Columbus, Georgia

Georgia's First Consolidated Government

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

Council Members

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING

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.



*** *** ***



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.

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

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

ABSENT: No one was absent.

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

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



INVOCATION: Led by Reverend Marcus Hunter, of the Greater Beallwood Baptist

Church.



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

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



PLEDGE OF ALLEGIANCE: Led by Ann Peebles, 5th Grade Class from St. Luke

School.

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

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

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.



*** *** ***



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.



*** *** ***



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.



*** *** ***



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.



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

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

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.



*** *** ***



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.



*** *** ***



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.

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

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

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

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

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

NOTE: Councilor McDaniel left at this point in the proceedings with the

time being 11:40 A.M.

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

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



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.

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

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

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.

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

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



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





Attachments


No attachments for this document.

Back to List