Columbus, Georgia

Georgia's First Consolidated Government

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

Council Members

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

JUNE 12, 2007



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

to order at 9:02 A.M, Tuesday, June 12, 2007, on the Plaza Level of the

Government Center, Columbus, Georgia. Honorable W. J. Wetherington, Mayor,

presiding.



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PRESENT: Present other than Mayor Wetherington and Mayor Pro Tem Evelyn Turner

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

Glenn Davis, Berry H. Henderson, Julius H. Hunter, Jr. and Charles E. McDaniel,

Jr. City Manager Isaiah Hugley, Assistant City Attorney Jamie DeLoach and

Deputy Clerk of Council Sandra Davis were also present.

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ABSENT: Councilor Evelyn Woodson was absent. City Attorney Clifton Fay was

absent and Clerk of Council Tiny B. Washington was also absent.

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INVOCATION: Led by Rev. Allen Page III ? Holsey Chapel CME Church.

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PLEDGE OF ALLEGIANCE: Led by students from Angel Academy Child Enrichment

Center.



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TAXPAYER BILL OF RIGHTS PUBLIC HEARING: 9:00 a.m. - Public Hearing ? Tax

Millage. The budget tentatively adopted by the Consolidated Government of

Columbus, Georgia, requires a millage rate higher than the rollback millage

rate. Therefore, before the Consolidated Government of Columbus, Georgia, may

finalize the tentative budget and set a final millage rate, Georgia Law

requires that three public hearings be held to allow the public an opportunity

to express their opinions on this increase.



City Manager Hugley advised that this is the last of three public hearings

on the Taxpayer Bill of Rights. He explained that Urban Service Districts One,

Five, Six and Seven has a projected increase of 2.25%. He pointed out that

information that was released on last Tuesday morning from the Tax Assessor

indicated an increase in the digest projected at 4.92%. He then provided the

following breakdown: Urban Service District Two- 2%, Urban Service District

Four- 1%, Business Improvement Districts Five and Six- 2% and Business

Improvement District Seven- 1% and county-wide bonds at 1%. Urban Service

District Two- 2%.



Once no one came forward to speak, he declared that this concludes the

last public hearing.

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MINUTES: Minutes of the March 20, 2007 meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved upon

the adoption of a motion made by Mayor Pro Tem Turner Pugh and seconded by

Councilor Allen, which carried unanimously by those nine members of Council

present for this meeting with Councilor Woodson being absent.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING TWO ORDINANCES ADOPTING THE BUDGETS FOR THE FISCAL YEAR 2008

WAS SUBMITTED AND THEIR CAPTIONS READ BY CITY ATTORNEY FAY AND WERE APPROVED ON

SECOND READING: __________________________________



An ordinance (07-31) - Adopting an Operating Budget for the Fiscal Year

2008 beginning July 1, 2007 and ending June 30, 2008, for certain funds of the

Consolidated Government of Columbus, Georgia, and appropriating the amounts

shown in each budget.



An ordinance (07-32) - Adopting non-operating budgets for the Fiscal Year

2008 beginning July 1, 2007 and ending June 30, 2008, for certain funds of the

Consolidated Government of Columbus, Georgia and appropriating the amounts

shown in each budget.



Mayor Pro Tem Turner Pugh moved adoption of the two budget ordinances.

Seconded by Councilor McDaniel and carried unanimously by those nine members

present for this meeting.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND WAS INTRODUCED ON FIRST

READING:



An ordinance - Providing for the establishment of taxing districts,

including a county-wide general services district and three (3) urban services

districts and three (3) Business Improvement Districts (BID); providing for the

levy, assessment, and collection of taxes for Columbus, Georgia within such

districts for the year 2007 as provided under the Charter of the Consolidated

Government of Columbus, Georgia; providing penalties for violations of the

provisions of said ordinance; and for other purposes.



After no one came forward to speak regarding the ordinance, City Manager

Hugley mentioned that this first reading ordinance just reaffirms Service

Districts for the year 207 for the purpose of establishing rates of taxation in

accordance with the requirements of our Charter of the Columbus Consolidated

Government.



Assistant City Attorney DeLoach declared that the public hearing has been

held and the ordinance would be listed next week on second reading.



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THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY

ASSISTANT CITY ATTORNEY DELOACH AND A PUBLIC HEARING WAS HELD AS ADVERTISED:







An Ordinance - Rezoning property located on part of 3361 North Lumpkin

Road is proposed for rezoning from GC (General Commercial) District to RMF2

(Residential Multi-Family 2) District. (21-A-07-Homecorp)



Councilor Henderson called attention to a similar situation on a property

off of Milgen Road where it was a manufacturing area and the petitioner was

requesting single-family residential and the petition was denied. He then

asked for the staff to explain.



Community and Economic Development Director Rick Jones explained that we

had already rezoned the property in this area with Ordinance Number 07-11;

therefore, this is just another piece to the puzzle to make this project

happen.



PROPONENTS:



Mr. Steve Coleman, representing Homecorp, came forward to provide some

history of when the property was acquired and the reason for the rezoning. He

explained the need for the rezoning by mentioning that the Council approved the

previous rezoning request for apartments; now, we are also attempting to get

the triangular piece of property rezoned for apartments.



Mayor Pro Tem Turner Pugh expressed some concerns with the potential loss

of the natural buffer. Mr. Coleman explained the reconfiguration that had to

be done to allow for the emergency entrance on Betjeman Drive that had been

suggested to them.



OPPONENTS:



No one came forward in opposition to this rezoning request.



Assistant City Attorney DeLoach declared that the public hearing has been

held and the ordinance would be listed on second reading next week.



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THE FOLLOWING ZONING ORDINANCE WAS ALSO SUBMITTED AND ITS CAPTION READ BY

ASSISTANT CITY ATTORNEY DELOACH AND A PUBLIC HEARING WAS HELD AS

ADVERTISED:





An Ordinance - Rezoning property located at 1201 Front Avenue is proposed

for rezoning from LMI (Light Manufacturing/Industrial) District to CRD (Central

Riverfront) District. (23-A-07-W.C. Bradley Company)



PROPONENTS & OPPONENTS:



Assistant City Attorney DeLoach recognized the presence of the petitioner;

however, there was no presentation made since no one came forward in opposition

of the rezoning ordinance.



Assistant City Attorney DeLoach declared that the public hearing has been

held and the ordinance would be listed on second reading next week.



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THE FOLLOWING FOUR ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND WERE INTRODUCED ON FIRST READING:



An Ordinance providing for contributions to the Columbus, Georgia General

Government Employees? Pension Plan for the fiscal year beginning July 1, 2007;

and for other purposes.



An Ordinance providing for the supplemental contributions to the Columbus,

Georgia Pension Plan for employees of the Department of Public Safety for the

fiscal year beginning July 1, 2007; and for other purposes.



An Ordinance providing for Government funding of a Major Disability Income

Plan for the fiscal year beginning July 1, 2007; and for other purposes.



An Ordinance providing for Government funding of a Death Benefit Escrow

for the fiscal year beginning July 1, 2007; and for other purposes.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND WAS INTRODUCED ON FIRST

READING:



An Ordinance amending Article VII of Chapter 13 of the Columbus Code Solid

Waste Collection and Disposal by changing the guidelines for an offset to the

residential rate for low-income households.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND ITS CAPTION READ BY

ASSISTANT CITY ATTORNEY DELOACH AND WAS INTRODUCED ON FIRST READING AND DELETED

BY THE

COUNCIL:





An ordinance changing the time of the Columbus Council meeting on July 3,

2007 from 5:30 PM to 9:00 AM; and for other purposes.



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THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND ITS CAPTION READ BY

ASSISTANT CITY ATTORNEY DELOACH AND WAS ADOPTED BY THE COUNCIL:



A Resolution (252-07) - Authorizing the continuation of a 911 charge of

$1.50 per billable telephone per month and an enhanced wireless 911 charge

(E911) of $1.00 per billable wireless communication subscriber per month.

Councilor Henderson moved approval. Seconded by Councilor Baker.



At the request of Mayor Pro Tem Turner Pugh, City Manager Hugley reported

that from the E911 charge for residential and cellular users, we generate $2.9

million in revenues but the budget is $3.4 million; therefore, we transfer-in

from the General Fund $425,000 to make that $3.4 million budget. He recalled

that we have included on our last legislative agenda a request to increase the

surcharge to allow for that to be a self-supporting fund; no action was taken

in the last General Assembly, so that has been carried over into the 2008

legislative agenda.



Responding to questions of Councilor Allen regarding the overages, City

Manager Hugley pointed out that $312,000 is due to cost allocation. Councilor

Allen then requested there be additional discussion regarding the cost

allocation at one of the scheduled work sessions.



With there be no further discussion, Mayor Wetherington called attention

to the motion for approval, which carried unanimously by those nine members

present for this meeting.

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PUBLIC AGENDA:



MR. PAUL OLSON, RE: 1999 SPLOST REFERENDUM, CITY?S DEBT WRITE-OFF POLICY

AND ILLEGAL

IMMIGRANTS:





Mr. Paul Olson, approached the rostrum to discuss the 1999 SPLOST

Referendum. He called attention to the bond issuance that was also a part of

the referendum. He then used the overhead projector to display the opinion of

the Mr. Thurbert Baker- the Attorney General, dated May 17, 2001, which

pertains to the referendum. Mr. Olson then read from the document in its

entirety. He then made reference to the ?interest follows principle rules?.

He provided for the record a copy of the document from Attorney General

Thurbert Baker.



City Manager Hugley advised that we are aware of the document being

presented by Mr. Olson from Attorney General Thurbert Baker. He spoke of the

communication that has taken place with the attorney general and the

Administration is operating in compliance with the law as it relates to

investing sales tax money and otherwise. He maintained that we have one of the

best lawyers in the State of Georgia, when it comes to bonds and sales tax and

believe that he has guided us in a legal way.



Mr. Olson then called attention to the uncollected landfill tipping fees.

He spoke of the advice provided by Albright, Fortenberry and Ninas, LLC that

the City adopt a write-off policy for debt. He expressed concerns that $1.3

million had been written-off without the implementation of a policy. He

suggested to be provided with information on more debt that would be written

off with the landfill and how much money would be lost each year into the

future.



In conclusion, Mr. Olson made comments in reference to illegal

immigrants. He suggested that landlords should be fined for housing, as well

as, employers for providing jobs to illegal immigrants.



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MR. LORENZA WILDER, RE: RECREATION CENTER IN BELVEDERE PARK AND THE

FIVE-MINUTE RULE FOR PUBLIC AGENDA:





Mr. Lorenza Wilder, did not come forward when given the opportunity to

address the Council.



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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND WAS ADOPTED BY THE COUNCIL DURING THE PRE-COUNCIL BRIEFING:







A Resolution (253-07) - Authorizing a request the execution of the

certificate of the council of Columbus, Georgia, of Insolvent Tax Fi Fa?s for

levies, for 1998 and 1999. Mayor Pro Tem Turner Pugh moved its approval.

Seconded by Councilor Davis and carried unanimously by eight members present

with Councilors Henderson and Woodson being absent from the Pre- Council

meeting. (The vote as recorded during the Pre-Council Briefing)



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND ADOPTED BY THE COUNCIL:





A Resolution (254-07) - Authorizing a temporary access easement from 8th

Street running southerly approximately 1033.17 feet to the detention pond lot

tract 1, to the Housing Authority of Columbus, Georgia (HACG). Councilor

Henderson moved its adoption. Seconded by Councilor Allen and carried

unanimously by those nine members present for this meeting.



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THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND ADOPTED BY THE COUNCIL UPON A SINGLE MOTION MADE BY MAYOR PRO TEM

TURNER PUGH AND SECONDED BY COUNCILOR BARNES, WHICH CARRIED UNANIMOUSLY BY

THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (255-07) - Authorizing the acceptance of a deed to Cassandra

Court, Gilliam Court, that portion of Nature Trail and that portion of

Cedarbrook Drive located in Nature Trail Crossing on behalf of Columbus,

Georgia.



A Resolution (256-07) - Authorizing the acceptance of a deed to Boston Ivy

Drive, Ivy Patch Court, that portion of Ivy Patch Drive, that portion of Ivy

Ridge Drive and that portion of Boston Ivy lane located in Section Seven Phase

Two, Ivy Park on behalf of Columbus, Georgia.



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THE FOLLOWING SIX PURCHASING RESOLUTIONS, HAVING BEEN INCLUDED WITH THE

CITY MANAGER?S AGENDA WERE SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND

ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY

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

UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (257-07) - Authorizing the execution of a contract with

California Skate Parks, Inc., to design and build a skate park.



A Resolution (258-07) - Authorizing the annual contract for the purchase

of masonry products from W.T. Harvey Lumber Company, J. L. Legacy Holdings,

L.L.C., d/b/a J. Legacy Concrete Company and Couch Ready Mix USA, for the

estimated annual contract value of $135,025.00.



A Resolution (259-07) - Authorizing the purchase of four (4) IBM HS21

blade servers and required connectivity equipment from IBM/CPAK (Tempe, AZ) in

the amount of $32,959.28.



A Resolution (260-07) - Authorizing the purchase of sixty (60) USB

exterior antennas from Antenna Plus (Scottsdale, AZ) in the amount of

$13,500.00.



A Resolution (261-07) - Authorizing the purchase of three (3) tarps with

one (1) motorized deployment system from Mercer Motor Works (Norridgewock, ME)

in the amount of $27,400.00.



A Resolution (262-07) - Authorizing the purchase of one (1) 4x4 off-road

utility vehicle from Dal-Kawa Cycle Center (Hendersonville, NC), in the amount

of $12,288.24.



EXECUTIVE SESSION:



City Manager Hugley requested a brief executive session on potential

litigation.



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CLERK OF COUNCIL?S AGENDA:



DEPUTY CLERK OF COUNCIL DAVIS SUBMITTED THE FOLLOWING ITEM AS INFORMATION

FOR THE MAYOR & COUNCIL: ________________________________



(1) Clerk Of Council Washington?s letter to Mr. Mark Oropeza, Airport Director,

requesting three nominees to fill the seat of Mr. Phillip Jack Friou on the

Airport Commission.



(2) Memorandum from Clerk of Council Washington, Re: The Board of Honor?s

approval of the request to install a ?Memorial Bench? in honor of the late Mr.

Bob Vincent.



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THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLANED BY DEPUTY CLERK

OF COUNCIL DAVIS AND ADOPTED BY THE COUNCIL UPON A SINGLE MOTION MADE BY

COUNCILOR HENDERSON AND SECONDED BY MAYOR PRO TEM TURNER PUGH, WHICH CARRIED

UNANIMOUSLY BY THOSE NINE MEMBERS PRESENT:

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A Resolution (263-07) - Excusing Councilor Charles E. McDaniel, Jr. from

the May 29, 2007 Council Meeting.



A Resolution (264-07) - Excusing Councilor Evelyn Woodson from the June

12, 2007 Council Meeting.



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DEPUTY CLERK OF COUNCIL DAVIS SUBMITTED MINUTES OF THE FOLLOWING BOARDS,

WHICH WERE OFFICIALLY RECEIVED BY THE COUNCIL: __________ _



Airport Commission, April 25, 2007.

Board of Elections & Registrations, April 5, 2007.

Board of Health, April 25, 2007.

Board of Tax Assessors, No. 19-07.

Board of Tax Assessors, No. 20-07.

Columbus Convention & Visitors Bureau, April 25, 2007.

Columbus Golf Authority, April 24, 2007.

Housing Authority, February 21, 2007.

Housing Authority, March 21, 2007.

Housing Authority, April 18, 2007.

Tree Board, February 7, 2007.



Councilor Allen made a motion that these minutes be received. Seconded by

Mayor Pro Tem Turner Pugh and carried unanimously by those nine members of

Council present for this meeting.



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THE FOLLOWING ADD-ON RESOLUTION WAS SUBMITTED BY DEPUTY CLERK OF COUNCIL

DAVIS AND APPROVED BY THE COUNCIL:





A Resolution (265-07) - Canceling the July 3, 2007 Council Meeting. Mayor

Pro Tem Turner Pugh moved its adoption. Seconded by Councilor Henderson and

carried unanimously by those nine members present for this meeting.



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BOARD APPOINTMENTS:



COMMISSION ON INTERNATIONAL RELATIONS & CULTURAL LIAISON ENCOUNTERS

(C.I.R.C.L.E):



Deputy Clerk of Council Davis advised that Councilor McDaniel had

nominated Mr. Sudir V. Patel to replace Mr. Bill Walton on C.I.R.C.L.E.

Councilor McDaniel moved confirmation. Seconded by Mayor Pro Tem Turner Pugh

and carried unanimously by those nine members present for this meeting.



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FAMILY & CHILDREN SERVICES BOARD:



Deputy Clerk of Council Davis pointed out Ms. Juanita Booker is not

eligible to serve another term of Office. Mayor Pro Tem Turner Pugh then

nominated Mrs. Evergreen Covington. Deputy Clerk of Council Davis advised that

this matter would be brought back on next week.



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KEEP COLUMBUS BEAUTIFUL COMMISSION:



Deputy Clerk of Council Davis advised that the following seats are

eligible for reappointment and are listed as follows: Ms. Beth Burgin, Ms.

Susie Hamlet, Ms. Cheryl Johnson, Ms. Marie Lewis, Ms. Priscilla Marshall, Ms.

Sandra Mason and Mr. Larry Trammell. Mayor Pro Tem Turner Pugh renominated

each for another term of office. Mayor Pro Tem Turner Pugh also nominated

Christine Dawson to replace Virginia Dickerson. Councilor McDaniel then

nominated the following individuals to replace the incumbents: Patricia L.

Killough to replace Pamela Feagle; Col. Jack Collins to replace Carlton

Gardner; Robert Watkins to replace Barry Jenkins; Dr. Betty Thomas-McBride to

replace Dr. William Kendall; Julie Bray to replace Linda McLemore; James Motos

to replace James Miller; William Consoletti to replace Kenneth Queen;

Sherrylrae Wicker to replace Shelby Rollinson and Doris Estell to replace Eva

Smith.



Deputy Clerk of Council Davis advised that this matter would be brought

back on next week for a vote.



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TAXICAB COMMISSION:



Deputy Clerk of Council Davis advised that all four incumbents are

eligible to serve another term of office and are listed as follows: Mr. David

Cassell, Mr. Robert Cullinan, Mr. Robert Kidd and Mr. James Nash. Councilor

McDaniel then renominated all four incumbents for another term of office.

Councilor Henderson requested to have the Taxicab Commission listed on the

work session agenda for the commission members to provide a report of their

activities and how some of the issues that have come up have been addressed.

Councilor McDaniel then renominated all four incumbents for another term of

office.



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EXECUTIVE SESSION:



At the earlier request of City Manager Hugley, Mayor Pro Tem Turner Pugh

made a motion for the Council to go into executive session to discuss potential

litigation. Seconded by Councilor Henderson.



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BOND ISSUE:



Councilor Davis requested that City Manager Hugley bring back the request

for street projects that the Council had discussed doing a bond issue on for

the work session agenda. He said that it was his understanding that there were

only going to be a few projects, but there was a figure of $174 million for

street project.



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SUPER SENIOR STATE TOURNAMENT:



Councilor Davis thanked Mayor Wetherington for attending last week?s event

at the tennis complex, which was the Super Senior State Tournament. He went on

to thank the Department of Parks & Recreation, as well as the many volunteers

that helped to make it a successful event.



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COLUMBUS STATE UNIVERSITY:



Councilor Henderson requested that staff get in contact with Mr. Herb

Green at Columbus State University, because we had a couple of teams from

Columbus State University that had outstanding years and fell just short of

their ultimate goal. He said that we should recognize those athletes, in

particular the baseball team and women softball team.



He said if we could also recognize Columbus High School for receiving

second place.



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City Manager Hugley responded to the request of Councilor Davis by

pointing out that we did delay the list of transportation projects. He said

that we have a meeting scheduled with our lawyers and with our financial

advisor on June 18, 2007. He said once we meet with them, we would come back

to the Council with that and some options.



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At 9:45 a.m., the Council adjourned its regular session to allow the

Council to go into an executive session.

At 10:52 a.m., the regular meeting was reconvened, at which time, Mayor

Wetherington announced that the Council did meet in executive session to

discuss potential litigation, but there were no votes taken.



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EXPUNGEMENT OF RECORDS:



Mayor Pro Tem Turner Pugh advised that she has received written

documentation from Superior Court Judge Bobby Peters and phone calls from other

judges, who have pointed out that there expungement process in place. She then

filed it with the Deputy Clerk of Council for the record.



Councilor Hunter pointed out that in the information section of the

Council?s agenda, Judge Peters? letter is in there with the forms that are used

in the process. Councilor Allen suggested that this information be shared with

Mr. William Madison, because he was the one that had addressed this issue.



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POST COUNCIL MEETING:



City Manager Hugley reminded everyone that there is a Post Council Meeting

requested by Councilor Anthony immediately following this Council Meeting.

Councilor Anthony then withdrew his request for the Post Council Meeting,

because it was just a matter of information regarding the library board.



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With there being no other business to come before the Council, Councilor

Allen made a motion for adjournment. Seconded by Mayor Pro Tem Turner Pugh and

carried unanimously by those nine members of Council present with Councilor

McDaniel being absent for this vote and Councilor Woodson having arrived at the

meeting at 9:50 a.m., with the time being 10:55 p.m.





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Sandra T. Davis, DCMC

Deputy Clerk of Council

The Council of Columbus, Georgia







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