCILOR MCDANIEL BEING
ABSENT FOR THE VOTE:__________________
A Resolution (470-09) ? Authorizing the approval of the FY2011 Holiday
Schedule designating Monday after Christmas, December 27, 2010, as the floating
holiday to enhance the Christmas Holiday.
A Resolution (471-09) ? Authorizing the submission of an application and
if approved, accept a grant for up to $241,650 from the Diesel Emissions
Reduction National Program via the U.S Environmental Protection Agency
(EPA).
A Resolution (472-09) ? Authorizing the approval to grant an easement for
use, access and landscaping to Eagle & Phenix Mills, LLC on City property
located over and through the right of way of Area "A", 0.827 acres, Part of
Water Lots 18 and 19.
*** *** ***
THE FOLLOWING TEN RESOLUTIONS, HAVING BEEN SUBMITTED WITH THE CITY
MANAGER?S AGENDA WERE SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND
ADOPTED BY THE COUNCIL UPON THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR
HENDERSON AND SECONDED BY MAYOR PRO TEM TURNER PUGH, WHICH CARRIED UNANIMOUSLY
BY THOSE NINE MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH COUNCILOR MCDANIEL
BEING ABSENT FOR THIS VOTE:__________________
A Resolution (473-09) ? Authorizing the approval to purchase automatic
announcement systems from Digital Recorders for the estimated annual contract
value of $42,500.00. Digital Recorders will provide and install the automatic
announcement systems in METRA buses, which will allow the passengers to hear
clear messages informing them of their upcoming stops. This system will be
convenient for customers to use, especially those customers who are visually or
hearing impaired and those who are unfamiliar with the route. The term of
this contract period shall be for two years, with the option to renew for three
(3) additional twelve-month periods. Contract renewal will be contingent upon
the mutual agreement of the City and the Contractor.
A Resolution (474-09) ? Authorizing the approval to reimburse payment to
Keep Columbus Beautiful Commission in the amount of $46,371.11 for the
Household Hazardous Waste Recycling project.
Keep Columbus Beautiful Commission organized and sponsored the Great American
Clean Up ? Household Hazardous Waste Recycling project, held in October,
2009. The City shares the cost of the effort with Keep Columbus Beautiful and
reimburses the Commission a portion of the recycling expense.
A Resolution (475-09) ? Authorizing the execution of Change Order No.1
with Southeastern Site Development, Inc. (Newnan, GA), in the amount of
$14,890.00, for additional storm water repairs at 5035 Biscayne Drive. The City
Manager approved the procurement of emergency services on July 2, 2009, and
Resolution No. 332-09 authorized payment to Southeastern Site Development.
Actual conditions encountered during construction increased the original scope
of work:
A Resolution (476-09) ? Authorizing the negotiations of a contract with
Triad Construction Company, Inc., for construction management services for a
new swimming facility at Double Churches Park. Triad Construction Company,
Inc., will provide preconstruction services and construction services for the
replacement of the existing pool. The City, prior to construction, may or may
not demolish the existing bathhouse. In any case, the new bathhouse will be
relocated at the south end of the new pool facility. The existing concrete
fifty-meter pool shell will remain for modification by the contractor in
accordance with the construction drawings. The drawings specify the existing
pool shell will be modified to accommodate two new swimming elements. One
element will consist of a twenty-five yard swimming pool with a deep well for
diving and the other element will consist of a leisure type pool with one end
maintaining a zero water depth. The leisure pool will contain various water
features such as a water slide,
A Resolution (477-09) ? Authorizing the purchase of one Full Size SUV 4x4
from Rivertown Ford (Columbus, Georgia), in the amount of $23,330.37, which
will be used as a replacement unit by the Engineering Department who will use
it to inspect construction sites.
A Resolution (478-09) ? Authorizing the purchase of one Full Size SUV
2WD from Rivertown Ford, in the amount of $20,884.37. The Full Size SUV 2WD is
a replacement unit. The Marshal?s Office will use the vehicle to transport
supplies for school programs.
A Resolution (479-09) ? Authorizing the purchase of two Fifteen (15)
Passenger Vans from Wade Ford (Smyrna, Georgia), in the amount of $43,248.00.
A Resolution (480-09) ? Authorizing the approval to purchase hazmat
supplies and equipment from SASCO Chemical Group on an ?as needed basis? for
the estimated annual contract value of $147,004.70. These materials are used
by the Hazmat Team to clean up hazardous waste spills. Responsible parties are
identified and billed for approximately 95% of cost of materials used in
hazardous waste cleanup incidents. The contract period shall be for one year,
with the option to renew for four (4) additional twelve- month periods.
Contract renewal is contingent upon the mutual agreement of the contractor and
the City.
A Resolution (481-09) ? Authorizing the approval of a contract for
cellular telephone services with Verizon Wireless. The contract for cellular
telephone service was awarded to Alltel, per Resolution No. 413-07 on September
18, 2007. On July 11, 2009, Alltel services officially transition from Alltel
Wireless to Verizon Wireless. Verizon Wireless has agreed to honor the terms
of the contract. As a Verizon Wireless customer, the City?s plan, monthly
access charge and any eligible discounts will remain the same.
The contract is currently in the third year of the awarded contract, which was
award for two years, with the option to renew for three (3) additional
twelve-month periods. There will be no change to the end date of the contract
term.
A Resolution (482-09) ? Approving the purchase of an EOD Robot from
National Security Associates (Columbus, Georgia), in the amount of $64,500.00.
The EOD (Explosive Ordinance Disposal) Robot is to be used by the Columbus
Office of Homeland Security. It shall have applications for both EOD and SWAT
missions. The equipment will assist the Homeland Security Department in any
response to an improvised explosive device or hostage type situation. The robot
allows officers to remain a safe distance away from the suspect package or
hostage-taker; therefore, reducing the loss of life.
*** *** ***
MEDIACOM CHANNEL CHANGES:
City Manager Hugley pointed out that Mediacom Cable has made some changes
to its channel lineup.
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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:_________________________________________________
Letter from Clerk of Council Washington, Re: Airport Commission.
Memorandum from Clerk of Council Washington, Re: Board of Elections &
Registrations.
Memorandum from Clerk of Council Washington, Re: Convention & Visitors Board
of Commissioners.
Memorandum from Clerk of Council Washington, Re: Recreation Advisory Board.
Memorandum from Clerk of Council Washington, Re: Land Bank Authority.
Biographical Sketch of Dr. Brook Glass, Jr., Councilor McDaniel?s nominee to
replace Dr. Patrice Holt on the Animal Control Advisory Board.
Copy of the Muscogee County School District?s Comprehensive Annual Financial
Report for the fiscal year ended June 30, 2009. (A complete copy of the
116-page document is on file in the Clerk of Council?s Office.)
Letter from Mrs. Jacque Leerssen expressing support of a three-lane cross
section in lieu of the proposed four-lane thoroughfare with medians for Warm
Springs Road between Hilton Avenue and downtown Columbus. (Also included are
previous letters regarding the same matter.)
Mayor?s Committee for Persons with Disabilities Weekly Reports for November 23
through November 30, 2009 and the week of December 7, 2009.
*** *** ***
THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED AND
EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE
COUNCIL:___________________________________________________
Application of Kevin Matthew Probst for a Taxicab Owner?s Business License
to conduct business as Liberty Taxi Service, located at 7126 Jamesson Court,
Columbus, Georgia 31909.
Councilor Allen moved the approval of the application. Seconded by
Councilor Henderson and carried unanimously by those nine members of Council
present at the time, with Councilor McDaniel being absent for the vote.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY APPROVED BY THE
COUNCIL:_______________________________
Airport Commission, October 28, 2009.
Board of Elections & Registrations, November 5, 2009.
Board of Tax Assessors, No. 43-09.
Family & Children Services, December 3, 2009.
Housing Authority, October 21, 2009.
Public Safety Advisory Committee, August 20, 2009.
Councilor Allen moved the approval of the minutes. Seconded by Councilor
Woodson and carried unanimously by those nine members of Council present at the
time, with Councilor McDaniel being absent for the vote.
*** *** ***
THE FOLLOWING NEW ZONING PETITION RECOMMENDED FOR APPROVAL BY THE PLANNING
ADVISORY COMMISSION AND CONDITIONAL APPROVAL BY THE PLANNING DEPARTMENT WAS
SUBMITTED AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY COUNCILOR
HENDERSON:_______________________________________________
Petition submitted by the Planning Department to amend the text of the
Unified Development Ordinance (UDO) to add a new use: Pet Day Care.
(Recommended for approval by both the Planning Advisory Commission and the
Planning Department.) (28-A-09-Planning Dept.)
*** *** ***
BOARD APPOINTMENTS:
ANIMAL CONTROL ADVISORY BOARD:
Clerk of Council Washington pointed out that the term of Dr. Patrice Holt
has expired on the Animal Control Advisory Board and that she cannot succeed
herself and the Council must nominate someone to fill this expired term. She
also pointed out that Dr. John Blozsies is no longer a resident of Muscogee
County and we will need a replacement for this position as well.
There were no nominations.
*** *** ***
BOARD OF TAX ASSESSORS:
Clerk of Council Washington pointed out that the term of Mr. Richard
Stallings on the Board of Tax Assessors will expire on December 31, 2009 and
that he cannot succeed himself and the Council will need to nominate someone to
fill this position. There were no nominations at this time.
CIVIC CENTER ADVISORY BOARD:
Clerk of Council Washington pointed out that the seats of Mr. Kevin
Shirley, District Five Representative and Mr. Patrick Sleem, District Nine
Representative have been declared vacant and that Councilors Baker and Allen
are working on a replacement for each of these seats.
*** *** ***
COMMISSION ON INTERNATIONAL RELATIONS & CULTURAL LIAISON ENCOUNTERS
(CIRCLE):________________
Clerk of Council Washington pointed out that the seat of Ms. Deidre
Williams has been declared vacant and that Council must appoint someone to fill
this unexpired term. There were no nominations made at this time.
*** *** ***
COMMUNITY DEVELOPMENT ADVISORY COUNCIL:
Clerk of Council Washington advised that Mr. Tyrone Rowe no longer resides
in Muscogee County and that Councilor Allen is working on a replacement for
this position.
*** *** ***
COOPERATIVE EXTENSION ADVISORY BOARD:
Clerk of Council Washington pointed out that at the last meeting Ms. Mary Ann
Morris was nominated to succeed herself for another term of office, as well as
Mr. Rafael Rose was nominated to fill the expired term of Rev. Joseph Robertson
and advises that they may now be confirmed. Mayor Pro Tem Turner Pugh made a
motion that they be confirmed. Seconded by Councilor Henderson and carried
unanimously by those nine members of Council present at the time, with
Councilor McDaniel being absent for the vote.
*** *** ***
HOSPITAL AUTHORITY OF COLUMBUS:
Clerk of Council Washington pointed out that the Council needs to nominate
three individuals from which the Hospital Authority will select someone to fill
the unexpired term of the late Mr. Franklyn Lambert. There were no nominations
made at this time.
*** *** ***
HOUSING AUTHORITY OF COLUMBUS:
Clerk of Council Washington pointed out that Mayor Wetherington is working
on a replacement for someone to succeed Ms. Rhunell Bankston.
*** *** ***
KEEP COLUMBUS BEAUTIFUL COMMISSION:
Clerk of Council Washington advised that Councilor Woodson is working on a
replacement for Ms. Susie Hamlet, who is the Council District 7
representative She also advised that a replacement is needed to fill the seat
of Ms. Peggy Myles, Council District 1 representative.
*** ***
***
LAND BANK AUTHORITY:
Clerk of Council Washington advised that at the request of Councilor
Henderson, we are going to delay these nominations and would bring them back at
a later time.
*** *** ***
PERSONNEL REVIEW BOARD:
Clerk of Council Washington pointed out that the term of office of
Ms. Linda Brantley on the Personnel Review Board will expire on December 31,
2009 and that she is eligible to succeed herself for another term of office and
that Councilor McDaniel has renominated her and that she may now be confirmed.
Councilor Allen moved confirmation. Seconded by Councilor Woodson and carried
unanimously by those nine members of Council present at the time, with
Councilor McDaniel being absent for this vote.
*** *** ***
PUBLIC SAFETY ADVISORY COMMISSION:
Clerk of Council Washington advised that Councilor Baker is still working
on a replacement to fill the seat of Ms. Sarah Sillitto, his District 5
representative whose seat was declared vacant.
*** *** ***
UPTOWN FACADE BOARD:
Clerk of Council Washington pointed out that we are still waiting to hear
back from Richard Bishop with Uptown Columbus for a recommendation for someone
to fill the unexpired term of Mr. David Serrato, who has resigned from his seat
as the Uptown Business Assocation?s representative.
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With there being no additional business for the Council to discuss, Mayor
Wetherington then asked if there was anyone who was not listed on the agenda,
but had an issue to bring before the Council, they could be heard at this time.
Mr. Jim Pound then came forward and expressed his concerns with respect to
the proposed 5-lane widening project for Talbotton Road.
Mayor Wetherington then called up Mr. Rick Jones, Chief of the Department of
Planning to come forward and respond to those concerns and comments made by Mr.
Pound.
*** *** ***
EXECUTIVE SESSION:
Regarding an earlier request of City Attorney Fay, Councilor Henderson
made a motion to allow the Council to go into an executive session to discuss a
matter of litigation. Seconded by Mayor Pro Tem Turner Pugh and carried
unanimously by those nine members of Council present at the time, with
Councilor McDaniel being absent for this vote.
At 1:03 p.m. the regular meeting was adjourned to allow the Council to go
into an executive to discuss a litigation matter.
At 1:10 p.m. the meeting was called back to order at which time Mayor
Wetherington pointed out that the Council went into an executive session to
discuss a matter of litigation, but there were no votes taken.
With there being no further business to discuss, Mayor Wetherington said
he would entertain a motion to adjourn. Mayor Pro Tem Turner Pugh so moved.
Seconded by Councilor Woodson and carried unanimously by those nine members of
Council present at the time, with Councilor McDaniel being absent for this vote
and the time being 1:11 p.m.
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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