MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR MEETING
APRIL 14, 2015
The regular weekly meeting of the Council of Columbus, Georgia was called
to order at 9:00 A.M., Tuesday, April 14, 2015, on the 2nd Floor of the
Citizens Service Center, located at 3111 Citizens Way, Columbus, Georgia
Honorable Teresa Tomlinson, Mayor and Evelyn Turner Pugh, Mayor Pro Tem
presiding.
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PRESENT: Present other than Mayor Teresa Tomlinson and Mayor Pro Tem Evelyn
Turner Pugh were Councilors R. Gary Allen, Jerry Barnes, Tom B. Buck III, Berry
H. Henderson, Judy W. Thomas and Evelyn Woodson, City Manager Isaiah Hugley,
City Attorney Clifton Fay and Clerk of Council Tiny B. Washington and Deputy
Clerk of Council Lindsey Glisson were also present. Councilor Glenn Davis took
his seat at 9:05 a.m. Councilor Bruce Huff took his seat at 9:21 a.m.
ABSENT: Councilor Mike Baker was absent. Assistant City Attorney Lucy Sheftall
was also absent.
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INVOCATION: Offered by Reverend T.J. Davis of St. James C.M.E. Church Baptist
Church.
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PLEDGE OF ALLEGIANCE: Led by Mayor Tomlinson.
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MAYOR?S AGENDA:
PRESENTATIONS:
Representative Calvin Smyre, Dean of the Legislative Delegation, as well
as State Representatives Debbie Buckner, Carolyn Hugley and Richard Smith were
present in the Council Chambers this morning, to give an update of the 2015
Legislative Session.
Representative Smyre pointed out that Senators Ed Harbison, and John
McKoon, as well as State Representative John Pezold was not able to be present
with us this morning.
Representatives Smyre, Buckner, Hugley and Smith each came forward and
updated the Mayor and Council on the issues that was presented before the 2015
Georgia General Assembly of Georgia and outlined those which were able to be
adopted during this 2015 session; to include HB 580
Representative Smith spoke to the issue of the exemption for military
retirees, and responded to questions of the Council in this regard.
Representative Smyre said they looked at the request of the Council, in
which you asked us to consider funding an adolescent residential treatment
facility in Muscogee County; and said they discussed it with the budget
writers, and said during the interim, they would ask that the Mayor and members
of the Council to form some type of committee, so that you could work with
members of the delegation; so that we could have some discussion and then look
at it again in the 2016 Session.
Representative Buckner addressed the issue of the request to increase the
911 Fees. She said it seems that there are other communities across the State
that has a similar problem with people changing from the landlines to the cell
phone lines and the need for that funding for their EMS; however, it is
complicated by the fact that in some of the rural areas where there are cities,
their cell phone service is somewhat patchy; therefore, they are still in need
of keeping the landline service fee attached there.
She said what she has done is talked with both ACCG and GMA and asked for
them to put this on their agenda for their meetings that are coming up when
they talk about legislative agendas; to get a consensus from cities and
counties around the State, as to how can we address this in a fair and
equitable way.
Representative Buckner said hopefully that will start in the summer and we
will have something to work with in the Fall. She said it will have to be a
bill that would have to be introduced statewide. She said we can?t just do it
for Columbus, or consolidated governments. She said they felt like this was the
better plan and that way we would have more widespread support, and hopefully,
it be successful.
Mayor Tomlinson said the Governor had a study that was done and a
Commission that he worked with, and said maybe Representative Buckner can check
and see if that can be resurrected. She said she knows that it was lead by
Charlie English, the GEMA Director.
Representative Buckner said one of the bills that came forward from the
Senate to the House was actually, what she would refer to as a pre-exemption
bill. She said both Tybee Island and Athens were interested in talking about
how they could control litter. She said on Tybee Island they were concerned
about plastic bags blowing into the ocean and creating a litter problem for
them on the beaches. She said the Senate Bill was going to prohibit cities from
being able to pass local ordinances to handle that situation and said they were
able to defeat that, because they feel that the local governments are the best
place to make decisions for things that affect their local communities.
State Representative Carolyn Hugley also came forward and pointed out on
the issue pertaining to decriminalizing the law that regulates the use of blue
lights said that they have been in contact with Georgia Sheriff?s Association
and will continue to monitor that. She said there was no action this year in
that regard. She said we share your concerns of making sure that only law
enforcement officials utilize that for the safety of all of our citizens.
She said she thinks that she had the most fun of the legislative session
because, this year, they had a group of 1st graders from Reese Road Leadership
Academy, to come to them and asked them to introduce a bill for them. She said
they wanted to name a State mammal; and said they were successful. She said
they introduced House Bill 70 on their behalf, and said they were successful in
getting their bill through both houses. She said we are now awaiting the
Governor?s signature on that bill. She said they have designated the whitetail
deer as the State mammal.
State Representative Hugley said all 85 of the first grade students came
and testified before members of the General Assembly. She said it was a great
learning experience for them; and said they were so excited and delighted to
see legislation works and how an idea turns into a law.
She said she wants to make sure that everyone in our community knows that
HB 91 passed. She said that bill did away with the State Graduation test. She
said that we had several young people in our community who failed one portion
of the graduation test, and they don?t have high school diplomas.
State Representative Hugley said now they can go back and apply to the
local Board of Education and get that high school diploma; so that they can
improve their economic status within our community. She said we want to make
sure that all of our citizens are aware of that.
Mayor Tomlinson thanked all members of the Legislative Delegation for the
work for the work that
they do for us.
State Representative Smyre, in his conclusion said that the item as it
relates to the Specialty Tier Drugs, they took no action on that at all. He
said as it relates to Elections, they also want to talk with ACCG and GMA about
the Elections Calendar, as we talk about the various calendar for elections for
the Federal and State Elections.
State Representative Smyre said there were also two items that dealt with
the hotel/motel tax; and not that any of the funds will be diverted to other
non-tourism related purposes and said that is something that the delegation
feels very strongly about and is monitoring as well.
He said they also adopted a Transportation Bill; which they feel is a
quality of life issue. He said they were able to generate approximately $900
million to be earmarked for transportation. He said each calendar year, there
will be added to State Transportation Budget. He said they were able to do it,
without affecting any of the other tiers
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GEORGIA PRISON RE-ENTRY INITITIVE:
Executive Director Jay Neal, representing the Governor?s Office of
Transportation Support Re-Entry, came forward and gave a detailed presentation
on the Georgia Prison Re-Entry Initiative. Mr. Neal spoke for forty-five
minutes in outlining this new re-entry initiative program.
After the conclusion of his presentation, Mr. Neal responded to questions
of Mayor Tomlinson and members of the Council.
Ms. Monica Echols and Ms. Melanie Conner was also present with Mr. Neal.
As requested by Councilor Barnes, Ms. Echols also went into some details in
outlining the work of the local office that is located here in Columbus.
Mayor Tomlinson said we will be having a staff report on the ban the box
issue that was initiated by the Governor
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MINUTES: Minutes of the February 24 & March 10, 2015 Council Meetings and March
10, 2015 Executive Session of the Consolidated Government were submitted and
approved upon the adoption of a motion made by Councilor Allen. Seconded by
Councilor Woodson and carried unanimously by those eight members of Council
present for this meeting, with Mayor Pro Tem Turner Pugh being absent for the
vote and Councilor Baker being absent from the meeting.
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CITY ATTORNEY?S AGENDA :
THE FOLLOWING ORDINANCE THAT WAS DELAYED FROM THE MARCH 31, 2015 CONSENT
AGENDA WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE
COUNCIL ON SECOND
READING:_
An Ordinance (15-9) ? Rezoning property located at 8223 Cooper Creek
Road from an NC (Neighborhood Commercial) zoning district to an RO (Residential
Office) zoning district. (District 6-Councilor Allen) (Applicant Stephen
Coleman) The proposed use is a secondary entrance to the Crossings located on
Veterans Parkway.
City Attorney Fay said he believes that Councilor Allen has an amendment
he would like to offer to this ordinance.
Councilor Allen said if the Council recalls we delayed this ordinance for
a few weeks ago. He said the current property owner, who the apartments are
purchasing the property from to access Cooper Creek Road, in order to be able
to access Veterans Parkway has requested that we consider adding a wooden
privacy fence. He said it would be 8 feet in height along the property line, to
help prevent and protect the quality of life that the neighbors enjoy as much
as possible.
Councilor Allen then made a motion to amend the ordinance requiring the
addition of an 8 feet privacy fence to the property. Seconded by Councilor
Woodson.
After some discussion on this amendment, the question was then called on
the motion, which carried unanimously by those eight members of Council present
at the time, with Mayor Pro Tem Turner Pugh being absent for the vote and
Councilor Baker being absent from the meeting.
Councilor Allen moved the adoption of the ordinance as amended. Seconded
by Councilor Woodson and carried unanimously by those eight members of Council
present at the time, with Mayor Pro Tem Turner Pugh being absent for the vote
and Councilor Baker being absent from the meeting.
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THE FOLLOWING TWO ZONING ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON EACH AS ADVERTISED:
An Ordinance ? Rezoning properties located at 4732, 4740 & 4744 Kolb
Avenue from an RMF1 (Residential Multi-Family 1) and a GC (General Commercial)
zoning districts to SFR4 (Single Family Residential 4) zoning district.
(Applicant Habitat for Humanity of Columbus) The proposed uses are Single
Family Detached Dwellings.
PROPONENTS & OPPONENTS:
The representative for the proponents was present, but did not make a
presentation, as there was no one present to oppose this proposed rezoning
ordinance.
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An Ordinance ? Rezoning properties located at 3071 Williams Road from an
RO (Residential Office) zoning district to a PUD (Planned Unit Development)
zoning district. (District 2-Councilor Davis) (Applicant Cheyenne Partners,
LLP) The proposed use is Master Planned Development.
PROPONENTS & OPPONENTS:
The petitioner, Mr. Allen, was present, but he did not make a
presentation, as there was no one present to oppose this proposed rezoning
ordinance.
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THE FOLLOWING ADDITIONAL ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND INTRODUCED ON FIRST READING AFTER SOME
DISCUSSION:_____________________________________________________________________
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An Ordinance ? Regulating vehicular traffic in Columbus, Georgia by
establishing a No Parking Anytime Zone along the western curb of Hansen Avenue
between the northern curb of Porter Street and the southern curb of 40th
Street; and authorizing the installation of official traffic conflicting
ordinances and for other purposes.
Councilor Thomas, said as she read the survey that was done, said the
question was, do you support the following parking restrictions and said the
two individuals that was included, both said no.
Traffic Engineer Director Dorsey said they didn?t have any objections to
this recommendation, but it was for the other section of the street.
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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND ADOPTED BY THE
COUNCIL:__
A Resolution (85-15) - Granting a Hardship Variance request to waive the
minimum street frontage requirement to relieve landlocked lots at 7565 River
Road and two adjacent lots southeast of said 7565 River Road. RE1 (Residential
Estate 1) (District 2-Councilor Davis) (Applicant Ken Henson, Jr.) The
proposed use is Single Family Residential.
Councilor Davis made a motion to amend the resolution. Seconded by
Councilor Allen and carried unanimously by those eight members of Council
present for this meeting, with Mayor Pro Tem Turner Pugh being absent for the
vote and Councilor Baker being absent from the meeting.
Councilor Henderson moved the adoption of the resolution as amended.
Seconded by Councilor Woodson and carried unanimously by those eight members of
Council present for this meeting, with Mayor Pro Tem Turner Pugh being absent
for the vote and Councilor Baker being absent from the meeting.
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AT THE REQUEST OF COUNCILOR BARNES, THE FOLLOWING ADD-ON RESOLUTION WAS
ADOPTED BY THE COUNCIL:____________
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A Resolution (86-15) ? Honoring Ms. Minnie Winbush on her birthday.
Councilor Barnes moved the adoption of the resolution. Seconded by
Councilor Woodson and carried unanimously by those eight members of Council
present for this meeting, with Mayor Pro Tem Turner Pugh being absent for the
vote and Councilor Baker being absent from the meeting.
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PUBLIC AGENDA
THE FOLLOWING INDIVIDUALS APPEARED BEFORE THE COUNCIL ON THE PUBLIC AGENDA
TO DISCUSS THE FOLLOWING SUBJECT MATTERS, AS LISTED BELOW: _ ____
Commander David Jones, representing the DAV Chapter 7, Re: Disabled
Veterans.
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MR. MARVIN BROADWATER, RE: TAX EXEMPTIONS FOR DISABLED VETERANS:
Mr. Marvin Broadwater appeared before Mayor and Council on the Public
Agenda, in reference to the tax exemptions available to disabled veterans.
After Mr. Broadwater?s presentation, Mayor Tomlinson requested that City
Attorney Fay obtain a copy of the information slip that is provided to citizens
with their annual tax bill.
The Board of Tax Assessors? Attorney, Mr. Lomax also spoke on the process
involving a request for a refund on previous years for citizens who may have
qualified for exemptions. During the discussion, Mayor Tomlinson made a request
for a list of methods in which the Tax Assessors Office provides information
such as this to citizens. She also requested that the Tax Assessors Office to
possibly reassess the process in which the information on tax exemptions is
made available to the public.
Mayor Tomlinson said if Mr. Broadwater?s request is to come before Council
for consideration, she would like to have a staff report to come to the
Council. She said she would also like to have the list of tax exemptions that
are available to tax payers to be made available to the City Manager.
Mayor Pro Tem Turner Pugh said once the information is made available to
the City Manager, the information was requested to be sent to the local real
estate community.
After some discussion, referrals were made by Mayor Tomlinson, Mayor Pro
Tem Turner Pugh and Councilors Henderson, Allen and Woodson, as outlined below.
In addition to the referral made by Mayor Pro Tem Turner Pugh, Councilor
Henderson requested that this same information to be sent to the civic service
members in the community.
Councilor Allen said he would like for this information to be provided to
citizens pertaining to the tax exemptions to be revised by the Tax Assessors
Office to be better understood by the citizens.
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CITY MANAGER?S AGENDA :
THE FOLLOWING SIX RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND ADOPTED BY THE
COUNCIL:
A Resolution (87-15) ? Authorizing the execution of a Supplemental
Agreement with the Georgia Department of Transportation (GDOT) for $79,489.00
in additional funding for the Columbus-Phenix City Transportation Study
(C-PCTS).
Councilor Henderson moved the adoption of the resolution. Seconded by
Councilor Barnes and carried unanimously by those nine members of Council
present, with Councilor Baker being absent from the meeting.
A Resolution (88-15) ? Authorizing the City Manager to renew the license
for the continued use and operation of a temporary road to remove silt, beaver
dams and debris along Tiger Creek at Fort Benning, Georgia.
Councilor Allen moved the adoption of the resolution. Seconded by
Councilor Barnes and carried unanimously by those nine members of Council
present, with Councilor Baker being absent from the meeting.
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A Resolution (89-15) ? Authorizing resurfacing of various city streets
identified in the Pavement Management System to be performed by Robinson Paving
Company under contract 14-0018 in the amount of $2,084,976.64.
Councilor Woodson moved the adoption of the resolution. Seconded by
Councilor Barnes and carried unanimously by those nine members of Council
present, with Councilor Baker being absent from the meeting.
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A Resolution (90-15) ? Authorizing the City Manager to execute the
Building and Rooftop Lease Agreement with Verizon Wireless of the East LP, for
the purpose of installing, operating, and maintaining a telecommunications
facility at the City?s River Center Parking Deck located at 919 Broadway.
Councilor Woodson moved the adoption of the resolution. Seconded by
Councilor Allen and carried unanimously by those nine members of Council
present, with Councilor Baker being absent from the meeting.
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A Resolution (91-15) ? Authorizing acceptance of a deed to that portion of
Townes Way located in Section Three, The Townes at Sonoma Pointe on behalf of
Columbus Georgia.
Councilor Henderson moved the adoption of the resolution. Seconded by
Councilor Allen and carried unanimously by those nine members of Council
present, with Councilor Baker being absent from the meeting.
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A Resolution (92-15) ? Authorizing Columbus Parks and Recreation to accept
donations in the form of gift certificates, check, and cash from sponsors and
individuals for the purpose of purchasing Therapeutic and Special Olympics
event supplies, Special Olympics training equipment, and registration fees for
area and state games. Also, to allow Columbus Parks and Recreation to accept
cash and check donations before and during Special Events that occurs in city
facilities. 100% of the money will spent on Special Olympics or Therapeutic
programs that benefit individuals with disabilities.
Councilor Woodson moved the adoption of the resolution. Seconded by Mayor
Pro Tem Turner Pugh and carried unanimously by those nine members of Council
present, with Councilor Baker being absent from the meeting.
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THE FOLLOWING FIVE PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY
CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A
SINGLE MOTION MADE BY COUNCILOR WOODSON AND SECONDED BY COUNCILOR ALLEN AND
CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT, WITH COUNCILOR
BAKER BEING ABSENT FROM THE
MEETING:_______________________________
A Resolution (93-15) ? Authorizing the execution of Change Order number 2
with McMath-Turner Construction Company (Columbus, GA) in the amount of
$67,869.02 for the JR Allen off-ramp widening project.
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A Resolution (94-15) ? Authorizing an annual contract with AAMCO of
Columbus (Columbus, GA), for the purchase, repair, and rebuilding of
alternators and starters, on an ?as needed? basis, for the estimated contract
value of $11,163.48.
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A Resolution (95-15) ? Authorizing the purchase of one (1) mid-size SUV
(2016 Ford Explorer XLT), from Allan Vigil Ford (Morrow, GA), in the amount of
$27,782.00, via Georgia State Contract #99999-SPD-ES40199373-0002.
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A Resolution (96-15) ? Authorizing payment to IBM Corporation (Atlanta,
GA), in the amount of $52,356.60, for the IBM Smartcloud Notes annual license
renewal.
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A Resolution (97-15) ? Authorizing payment to Correctional Healthcare
Companies, Inc., (Greenwood Village, CO), in the amount of $37,643.80, for the
purchase of dental equipment for the Muscogee County Jail.
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THE FOLLOWING UPDATES WERE PROVIDED ON THE CITY MANAGER?S AGENDA:
Director of Finance Pam Hodge came forward with a presentation on the
Alcoholic Beverage Ordinance - Distance Restrictions and Measurement
Guidelines. She highlighted the following information, as outlined below.
PROPOSED ORDINANCE REVISIONS IN SECTION 3-5 OF THE ALCOHOLIC BEVERAGE
CODE:
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Section 3-5(c) Proposed Revision - Distance Restrictions
? In Section 3-5(c) of the Alcoholic Beverage Code, the proposed amendment is
to change the distance restriction from 335 feet to 300 for uniformity of
measurements.
? In Section 3-5(c) of the Alcoholic Beverage Code, the proposed amendment is
to remove the distance restrictions on grocery stores , as defined by State
law, that are located within the prohibited distance of any school building,
school grounds or college campuses. (Based on HB 85)
Section 3-5(d) Proposed Revision - Distance Restrictions Between ?On-Premises?
Establishments
Other than their categories, the proposed amendment is to modify Section 3-5(d)
to allow nightclubs, bar/pubs and adult-oriented establishments to be within
600 feet of another on-premises establishment. (The proposal will not
eliminate the distance restrictions between nightclubs, bar/pubs and
adult-oriented establishments; which means, nightclubs, bar/pubs and
adult-oriented establishments will still be prohibited from being within 600
feet of each other.)
Section 3-5(e) Proposed Revision -Measurement Guidelines for Prohibited
Location
The proposed amendment is to adopt the State?s measuring guidelines for
consistency purposes; which, will now involve -
Measuring in a straight line from the front door of the proposed business to
the front door of the prohibited location; but, in regards to schools,
measurements will be to the nearest property line of any school or property
being used for educational purposes.
(Opposed to measuring from property line to property line)
Currently , the City Code recognizes 11 prohibited/restrictive areas that are
outlined in Sections 3-5(a), 3-5(b), 3-5(c) and 3-5(d).
The City of Columbus, Georgia offers two (2) types of alcoholic beverage
licenses: On-Premises and Off-Premises
ON-PREMISES
Allows the licensee to offer for sale, sell and serve alcoholic beverages for
consumption on the licensed premises of establishments that holds an ?On-
Premises? alcoholic beverage license. (i.e. restaurants, nightclubs, bars
OFF-PREMISES
Allows the licensee to sell and offer for sale at retail in the original
package, alcoholic beverages for use or consumption off of and away from the
licensed premises of the establishment that holds an ?Off-Premises? alcoholic
beverage license. (i.e. liquor store, convenience store, grocery store).
ON-PREMISES CATEGORIES
Currently , the ordinance identifies and defines 16 (sixteen) different
categories in which an establishment can apply for an ?On-Premises ? alcoholic
beverage.
ON-PREMISES ALCOHOLIC BEVERAGE CATEGORIES
? Restaurants
? Hotel/Motel
? Private Club
? Bar/Pub
? Nightclub
? Riverboat
? Multi-Purpose Theater
? Bowling Center
? Adult Oriented Establishment
? Multi-Purpose Facility
? Municipality Golf Course
? Municipal Sports Facility
? Dinner Theater
? Traditional Restaurant
? Small Multi-Purpose Theatre
? Non-Alcohol Retail Establishment
CATEGORIES FOR OFF-PREMISES
? For ?Off-Premises?, the ordinance does not specifically define a category in
which an establishment can apply for an ?Off-Premises? alcoholic beverage
license .
? Examples of ?Off-Premises? includes Grocery Stores, Liquor/Package Stores,
Convenience Stores, etc.
PROHIBITED LOCATIONS UNDER 3-5(a) ON PREMISES
RESTRICTIVE AREAS CITY
STATE
Girl?s Club *Not allowed within 300 feet No
Prohibition
Boy?s Club *Not allowed within 300 feet No
Prohibition
Y.M.C.A. *Not allowed within 300 feet No
Prohibition
Funeral Chapel *Not allowed within 300 feet No Prohibition
City Playground *Not allowed within 300 feet No Prohibition
**Private Residences / Residential Zones *Not allowed within 300 feet
*Distance restrictions does not apply to businesses licensed as a ?Traditional
Restaurant? or to businesses located within 1500 of the Columbus Airport and
licensed as a Restaurant, Hotel, Bowling Center, Traditional Restaurants or
Non-Alcohol Retail Establishment
**Distance restriction does not apply to businesses licensed as a Hotel/Motel,
Restaurant or Non-Alcohol Retail Establishment if restrictive area is not
majority residentially zoned.
PROHIBITED LOCATIONS UNDER 3-5(a) OFF PREMISES
RESTRICTIVE AREAS CITY
STATE
Girl?s Club *Not allowed within 200 feet No
Prohibition
Boy?s Club *Not allowed within 200 feet No
Prohibition
Y.M.C.A. *Not allowed within 200 feet No
Prohibition
Funeral Chapel *Not allowed within 200 feet No Prohibition
City Playground *Not allowed within 200 feet No Prohibition
**Private Residences / Residential Zones *Not allowed within 200 feet
*Distance restrictions shall not apply to a business categorized as an ?Off
Premises ? establishment, if the licensed premises is greater than 100,000
square feet and the majority of the land within 200 feet of the licensed
premises is zoned UPT, NC,GC RO, or LMI
PROHIBITED LOCATIONS UNDER 3-5(b) ON PREMISES
RESTRICTIVE AREAS CITY
STATE
Church Not allowed within 300 feet No
Prohibition
*Distance restrictions does not apply to businesses licensed as a ?Traditional
Restaurant? or to businesses located within 1500 of the Columbus Airport and
licensed as a Restaurant, Hotel, Bowling Center, Traditional Restaurants or
Non-Alcohol Retail Establishment
PROHIBITED LOCATIONS UNDER 3-5(b) OFF PREMISES
RESTRICTIVE AREAS CITY
STATE
Church Not allowed within 300 feet No
Prohibition
*Distance restriction does not apply to businesses licensed as a ?Broker?:
PROHIBITED LOCATIONS UNDER 3-5(c) ON PREMISES
RESTRICTIVE AREAS CITY
STATE
Community Teen Center *Not allowed within No Prohibition
?600 feet for mixed drinks
300 feet for beer and wine
Church Nursery/Daycare *Not allowed within ? No Prohibition
600 feet for mixed drinks
300 feet for beer and wine
*Distance restrictions does not apply to businesses licensed as a ?Traditional
Restaurant? or to businesses located within 1500 of the Columbus Airport and
licensed as a Restaurant, Hotel, Bowling Center, Traditional Restaurants or
Non-Alcohol Retail Establishment
RESTRICTIVE AREAS CITY
STATE
**School/School Playground *Not allowed within ? No Prohibitions
600 feet for mixed
drinks;
except for businesses defined as a
restaurant or hotel/motel the prohibited is
335 feet, 300 feet for beer and wine
*Distance restrictions does not apply to businesses licensed as a ?Traditional
Restaurant? or to businesses located within 1500 of the Columbus Airport and
licensed as a Restaurant, Hotel, Bowling Center, Traditional Restaurants or
Non-Alcohol Retail Establishment
**For purposes under this section, when defining the restrictive term
?school?, the term does not extend to educational levels above the 12th grade;
therefore, a college, university or higher learning educational building shall
not be disqualifying.
The proposed amendment is to change the distance restriction from 335 feet to
300 for uniformity of measurements.
PROHIBITED LOCATIONS UNDER 3-5(c) OFF PREMISES
RESTRICTIVE AREAS CITY
STATE
Community Teen Center Not allowed within ? No Prohibitions
600 feet for liquor
300 feet for beer and wine
Church Nursery/Daycare Not allowed within ? No Prohibitions
600 feet for mixed drinks
300 feet for beer and wine
RESTRICTIVE AREAS CITY
STATE
School/School Playground Not allowed within ? Not allowed within
600 feet for
liquor 600 feet for liquor
300 feet for beer and wine
300 feet for beer and
wine
Contingent upon the passing of HB 85, proposed amendment is to remove the
distance restrictions on grocery stores , as defined by State law, that are
located within 300 feet of any school building, school grounds or college
campuses.
PROHIBITED LOCATIONS UNDER 3-5(d) ON PREMISES ONLY
RESTRICTIVE AREAS CITY
STATE
On-Premises Establishments *Not allowed within No Prohibitions
600 feet
Distance restrictions does not apply to businesses licensed as a Traditional
Restaurant, Restaurant, Hotel-Motel, Private Club, Non-Alcohol Retail
Establishment, businesses located in CRD, MROD or PMUD, or to businesses
located within 1500 of the Columbus Airport and licensed as a Restaurant,
Hotel, Bowling Center, Traditional Restaurants or Non-Alcohol Retail
Establishment
Other than their categories, the proposed amendment is to modify 3-5(d) to
allow nightclubs, bar/pubs and adult-oriented establishments to be within 600
feet of another on-premises establishment (The proposal will not eliminate the
distance restrictions between nightclubs, bar/pubs and adult-oriented; which
means, nightclubs, bar/pubs and adult-oriented will still be prohibited from
being within 600 feet of each other.)
OTHER PROHIBITED LOCATIONS AS RECOGNIZED BY THE STATE:
RESTRICTIVE AREAS CITY
STATE
Alcoholic Treatment Center No Prohibitions Not
allowed
owned and operated by the
within 300 feet
State of Georgia or any county
or municipal government.
Liquor Stores No Prohibitions Not
allowed
Within 1500 feet
of another liquor
store
PROHIBITED LOCATIONS UNDER 3-5(e)
Measuring Guidelines
City Guidelines
? The City of Columbus, Ga., current measuring guidelines involves measuring
from the shortest distance in a straight line from property line to property
line, or from the lease line if proposed business or prohibited location is in
a shopping center or other multi-business structure.
State Guidelines
? The State of Georgia measuring guideline involves measuring by the most
direct route of travel on the ground in a straight line from the front door of
the business structure to the front door of a church, government owned
treatment center or a retail package store, or to the nearest property line of
a school or educational building.
The proposed change is to adopt the State?s measuring guidelines for
consistency purposes.
PROPOSED ORDINANCE REVISIONS IN SECTION 3-5 OF THE ALCOHOLIC BEVERAGE
CODE____________________
___________
Section 3-5(c) Proposed Revision -Distance Restrictions
? In Section 3-5(c) of the Alcoholic Beverage Code, the proposed amendment is
to change the distance restriction from 335 feet to 300 for uniformity of
measurements.
? In Section 3-5(c) of the Alcoholic Beverage Code, the proposed amendment is
to remove the distance restrictions on grocery stores , as defined by State
law, that are located within the prohibited distance of any school building,
school grounds or college campuses. (Based on HB 85)
Section 3-5(d) Proposed Revision -Distance Restrictions Between ?On-Premises?
Establishments
Other than their categories, the proposed amendment is to modify Section 3-5(d)
to allow nightclubs, bar/pubs and adult-oriented establishments to be within
600 feet of another on-premises establishment. (The proposal will not
eliminate the distance restrictions between nightclubs, bar/pubs and
adult-oriented establishments; which means, nightclubs, bar/pubs and
adult-oriented establishments will still be prohibited from being within 600
feet of each other.)
Section 3-5(e) Proposed Revision -Measurement Guidelines for Prohibited
Location
The proposed amendment is to adopt the State?s measuring guidelines for
consistency purposes; which, will now involve -
Measuring in a straight line from the front door of the proposed business to
the front door of the prohibited location; but, in regards to schools,
measurements will be to the nearest property line of any school or property
being used For educational purposes.
(Opposed to measuring from property line to property line)
After the conclusion of the presentation, Director of Finance Hodge and
Ms. Yvonne Ivey responded to questions of the Mayor and Council.
During the discussion regarding the Alcoholic Beverage Ordinance,
referrals were made by City Manager Hugley and Councilors Henderson and Davis,
as outlined below.
Mayor Tomlinson requested that the City Manager to contact the Congress
for New Urbanism to obtain information on other cities who had an economic
downturn with a saturation of adult entertainment establishments in a main
thoroughfare and the other economic development that later came in.
In addition to the previous referral, Councilor Thomas made a request for a
representative to attend a Council Work Session to give a presentation on
restrictive laws versus permissive laws was made.
Councilor Henderson said with the past problems with the unintended use of
the multi-purpose theatres, he would ask that the staff provide information
regarding what can be done legally to prevent the misuse of these facilities.
The topic of religious congregations coming into General Commercial areas
was brought up during this discussion, and Councilor Davis said with the
number of members of a congregation making an impact on the surrounding local
businesses where alcohol may be sold, he asked that information on possibly
changing the ordinance and the specifics of the impact that it makes be
provided to the Council.
***
*** ***
FY-15 SUPPLEMENTAL BUDGET REQUEST:
City Manager Hugley said he has one final update on his agenda, which is
the supplemental budget request of the Clerk of Superior Court.
Director Hodge also provided Council with an update on the Clerk of
Superior Court?s FY15 Supplemental Budget Request and highlighted the following
details, as outlined below.
Director of Finance Pam Hodge then came forward and said this is a
carry-over from a prior Council meeting, which was presented, or the motion
that was made was for $22,776; which was an inconclusive vote of 5 to 2.
Mayor Tomlinson then asked Director of Finance Hodge if she wanted to do a
recap.
Director Hodge, in response to Mayor Tomlinson said, the total
supplemental budget request was a little over a million dollars; $1,364,000.
She said the motion that was made was for specific items, as outlined below.
Postage- $10,000
Copier $ 3,000
Lease $ 3,600
Office Supplies $6,176
_________
Total $22,776
Councilor Henderson said just a way of explaining the matter; he knows
that we have tried to be consistent; and I know we rescheduled a couple of
times when the Tax Commission couldn?t appear, but that was due to a scheduling
issue; but this is an official that has said they are not going to appear and
that keeps us from asking questions.
He said the bulk of her request was for personnel, which I personally think
is inappropriate; a supplemental budget is just a couple of months from
wrapping up, so those are items that can be brought back for the Fy-16 budget.
He said we picked these because there were some questions about a Wi-Fi fee
that the office was paying and we received no explanation and the Clerk wasn?t
here to answer any questions; so, we pulled that out of the office supplies
too; and that is why it has such an odd number.
Councilor Henderson said he thinks that part of our responsibility even if
an official refuses to appear, is to try to make sure that they can function
until the end of the year; and left to our own devices, this is the closest I
can come. He said he thinks that the recommendation of the Finance Director
was to honor anything that we are contractually obligated to, and anything that
appears on the surface to be necessary to wrap up the end of the year. He then
renewed his motion to approve the $22,776 for the FY-2015 supplemental budget
for the Clerk of Superior Court?s office. Seconded by Councilor Allen.
Councilor Davis said he would like for the Finance Department to explain
what we are talking about. He said he understands and thinks that we are
trying to be somewhat benevolent here, but he thinks that what we are talking
about here sets a very dangerous precedent of where you are opening it up for
every office in this government now to come in and ask for these requests that
are being presented to us. He said in light of the overall request and how it
is being put together; there is no documentation or regards to the need that we
are discussing or trying to approve here.
He said he even talked about the point of transparency and he will
continue to talk about the point of transparency and the openness of these
departments. He said we have what is essentially, an Inspector General?s
Department right here in our City Government. He said he talked about it with
our Auditor and our Forensic Auditor and certainly in light of these requests
and what has been presented; he thinks it is very, very appropriate to have
them confirm all requests and needs and that there is an open door; not only
for the public to see the transparency, but for all of us to have a better
understanding of what we are approving.
Councilor Davis said keep in mind that if you approve this, it will open
the door for any department to come back and you look at the line items we are
talking about, he doesn?t see how he could tell another department that we
don?t have the funds to support you in this effort.
He said when you think about it, anybody can make that request and
somewhat justify it. He said he can?t support the request for supplement
funding, in light of the fact that the FY-2016 budget is now being presented,
as well as, we know what we are going to be dealing with from that standpoint.
Director of Finance Hodge, in response to Councilor Thomas?s question to
give the Council the exact items that were included in Councilor Henderson?s
motion and the amount for each one of those; then outlined once again the
following items, as listed below:
Postage- $10,000
Copier $ 3,000
Lease $ 3,600
Office Supplies $6,176
____________
Total $22,776
Mayor Pro Tem Turner Pugh said she understands the Budget Chairman?s
concerns, but said the same thing that we told the Tax Commissioner, and her
request was for postage; which would bring in over
$3 million dollars into the City?s funds. She said we did not act until she
appeared before us; therefore, she doesn?t think it is fair for one to do it
and the other ones not to have to do it also.
Mayor Tomlinson said the only difference is that she refuses to appear.
She then asked should we hold it in abeyance indefinitely.
Mayor Pro Tem Turner Pugh said we didn?t act on the Tax Commissioner?s
request until she appeared before us; and she was sick.
Mayor Tomlinson said she was trying to get here, but her schedule wouldn?t
work; but in this instance, the elected official said she will not appear;
therefore, we would be rocking on. She said in essence it would be a
non-approval.
Mayor Pro Tem Turner Pugh said the thing that bothers her is that we made
rules and regulations as to how the budget would be handled and this went to
all department heads and elected officials; and said if we are going to bend
that rule for one person; then why have the rule? She said she really believes
in treating everybody the same way; if you make rules and regulations for
people to adhere to.
Mayor Tomlinson then stated that this ends the discussion and then asked
the members of the Council to electronically cast their votes. She said the
motion is to amend the Clerk of Superior Court?s budget, for the amount of
$22,776 for the rest for FY-2015.
After the votes were cast, it resulted in another inconclusive vote of 5
to 3. Voting for the motion was Councilors Allen, Henderson and Huff. Voting
against the motion was Councilors Buck, Davis, Thomas, Woodson and Mayor Pro
Tem Turner Pugh.
City Attorney Fay then said normally you would bring that back at the next
regular business meeting since it was an inconclusive vote.
City Manager Hugley said we still have a City Councilor present here. It
was then pointed out that we can call the question on the motion again.
Once Councilor Barnes returned back to his seat at the Council table,
Mayor Tomlinson pointed out that we had a vote on the request of the Clerk of
Superior Court for a supplemental budget, which was in the amount of
$1,364,000; and Councilor Henderson has made a motion to grant a portion of
that in the amount of $22,776, which consists of some items.
Finance Director Hodge again reiterated what those items were, to include
postage in the amount of $10,000, Lease Agreement - $3,600, Copier - $3,000 and
Office Supplies - $6,176.
Mayor Tomlinson then asked the Council to once again cast their votes. The
vote once again resulted in another inconclusive vote of 5 to 4. Voting for the
motion was Councilors Allen, Barnes, Henderson and Huff.
Voting against the motion was Councilors Buck, Davis, Thomas, Woodson and
Mayor Pro Tem Turner Pugh.
Councilor Henderson said in support of what Mayor Pro Tem Turner Pugh?s
position is, he agrees with her completely that the rules are made for
everybody; however, as we all know, when we deal with elected officials, we can
set the rules, but our only control is to deny them any funding; which in his
opinion, we all work for the same people and if we are working in conjunction
with someone who refuses to come and explain certain items, he thinks that part
of our role as a budgetary authority in this community, is to try to identify
items that have to be expended in order to serve the citizens throughout
FY-2015.
After further discussion on this matter, with additional comments being
made by Mayor Tomlinson and members of the Council, with Director of Finance
Hodge responding to those questions and comments, this matter was then
concluded.
*** *** ***
DOUBLE CHURCHES PARK PARKING CONCERNS:
With numerous concerns having been expressed by citizens from the American
Little League, in regards to the parking at Double Churches Park being unsafe
for the children and parents, Councilor Henderson said he would like for
someone to make contact with these individuals.
Mayor Tomlinson said she would suggest that we make contact with Columbus
Police Chief Boren on the strategies being made to improve these issues.
*** *** ***
ST. MARY?S ROAD ROUND-A-BOUT:
Councilor Huff said he would like to have some additional lighting to be
placed at the entrance of Bunker Hill Subdivision.
----------------------------------------------------*** ***
***----------------------------------------------------
CLERK OF COUNCIL?S AGENDA :
CLERK OF COUNCIL WASHINGTON SUBMITTED THE FOLLOWING ITEMS AS INFORMATION
FOR THE MAYOR & COUNCIL: ________ _________________
1. Biographical sketch of Dr. Deepali S. Agarwal, Councilor Barnes? nominee for
the Planning Advisory Commission. Provide
2. Biographical sketch of Mr. Robert Bollinger, Councilor Davis? nominee for
the Planning Advisory Commission.
3. Biographical sketch of Ms. Janet Crane, Mayor Tomlinson?s nominee for the
Commission on International Relations and Cultural Liaison Encounters
(C.I.R.C.L.E.).
4. Biographical sketch of Mr. Larry Derby, Councilor Henderson?s nominee for
the Planning Advisory Commission.
5. Biographical sketch of Mr. Clyde Glenn, Columbus Hockey Association
President for the Civic Center Advisory Board.
6. Biographical sketch of Mr. Norman E. Hardman, Mayor Tomlinson?s nominee for
the Building Authority of Columbus.
7. Biographical sketch of Ms. Leslie Heard Jones, Councilor Davis? nominee for
the Historic & Architectural Review Board.
8. Biographical sketch of Mr. Chris Miller, Mayor Tomlinson?s nominee for the
Civic Center Advisory Board for the seat of the Columbus Hockey Association
Representative.
9. Biographical sketch of Ms. Paige Swift, Councilor Davis? nominee for the
Planning Advisory Commission.
10. Application from Letita Copeland-Bailey to temporarily close Forsyth
Avenue, from Ewart Avenue to Fulton Avenue, on Saturday, May 2, 2015, from 9:00
a.m. to 10:00 p.m., in connection with the Birthday/Life Celebration for
Marvine Bailey.
11. Application from Mitch Watts to temporarily close 3rd Avenue, from 11th
Street south to the end of the St. Luke property, on Saturday, May 2, 2015,
from 8:00 a.m. to 2:00 p.m., in connection with the Touch A Truck Fundraiser.
12. Application from Elizabeth Hurst to temporarily close 10th Street, from
Front Avenue to Bay Avenue, Bay Avenue to 10th Street, and the Dillingham
Street Bridge, from Friday, May 8, 2015 at 8:00 a.m. to Sunday, May 10, 2015 at
12:00 p.m., in connection with the ?Uptown Riverfest?.
*** *** ***
THE FOLLOWING FIVE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF
COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:__________
A Resolution (98-15) ? Excusing Councilor Jerry Barnes? absence at the
March 24, 2015 Council Meeting.
A Resolution (99-15) ? Excusing Councilor Mike Baker?s absence at the
March 31, 2015 Business Meeting/Consent Agenda/Work Session.
A Resolution (100-15) ? Excusing Councilor Bruce Huff?s absence at the
March 31, 2015 Business Meeting/Consent Agenda/Work Session.
A Resolution (101-15) ? Excusing Mayor Pro Tem Evelyn Turner Pugh?s
absence at the March 31, 2015 Business Meeting/Consent Agenda/Work Session.
A Resolution (90-15) ? Excusing Councilor Mike Baker's absence at the
April 14, 2015 Council Meeting.
Councilor Allen moved the adoption of the resolutions. Seconded by
Councilor Woodson and carried unanimously by those nine members of Council
present, with Councilor Baker being absent from this meeting.
***
*** ***
CIVIC CENTER ADVISORY BOARD:
Clerk of Council Washington submitted an email correspondence from the
Civic Center Director, Ross Horner, requesting the seat of Mr. Wesley Veasley
to be declared vacant on the Civic Center Advisory Board.
Councilor Allen moved the adoption of the resolutions. Seconded by
Councilor Woodson and carried unanimously by those nine members of Council
present, with Councilor Baker being absent from this meeting.
***
*** ***
HOSPITAL AUTHORITY OF COLUMBUS:
Clerk of Council Washington submitted an email correspondence from Mr.
George Mize, advising that the Hospital Authority Board has selected Ms. Sarah
Banks-Lang, and Mr. James Webster to succeed themselves for another term of
office and Mr. Jason Connally to succeed Mr. Jim Laycock to serve on the
Hospital Authority of Columbus.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:_______ _
Board of Health, February 25, 2015.
Board of Tax Assessors, 10-15 & 11-15.
Columbus Golf Course Authority, February 24, 2015.
Columbus Ironworks Convention & Trade Center Authority, February 26, 2015.
Hospital Authority of Columbus, February 24, 2015.
Land Bank Authority, March 4, 2015.
Pension Plan, Employees? Board of Trustees, October 1 & November 5, 2014.
Recreation Advisory Board, February 25 & March 25, 2015.
Councilor Allen made a motion that these minutes be received. Seconded by
Councilor Woodson and carried unanimously by those nine members of Council
present, with Councilor Baker being absent from this meeting.
*** *** ***
BOARD APPOINTMENTS:
AIRPORT COMMISSION OF COLUMBUS:
Clerk of Council Washington pointed out that Mr. Don Cook and Ms. Sherry
Goodrum have both resigned from eh Airport Commission and that we are waiting
to receive nominations from the Commission for Council to select someone to
fill these unexpired terms of office.
*** *** ***
ANIMAL CONTROL ADVISORY BOARD:
Clerk of Council Washington said that we are still waiting on a
recommendation from the Veterinary Association for someone to fill the expired
term of Dr. Carol Houston.
***
*** ***
BUILDING AUTHORITY OF COLUMBUS:
Clerk of Council Washington pointed out that the terms of office of Ms.
Shonalee Gamble, Pastor Vincent Allen and Ms. Leila Carr on the Building
Authority of Columbus will be expiring soon and that they are all eligible to
succeed themselves for another term of office
*** *** ***
CIVIC CENTER ADVISORY BOARD:
_________________________
(Abdur Hassan) SD-15
District 4
Seat declared vacant
_________________________
(Roger Granger) SD-29
Columbus Hockey Association Rep.
Eligible to succeed himself
(Mayor?s Apptmt.)
_________________________
(William ?Bill? Logan) SD-29
Columbus Hockey Association Rep.
Eligible to succeed himself
(Council?s Apptmt.)
*** *** ***
COLUMBUS BOARD OF ZONING APPEALS:
Ed Adams, III (Councilor Huff?s nominee)
(Ed Adams, III) SD-15
Eligible to succeed himself
(Council?s Apptmt.)
Terry ?Gene? Fields (Councilor Allen?s nominee)
Ralph King (Councilor Henderson?s nominee)
(Ray Brinegar, III) SD-29
Not eligible to succeed himself
(Council?s Apptmt.)
Ty Harrison (Councilor Allen?s nominee)
Gerald B. Saunders, III (Councilor Henderson?s nominee)
(Tom Moore) SD-15
Not eligible to succeed himself
(Council?s Apptmt.)
COMMISSION ON INTERNATIONAL RELATIONS & CULTURAL LIAISON ENCOUNTERS
(C.I.R.C.L.E):
Janet Crane (Mayor Tomlinson?s nominee)
(Dr. Neal McCrillis) SD-15
Post 7
Not eligible to succeed himself
(Mayor?s Apptmt.)
*** *** ***
COMMUNITY DEVELOPMENT ADVISORY COUNCIL:
_________________________
(Chuck H. McDaniel, III) SD-15
District 5
Not eligible to succeed himself
(Council?s Apptmt.
*** *** ***
EMPLOYEE BENEFITS COMMITTEE:
(Captain Clinton Woods)
Fire & EMS Dept. Representative
Eligible to succeed himself
_____________________________
(Major Freddie Blackmon)
Columbus Police Dept. Representative
Eligible to succeed himself
*** *** ***
HISTORIC & ARCHITECTURAL REVIEW BOARD:
Leslie Heard Jones (Councilor Davis? nominee)
(John Sheftall) SD-15
Historic District Resident
Not eligible to succeed himself
*** *** ***
HOSPITAL AUTHORITY OF COLUMBUS:
Sarah Banks-Lang ______________
(Sarah Banks-Lang) SD-15
Eligible to succeed herself
(Council/Authority Apptmt.)
Jason C. Connally ______________
(Jim Laycock) SD-29
Resigned
(Council/Authority Apptmt.)
James Webster_________________
(James Webster) SD-29
Eligible to succeed himself
(Council/Authority Apptmt.)
*** *** ***
HOUSING AUTHORITY OF COLUMBUS:
____________________________
(Edgar Chancellor) SD-15
Eligible to succeed himself
(Mayor Apptmt.)
*** *** ***
KEEP COLUMBUS BEAUTIFUL COMMISSION:
______________________________
(Chris Henson) SD-29
District 2
Resigned
*** *** ***
PLANNING ADVISORY COMMISSION:
Joseph C. Brannan (Councilor Thomas? nominee)
(Joseph C. Brannan) SD-15
Eligible to succeed himself
(Council?s Apptmt.)
Robert Bollinger (Councilor Davis? nominee)
Larry Derby (Councilor Henderson?s nominee)
(Walter Calhoun) SD-15
Not eligible to succeed himself
(Council?s Apptmt.)
Dr. Deepali S. Agarwal (Councilor Barnes? nominee)
Paige Swift (Councilor Davis? nominee)
(Ralph King) SD-29
Not eligible to succeed himself
(Council?s Apptmt.)
*** *** ***
TAXICAB COMMISSION:
__________________________
(Jodi Sears) SD-29
Seat Vacant
Hotel/Motel Industry
(Council?s Apptmt.)
*** *** ***
EXECUTIVE SESSION:
Mayor Tomlinson entertained a motion to go into executive session to
discuss a litigation and personnel matter. Mayor Pro Tem Turner Pugh made a
motion to go into executive session to discuss a litigation and personnel
matter. Seconded by Councilor Woodson and carried unanimously by those eight
members of Council present at the time, with Councilor Henderson being absent
for the vote and Councilor Baker being absent from the meeting.
At 12:35 p.m., the Council adjourned its meeting to go into executive
session. At 1:02 p.m., the meeting was reconvened.
*** *** ***
With there being no other business to come before the Council, Mayor Pro
Tem Turner Pugh made a motion for adjournment. Seconded by Councilor Barnes and
carried unanimously by those eight members of Council present at the time, with
Councilor Buck being absent for the vote and Councilor Baker being absent from
the meeting, with the time being 1:03 p.m.
Tiny B. Washington, MMC
Clerk of Council
The Council of Columbus, Georgia
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