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 7, 2010





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

to order at 5:30 P.M., Tuesday, December 7, 2010, in the Council Chambers on

the Plaza Level of the Government Center, Columbus, Georgia. Honorable W. J.

Wetherington, Mayor, presiding.



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

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

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

McDaniel, Jr. City Manager Isaiah Hugley, City Attorney Clifton Fay and Clerk

of Council Tiny B. Washington and Deputy Clerk of Council Sandra Davis were

also present. Councilor Evelyn Woodson took her seat at the Council table at

5:35 p.m.

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ABSENT: No one was absent.

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INVOCATION: Offered by Mr. Benjamin Price of Striffler-Hamby Mortuary.

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PLEDGE OF ALLEGIANCE: Led by students from Columbus High School

Competition Cheerleading Team.

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PROCLAMATIONS:



?COLUMBUS HIGH SCHOOL CHEERLEADING TEAM

RECOGNITION DAY?:_____________________________________________



With Coach Merrimoore McDonald and the Columbus High School

Cheerleading Team standing at the Council table, Councilor Henderson read the

proclamation of Mayor Wetherington, proclaiming Tuesday, December 7, 2010 as

?Columbus High School Cheerleading Team Recognition Day?, in Columbus,

Georgia.

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***-------------------------------------MAYOR?S AGENDA:

WITH SERGEANT SHERRI GALLAGHER STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIREY BY COUNCILOR BARNES

AND ADOPTED BY THE

COUNCIL:________________________________________________





A Resolution (148-10) ? Commending Sergeant Sherri Gallagher, Fort

Benning, Georgia, upon being named the 2010 US Army Soldier of the Year.

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

Henderson and carried unanimously by those ten members of Council present

standing to cast their affirmative votes.



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?DR. RENE? LeFRANC DAY?:



With Dr. Rene? LeFranc, DVM and members of his staff standing at the

Council table, Councilor Baker read the proclamation of Mayor Wetherington,

proclaiming, December 7, 2020 as ?Dr. Rene? LeFranc Day?, in Columbus, Georgia.



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?HOME HEALTH CARE MONTH?:



With there being no one present to receive this proclamation, Councilor

Anthony asked that this be delayed until a later date.



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?MRS. GLORIA BRANFORD STRODE DAY?:



With Mrs. Gloria Branford Strode, Senior Partnership Specialist with the

Bureau of the Census, along with Ms. Eve Smith, Ms. Orenza London and

Ms. Patrice Luttrell standing at the Council table, Councilor Hunter read the

proclamation of Mayor Wetherington, proclaiming December 7, 2010 as Gloria

Branford Strode Day?, in Columbus, Georgia.



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***



COLUMBUS TIMES ?HEAD & SHOULDERS ABOVE THE REST 89TH ANNIVERSARY

DAY?:_____________________________________________



With Mrs. Carol Gertjegerdes, Publisher of the Columbus Times Newspaper

and several other individuals standing at the Council table, Councilor Baker

read the proclamation of Mayor Wetherington, proclamation, December 7, 2010 as

?The Columbus Times Newspaper Head & Shoulders Above The Rest? 89th Anniversary

Day?, in Columbus, Georgia.



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INVITATION TO THE MAYOR & COUNCIL:



Councilor Woodson said that Reverend Phillips had called her and asked her

to extend an invitation to the Council; but since he is present here this

morning, she would like for him to come forward and extend that invitation

today.



Reverend Phillips, President of Columbus Against Drugs said they will be

having their annual Christmas party that will be coming up this Friday evening,

December 10th at 6:00 p.m., at the Public Safety building and said that he

would like to extend an invitation to all the Council members to attend this

event.



?JEREMY SCOTT HOBBS DAY?:



With Mr. Jeremy Scott Hobbs standing at the Council table, Councilor Allen

read the proclamation of Mayor Wetherington proclaiming December 1, 2010, as

?Jeremy Scott Hobbs Day?, in Columbus, Georgia.



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?MARSHALL MIDDLE SCHOOL DAY:



With Mr. Melvin Blackwell, Principal of Marshall Middle School, and

several other individuals standing at the Council table, Councilor Barnes read

the proclamation of Mayor Wetherington, proclaiming November 19, 2010, as

?Marshall Middle School Day?, in Columbus, Georgia.



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MAYOR-ELECT TOMLINSON:



Mayor Wetherington offered his congratulations to Mayor-elect Teresa

Tomlinson, who was seated in the Council Chambers. He said we are very proud of

you and he knows that you are going to do a good job representing the citizens

of this City. He said he would also like to congratulate Mr. Bruce Huff and

Ms. Judy Thomas, who was also seated in the audience, for their successful win.



He said he would also like to thank Councilors Julius Hunter and Wayne

Anthony for the many years of the good work that they have provided to the

citizens of this City.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND INTRODUCED ON FIRST READING AND AMENDED BY THE COUNCIL AT THE REQUEST OF

COUNCLOR ALLEN:_______________________________________________

An Ordinance ? Amending Article II of Chapter 4 of the Columbus Code so

as to provide for duties of the Recreation Advisory Board including regular

reports to the Mayor, Council, City Manager and Clerk of Council; and for other

purposes.



City Attorney Fay said this ordinance was brought before the Council

several weeks ago and said it is on first reading today and ready for any

discussion by the Council.



Councilor Allen said he would like to ask for the Council?s consideration

to amend a portion of the ordinance. He said he doesn?t have a problem with the

ordinance; however, with regards to Section One of the ordinance where it makes

reference to meeting at least quarterly, he would like to offer an amendment to

ask the board to meet monthly for twelve months and then we come back and

revisit this ordinance and maybe look at shifting it to a different timeframe.

He said to get it off the ground, and to get the focus right, let all the

members be appointed, and for them to get accustomed to what they are doing,

working with the new director once they come on board. He said going out and

visiting the sites was one of the suggestions that was mentioned, as well as

getting familiar with the city in its entirety, as far as all the programs that

are a function of this board. He said he would ask for the Council?s

consideration on this amendment and look forward to working with this board.



Councilor Allen?s motion was then seconded by Mayor Pro Tem Turner Pugh,

which carried unanimously by those ten members of Council present for this

meeting.



City Attorney Fay then asked if there were any additional questions or

discussion on this matter, but there were none. He said he would bring this

ordinance back on next week for second reading and a vote of the Council.



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THE FOLLOWING THREE ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND INTRODUCED ON FIRST READING

:_________________________________________________

An Ordinance ? Establishing mandatory restrictions and enforcement of

outdoor water use for landscaping as per the Georgia Water Stewardship Law

Article 1 of Chapter 2 Title 8 of the Official Code of Georgia Annotated; and

for other purposes.



An Ordinance ? Amending the budgets for the Fiscal Year 2010 beginning

July 1, 2009 and ending June 30, 2010, for certain funds of the Consolidated

Government of Columbus, Georgia, by appropriating amounts shown in each fund

for personnel actions, purchase order and other Fiscal Year 2009 carryovers,

and various other activities; and for other purposes.



An Ordinance ? Amending the Unified Development Ordinance (UDO) for

Columbus, Georgia so as to amend certain sections of the Unified Development

Ordinance dealing with signs, billboards and placement of the same; and for

other purposes.



City Attorney Fay asked if there were any questions or concerns regarding

these three ordinances, but there were none. He then pointed out that these

ordinances would be voted on at next week?s Council meeting.





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THE FOLLOWING RESOLUTION, WHICH WAS DELAYED FROM THE NOVEMBER 9, 2010

COUNCIL MEETING WAS AGAIN SUBMTITED AND EXPLAINED BY CITY ATTORNEY FAY AND

AFTER SEVERAL MINUTES OF DISCUSSION WAS DELAYED BY THE COUNCL AT THE REQUEST OF

COUNCILOR DAVIS:________________



A Resolution ? Approving a Special Exception Use to erect a wireless

communications facility for wireless communications service on the property

located at 8200 Stevens Lane, Columbus, Georgia, at the location identified as

?A? on the attached aerial view.





Councilor McDaniel made a motion to adopt the resolution. Seconded by

Mayor Pro Tem Turner Pugh.



Councilor Davis said he appreciates the Council?s consideration, patience

and understanding of this matter. He said initially there were a few people who

thought that there was an effort against the cell tower in this general area;

however, that is not true. He said he thinks everyone understands that there is

a always a need for that service, and certainly with technology the way it is

and people who live in that area would tell you there is dead spots and there

needs to be some service in that area. He said it was always a matter of the

location; it just wasn?t a good location being right in the back of a

cardiologist office.



He said recently we have come across some knowledge that there is going to

be a request from the Council for some luxury housing accommodations in that

area. He said the courts were very kind to us as a Council in granting us

thirty days in which to look into this matter. He said the effort was to try

to find a win, win location that would work for everybody; in which there were

a lot of different entities involved. He said he would like to thank the

Department of Transportation and Mr. Sam Wellborn, who was working with them on

this matter. He said they were trying to see if we could put this cell tower

over at the Welcome Center and evidently from what we learned and were told by

the engineers is that there were some FAA matters and possible conditions there

that would not accommodate a cell tower there; and some investments that have

been made that would have compromised some of the efforts that have already

taken place. He said regardless of that, he thinks that we have given it every

effort to try to find a win, win location for every body.



Councilor Davis said he wanted to thank everybody, the cell tower company

and others for them being open to trying to find some ways that would be

amendable and that would work for everybody. He said we have since been able to

move the tower further back on the site; although it?s going to be a cell tower

right there in the middle of all the efforts that are going on in this area,

but at least it?s a lot better than the initial request. He said he just

wanted to point this out for the record because he knows there were a lot of

concerns around this Council table.



He said he received an email from a representative of St. Francis Hospital

representing their real estate interest and said he believes that he is present

here this morning in the Council Chambers and he would request that the Council

allow him the opportunity to be heard. He said he tried to make some contacts

with some folks, but didn?t quiet make that connection. He said there are some

concerns there and he thinks it needs to be voiced in order to try to make this

work for everybody.



City Attorney Fay said Mr. Barry Vaught, who represents St. Francis

Hospital would like to speak to this matter.



Mr. Barry Vaught said he has been asked by St. Francis Hospital to speak

to the Council regarding this matter, as they own a lot of acre immediately to

the west on the other side of Stevens Lane from where the proposed cell tower

is to be located. He said they have learned very recently that a lot of

insurance companies will not insure a structure that is built within what he

refers to as the tower fall radius; so that if a tower falls, it could

theoretical fall and fall on a building. He said if they make any improvements

on the property, they would not be able to do so, within whatever the radius

the tower may fall into.

He said the request of St. Francis Hospital is not to contest the

construction and the erection of the monopole cell tower, but all they are

asking is that the base of the cell tower be moved far enough to the east of

Stevens Lane so that the 145 foot theoretical fall radius does not come within

their property. He said as far as he can tell Stevens Lane has a 60-foot wide

right-of-way. He said the original plan that was submitted to the Council in

2009 showed that the cell tower company was going to construct the cell tower

within an area of 80 feet by 80 feet. He said what he has seen are aerial

photos that does not identify exactly where that footprint is going to be;

although he understands that they want to have it adjacent to Stevens Lane.



Mr. Vaught said what St. Francis Hospital would request is that the

resolution provide that the base of the cell tower not be any closer to the

Stevens Lane right-of-way margin than 100 feet. Therefore, if you add 100 feet

and 60 feet; thereby in the theoretical situation, where the tower may fall, it

is not going to fall into the St. Francis?s property. He said that is all

that they are asking. He said they are not asking for it to be relocated or

moved. He said either of the new two proposed sites is fine with the hospital,

but they would like to protect the interest of the hospital as far as being

able to construct any improvements that they may want and be able to comply

with other rezoning requirements.



After Mr. Vaught concluded his presentation, members of the Council

expressed their views regarding this matter, after which City Attorney Fay and

Mr. Vaught then responded to questions and concerns of the Council.



In responding to some concerns of Councilor Davis, Mr. Vaught said that he

tried to contact Ms. Stevens with Page, Scranton law firm this afternoon to

really talk about the litigation on this matter. He said he and St. Francis

hospital got into this at the very last minute, and he does apologize for that.

He said he was unable to talk with her about this matter, but said he would

hope that if the footprint of

where the base of the tower is going to be, is going to lie within an 80 feet

square piece of property; that moving it back 40 feet or so would not present a

real problem to anyone. He said we are not asking that it be relocated, but

be moved

back from Stevens Lane a relatively short distance.



City Attorney Fay said Mr. Vaught?s request would require another

condition be added to the resolution that is on the table. He said it would

take an amendment to move it another 50 feet from the present proposed site,

Site ?A?, or a 100 feet; either way, it is going to have to be a condition that

you will need to add by an amendment.



Councilor Davis then asked, how many days are we into the court?s order,

to which City Attorney Fay said about 20 or 25 days.



City Attorney Fay said he would hate to see us go beyond another week.

He said he would be okay if the Council would adopt something on tonight, with

an amendment of 50 feet to the east, if agreeable to the applicant.



Mr. Vaught said they really would be asking for the base to be 100 feet

off of Stevens Lane. He said it would suit them if the amendment to the

resolution would read that ?the amendment would be effective only upon consent

of the applicant?.

He said they don?t want to mess up the court proceedings or delay anything.



Councilor Davis said he would make that motion as stated, to which City

Attorney Fay clarified the motion as, that the Special Exception be granted and

placed at a location 100 feet from the right-of-way of Stevens Lane.



Mr. Vaught said yes, that the base of the monopole not be any closer than

100 feet to the right-of-way of Stevens Lane.



City Attorney Fay said we can word the amendment that it will be 100 feet

from the right-of-way, if agreeable to the owner. Seconded by Councilor Barnes?

seconded Councilor Davis? motion.



In response to some concerns of Mayor Pro Tem Turner Pugh as to whether or

not anyone on the staff knew about this additional request, Mr. Vaught said he

does apologize for this late request, but said St. Francis just realized what

the insurance coverage issues could be. He said they have not contacted anyone

within the City until today because they didn?t know that they were going to

make this request.



Regarding further concerns of Mayor Pro Tem Turner Pugh, City Attorney Fay

said the cell tower company will be leasing from whoever owns this host parcel;

therefore, we need to get the consent of the property owner for this condition

to work. Mayor Pro Tem Turner Pugh said we also need the consent of the lessee

as well.



City Attorney Fay said yes, we also need the consent of the lessee, but we

can word it as granted upon condition that the owner of the host parcel and he

application agrees to the 100 foot distract from the right-of-way.



After continued discussion on this matter, with City Attorney Fay and Mr.

Vaught responding to further questions of the Council, City Attorney Fay

pointed out that if the condition is not agreeable to the owner of the host

parcel, as well as the lessee, then Site ?A? would be the site that is granted

the Special Exception Use.



Councilor Henderson said he thinks it would be prudent for us to find out

exactly what day we are on with respect to the 30 day court order. He said he

thinks that way we will know, because he would hate for us to approve something

when we have other players in this matter. He said if we have the time to wait

and pass it on next week, he would ask that we take that week and then come

back with this matter.



City Manager Hugley said there is another option, which he really doesn?t

like, but could be considered is that if you didn?t want to take a vote

tonight, and if we are able to work it out with all parties within the next day

or two; then, we could do a telephone vote to Council members and approve the

resolution; and if need be, publicly we can ratify next week.



City Attorney Fay asked we just delay this matter until later in the

meeting to allow him an opportunity to check the timeframe as to where we are

with the court order.



See below for additional information on this matter.



THE FOLLOWING RESOLUTION, HAVING BEEN DELAYED FROM THE NOVEMBER 23, 2010

COUNCIL MEETING WAS AGAIN SUBMTITED AND EXPLAINED BY CITY ATTORNEY FAY AND AT

THE REQUEST OF THE BOARD OF TAX ASSESSORS WAS DELAYED INDEFINITELY BY THE

COUNCIL:_________________________________



A Resolution ? Establishing 25 acres as the minimum number of acres for

qualifying for current use valuation and taxation of bona fide conservation use

property and bona fide residential transitional property, pursuant to O.C.G.A.

Section 48-5-7.4(a)(3).



City Attorney Fay pointed out that the Chief Tax Assessor has sent a

memorandum over through the Clerk of Council Washington and is asking that this

matter be table indefinitely. He said the board has relooked at this issue and

has decided that the status quo under the law is sufficient. He said right now

as it stands under the statue anybody can come in with 10 acres or more, up to

2,000 and ask for this conservation use preferential assessment. He said this

will leave it as it stands right now under the Georgia law.



Councilor McDaniel moved the matter be tabled indefinitely. Seconded by

Councilor Woodson.



City Attorney Fay said that this conservation use preferential assessment

is different from a conservation easement. He said he will let the people at

Historic Columbus and other interested parties know that people can still place

their property in a conservation easement no matter what the size of their

property is, but said this is a different issue than what the board is

addressing here.



Mayor Wetherington then called the question on Councilor McDaniel?s

motion, which carried unanimously by those ten members of Council present for

this meeting.



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EXECUTIVE SESSION:



City Attorney Fay said we will need a brief executive session on a real

estate matter, as well as a matter of litigation.

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PUBLIC AGENDA:



MR. WILLIE E. SOLOMON, RE: REQUEST REFUND OF TAXES FOR

2002:______________________________________________________________



Mr. Willie E. Solomon, said this is his second time before the Council

requesting a refund of taxes he paid for 2002. He said he would like to give

you his position as to why he brought this before the Council. He said the

money is just a part of the problem, but said he heard the Council make the

statement about setting a precedent.







He said this is not the only property that he own, he said he owns two

other pieces of property in Muscogee County. He said if you were to tell him to

go back and show you whether or not he paid the taxes in 2002 for one of those

properties, he said he would not be able to do that, because it is passed, what

he would think is the statute of limitation. He said the only thing that he is

concerned about is when will it be that he will not have to worry about him

being questioned about a tax and will have to prove or disapprove whether or

not he paid a tax or not. He said this is something that happened seven and a

half years ago; and now you are saying that if I can prove it, I?m guilty. He

said he wants to know what the statute of limitation is.



Mayor Wetherington then asked if there were any questions of the Council.



Councilor Hunter said if you will recall when we took a vote on last week,

we voted as to whether or not we would require him to pay the interest and the

penalty because this was 2002 and we didn?t have enough votes to determine the

matter one way or the other because Councilor Barnes was absent; therefore, we

decided to hold off on this matter until this week. He said there was an

alternate amendment raised by Councilor Henderson, which would offset a portion

of the interest and penalty so that he would not have to pay all of it. He said

because we didn?t have enough Council members present, we decided to hold off

until this meeting and that is where we are here today.



Councilor Henderson said that he spoke with Tax Commissioner Lula Huff

after the Council meeting last week and said he made the motion that he did

based on the argument that Councilor Hunter made, as it was a very fair

argument that not to have the opportunity to access information that would

allow him to make his case. He said after speaking with the Tax Commissioner

and getting an understanding of how many properties are out there in a similar

situation, he really see the danger in making even a modification of what this

gentleman owns, because if that did set a precedent and we did unintentionally

or intentionally draw a line in the sand; which is what you are asking, what is

the requirements, what is excepted of the taxpayer.



He said he is afraid that the motion, as he made it, that would open the

door for drawing a line for anybody who has delinquent taxes for five, six or

seven years to come back and say I will pay you half of it. He said after

having reviewed the impact on that entire operation and understanding the way

the operation of the Tax Commissioner?s office is right now, it is a physical

impossibility with the staff that they have to try to get these notices out

every couple of years or every year to remind the people that they still own

their taxes. He said he is going to withdraw his motion because he is going to

change his vote and vote against refunding any of those funds.



Councilor Henderson said if anybody else wanted to submit that motion,

they could, but said he doesn?t feel comfortable with doing after having

discussed this matter with the Tax Commissioner.



Councilor Hunter said he would make the motion not to access the penalty

and interest because it?s going back to 2002. He said in making that motion he

is not saying that the penalty and interest were not coming forth from that

time period, but what he is saying is that it is not fair to taxpayers to have

so much time go by and then be required to pay all that interest and

penalty going back that far.

He said over that period of time things change, people tend to loose records

and tend to get older and forget things. He said he just doesn?t think it is

fair to have somebody to go back and account for something that occurred in

2002 and that is the reason for his motion. He said going forward for the

benefits of citizens we will have to find a way to be able to notify citizens

that they owe money.



Councilor Hunter said his motion is to waive the penalty and interest.

Seconded by Councilor McDaniel, which resulted in an inconclusive vote of 7 -

3. Voting for the motion was Councilors Davis, Hunter and McDaniel. Voting

against the motion was Councilors Allen, Anthony, Baker, Barnes, Henderson,

Woodson and Mayor Pro Tem Turner Pugh.

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CITY ATTORNEY?S AGENDA:



Referring back to Item Number Five on the City Attorney?s Agenda, the

resolution for the Special Exception Use for a cell tower on Stevens Lane, City

Attorney Fay said they look at the time frame and said it looks like the stay

will run out on December 18th; therefore, we have one more opportunity at the

Council meeting on next week. He said his office, as well as Mr. Vaught will

both endeavor to find out if the owner of the host parcel, property owner and

the applicant, lessee, will agree to the move of 100 feet to the east of the

right-of-way.



Councilor Woodson then made a motion for a one way delay. Seconded by

Councilor McDaniel and carried unanimously by those ten members of Council

present for this meeting.



City Attorney Fay pointed out that if those parties don?t agree, it will

be back on the table as it stands now.

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CITY MANAGER'S AGENDA:



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND ADOPTED BY THE COUNCIL UPON THE ADOPTION OF A SINGLE MOTION MADE BY

COUNCILOR ALLEN AND SECONDED BY COUNCILOR WOODSON, WHICH CARRIED UNANIMOUSLY BY

THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS MEETING:__________________________



A Resolution (435-10) ? Authorizing the approval to submit an application

and if approved accept up to $1 million in grant funds for Transportation

Enhancement from the Georgia Department of Transportation.



A Resolution (436-10) ? Authorizing the execution of an Easement

Agreement for drainage purposes at 3312 Hilton Avenue, Columbus, GA.



*** *** ***



THE FOLLOWING FOUR PURCHASING RESOLUTIONS WERE

SUBMITTED BY CITY MANAGER HUGLEY AND ADOPTED BY THE

COUNCIL PURSUANT TO THE ADOPTIION OF A SINGLE MOTION

MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDD BY

COUNCILOR WOODSON AND CARRIED UNANIMOUSLY B Y THOSE

TEN MEMBERS OF COUNCL PRESNET FOR THIS MEETING: _______

A Resolution (437-10) ? Authorizing the negotiation of an Agreement for

Construction Services with Brasfield & Gorrie/Humphreys Associates,

implementing the ?Construction Management/General Contractor at Risk? project

delivery method, for the construction of the City Service Center.

The proposed project shall consist of constructing three structures and all

associated site work. Currently, the Parking Deck is anticipated to be a

multi-storied structure accommodating approximately 375 vehicles. The City

Service Center is expected to be a two-story building with 63,000 square feet

of floor space. The Natatorium will be approximately 51,000 square feet in size

and will include a 50-meter pool and a separate, 4-lane, 25-yard pool for

multiuse purposes.



The Agreement will consist of a two-part document. The first part will

establish the Maximum Stipulated Price, Brasfield & Gorrie/Humphreys Associates

fee, and the allowable cost for Brasfield & Gorrie/Humphreys Associates General

Conditions expenses during construction. The Maximum Stipulated Price will be

the total dollars allotted by the City for the Construction Project and will be

non-negotiable. The Fee and the General Conditions allotments will be

negotiated items.



The second part of the Agreement will be an amendment to the document

establishing the Guaranteed Maximum Price. This Amendment will be executed in

accordance with the Agreement?s project manual and after the completion of the

development efforts between the Project Architect, Brasfield & Gorrie/Humphreys

Associates and the City have been completed. Brasfield & Gorrie/Humphreys

Associates will be under contract to supply construction services and to

complete the project within the allotted time and budget.



Once a Guaranteed Maximum Price (GMP) is agreed upon between Brasfield &

Gorrie/Humphreys Associates and the City, Brasfield & Gorrie/Humphreys

Associates is ?at risk? for project price, project schedule, and completion of

all construction as set forth in the Agreement. The City will consider

implementing Liquidated Damages if Brasfield & Gorrie/Humphreys Associates

fails to complete the work as scheduled. Brasfield & Gorrie/Humphreys

Associates will hold all trade contracts and trade supplier contracts.

Brasfield & Gorrie/Humphreys Associates will be required to provide the Owner

with acceptable performance and payment bonds.



The price and financial structure of this Agreement will be the ?cost-plus?

method, with a fixed dollar cap on the total price of the contract (the GMP).

The sole basis for the ?plus? portion of the Agreement will be Brasfield &

Gorrie/Humphreys Associates fee, which is defined as the Brasfield &

Gorrie/Humphreys Associates ?gross profit? as set forth in the project manual.

The sole basis for ?cost? throughout the Agreement will be Actual Cost of Work,

as defined in the project manual. Actual cost will be the only basis for

payments to the Brasfield & Gorrie/Humphreys Associates under the proposed

Agreement.



A Resolution (438-10) ? Authorizing the purchase of IBM Servers and VMware

software from IBM/CPAK (Atlanta, Georgia) in the amount of $35,121.12, for the

Virtual Data Infrastructure project. The purchase will be accomplished via

Georgia Statewide Contract SWC90813-02.



The additional servers and software are needed to continue the expansion

of the City?s planned installation of the Virtual Data Infrastructure approved

by the City Manager and other members of the management advisory staff. Older

personal computers are being replaced, as needed, with Virtual Machine WYSE

devices justifying the necessity for additional servers to manage and operate

these devices.

The City has standardized to IBM equipment and servers. Therefore, the vendor

is considered the only known source for this purchase per the Procurement

Ordinance, 3-114.



A Resolution (439-10) ? Authorizing the purchase and installation of five

(5) Prins propane conversion kits from Force 911 (Pendergrass, Georgia), in the

amount of $29,375.00, for the Sheriff?s Office. Funds have been allocated to

James Madison University from the American Recovery and Reinvestment Act of

2009 to convert vehicles to propane powered, install refueling infrastructure

to support each participating fleet, and collect/ report related data to the

transition and operation of propane fleets throughout the Southeast. The

Sheriff?s Office was awarded a grant, from the James Madison University/

Virginia Clean Cities Coalition for the Department of Energy Propane Corridor

Development Grant Program, to purchase/install propane conversion kits. The

Sheriff?s Office will have the propane conversion kits installed into five new

vehicles recently purchased per Resolution #339-10.



Virginia Clean Cities and James Madison University are project managers for the

Southeast Autogas Development Program. Force 911 is a member of Alliance

AutoGas, a national clean vehicle coalition that is coordinating the vehicle

conversions with Virginia Clean Cities. Therefore, the vendor is considered

the only known source for this purchase per the Procurement Ordinance, 3-114.



A Resolution (440-10) ? Authorizing the purchase of a Fire Safety House

from Mobile Concepts (Mt. Pleasant, PA), in the amount of $42,854.00, for the

Department of Fire/EMS. This purchase will be accomplished via Federal GSA

Schedule 84, Contract #GS-075-0456T.The principle use of a Fire Safety House is

to provide pro-active approaches to fire and life safety education for children

Pre-kindergarten through 5th grade that can acquire the skills to potentially

save his/her life. This 35-foot mobile Fire Safety House classroom is specially

designed to teach children vital techniques through a fun, safe simulation of

common hazards. The Fire Safety House is equipped with a kitchen, bedroom, and

living room, which features various types of danger children should look for.



*** *** ***



ENRICHMENT SERVICES:



Councilor Woodson asked City Manager Hugley if the Enrichment Services

program was run by the City of Columbus, to which he said it was not.

He pointed out it is a private, non-profit community action agency, and is a

501C organization, which receives funding from various State and Federal

agencies.

He said Ms. Belva Dorsey is the Executive Director and she can be contacted

regarding any problems or concerns regarding this program.



Councilor Woodson said she would get together with the City Manager to

determine how to handle a concern she received on this morning regarding the

Enrichment Services program.

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

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



CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:______________________________________________________



(1) Memorandum from Clerk of Council Washington, Re: Board of Health.



(2) Memorandum from Clerk of Council Washington, Re: Board of Tax Assessors.



(3) Notice of Georgia?s State Water Plan upcoming schedule of meetings for

December 2010.



(4) Mayor?s Committee for Persons with Disabilities Monthly Report for November

2010.



*** ***

***

THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE

COUNCIL:________________________________________________

A Resolution (441-10) ? Excusing Mayor Pro Tem Evelyn Turner Pugh from the

November 30, 2010 Council Meeting. Councilor McDaniel moved the adoption of the

resolution. Seconded by Councilor Woodson and carried unanimously by those nine

members of Council present at the time, with Councilor Baker being absent for

this vote.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY

CLERK OF COUNCIL WASHINGTON AND OFFICALLY APPROVED

BY THE COUNCIL:________________________________________________



Board of Tax Assessors, Nos. 40-10 & 41-10.

UDO Revisions to Billboards, September 21, 2010.



Councilor McDaniel 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 Baker being absent for this vote.



*** *** ***



THE FOLLOWING NEW ZONING PETITION, WHICH IS BEING RECOMMENDED FOR APPROVAL

WITH AN AMENDMEMT BY THE PLANNING ADVISORY COMMISSION AND APPROVAL BY THE

PLANNING DIVISION WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE

AND PUBLIC HEAIRNG WAS CALLED FOR BY COUNCILOR MCDANIEL:

________________________

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

Unified Development Ordinance (UDO) to streamline language as it relates to

billboards and multiple message signs. (40-A-10-Planning Department)



*** *** ***



BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY BOARD:



Clerk of Council Washington pointed out that Dr. John Blozsies is no

longer a resident of Muscogee County and that we are waiting to hear back from

the

Veterinary Association for someone to fill this position. She pointed out that

Councilor Woodson has pointed out that she would like to nominate Mr. Rene?

LeFranc for this position; however, Clerk of Council Washington pointed out

that this recommendation must come from the Veterinary Association.



Councilor Woodson said she spoke with Mr. LeFranc earlier in the meeting

and said he would not be eligible because he is not a resident of Muscogee

County.



*** *** ***



BUILDING AUTHORITY:

Clerk of Council Washington point out that we are still working on a

replacement for the seat of Terry Ballard who does not desire reappointment.

*** *** ***

CIVIC CENTER ADVISORY COUNCIL:



Clerk of Council Washington pointed out that Mr. Jim Irvin?s term of

office expired back in March and that it was inadvertently left off of the

agenda, but he does desire to continue to serve on this board. Councilor

Woodson nominated Mr. Irvin to serve another term of office. Councilor

Henderson moved he be confirmed. Seconded by Councilor Allen and carried

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



*** *** ***

COMMUNITY DEVELOPMENT ADVISORY COUNCIL:

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

is working on a replacement for someone to succeed Mr. Arthur Rogers for her

District 4 representative.

*** *** ***

COOPERATIVE EXTENSION ADVISORY COUNCIL:



Clerk of Council Washington pointed out that Mr. Junie Christian is no

longer a resident of Muscogee County and that the Council must nominate someone

else to fill this seat on the Cooperative Extension Advisory Board.



*** *** ***



CRIME PREVENTION BOARD:



Clerk of Council Washington pointed out that Dr. Kim Peters has resigned

her

at-large seat on the Crime Prevention Board. She said the Council will need to

nominate someone else to fill this position.



Councilor Davis nominated Mr. Aldric Hayes to fill this position. He said

he believes the Clerk?s office already has been Mr. Hayes bio in their system.

Clerk of Council Washington said she will bring this back on next week for the

Council?s confirmation.



*** *** ***



HOUSING AUTHORITY:



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

Rhunell Bankston on the Housing Authority expired on November 30, 2010 and that

she is eligible to succeed herself for another term of office. She said this is

the Mayor?s appointment and that he is nominating Ms. Bankston for another term

of office and said that she may now be confirmed.



Councilor Henderson moved confirmation. Seconded by Councilor Allen and

carried unanimously by those ten members of Council present for this meeting.



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Clerk of Council Washington pointed out that the term of Mr. Robert Loving

on the Public Safety Advisory Commission has expired and that he is not

eligible to succeed himself for another term of office. She said he represents

Council District Three and pointed out that we will need a new replacement for

this seat.



She also pointed out that Mr. Archie Rainey?s term of office has also

expired and that he is not eligible to succeed himself and this is Council

District Ten?s representative. Councilor Henderson said he is working on a

replacement.



*** *** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out the following appointments are

need for the Recreation Advisory Board: Mr. Bradford Haines has resigned

his position as the Council District Two representative on the Recreation

Advisory Board, as well as Mr. Terrell Aldridge does not desire to serve any

longer, and he represents Council District Four. She also pointed out that the

seat in which Mr. Cecil Calhoun was originally appointed to, is now vacant, and

he represented

Council District Eight. Mr. James Anthony, who represented Council District Ten

does not desire to serve



She said we have been unable to contact Ms. Tiffany Tootle, therefore, a

new representative for Council District Five is also needed. She said Mr.

Bradley Ogletree, who represents Council District One is eligible to succeed

himself.



Councilor Davis said he thought that he had nominated Mr. Bob Johnson on

last week for the position of Mr. Bradford Haines. Clerk of Council Washington

said she did not recall that, but said we can go ahead and confirmed him

tonight. Councilor Allen so moved. Seconded by Councilor Henderson and carried

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



Councilor Barnes said he would like to nominate Mr. Andre Die for his

Council District One seat. Councilor Allen moved confirmation. Seconded by

Councilor Woodson and carried unanimously by those ten members of Council

present for this meeting.



*** *** ***



UPTOWN FACADE BOARD:



Clerk of Council Washington pointed out that Mr. William Sloan, who

represents the Uptown Columbus on the Uptown Fa?ade Board is eligible to

succeed himself for another term of office; however, we are waiting to hear

back from Uptown Columbus as to whether or not they are going to reappoint Mr.

Sloan or not.



She also pointed out that Mr. Garrett Pound?s term of office has also

expired and that he cannot succeed himself and that he represents the Historic

Columbus Foundation and we are also waiting to hear back from them for a

successor for Mr. Pound.



*** *** ***



CHARTER REVIEW COMMISSION:



Clerk of Council Washington pointed out that she has outlined the

appointments that have not been made on the Charter Review Commission, which is

outlined below.



Council District 2

Council District 3

Council District 7

Council District 10



She also pointed out that the Mayor will need to make his fifteen members

appointment.



The following appointments have been made to the Charter Review Commission:

District 1 - D. L. Moore Councilor Jerry ?Pops? Barnes

District 4 - Gladys Ford Mayor Pro Tem Evelyn Turner Pugh

District 5 - John J. Rodgers Councilor Mike Baker

District 6 - Brad Williams Councilor Gary Allen

District 8 - Bob Hydrick Councilor Charles E. McDaniel, Jr.

District 9 - Alton Russell Councilor Wayne Anthony

*** *** ***

COMMUNITY DEVELOPMENT ADVISORY COUNCIL:

Councilor Woodson said there have been members who have been appointed to

the Community Development Advisory Council; however, they have not been

notified of any meetings or don?t know the status and said we need to have

someone make contact with those individuals.

Clerk of Council Washington said she will check with Mr. Mark McCollum to

see the status of those board members, but did point out that once board

members are appointed and confirmed, she does write a letter to those board

members, as well as send a copy to the department that serves as secretary to

the board. She said she will follow up on this matter.

Clerk of Council Washington further pointed out if there are members whose

terms have expired, those current members who are sitting on the board will

continue to serve until their successors are named.

*** *** ***

EXECUTIVE SESSION:

Regarding an earlier request of City Attorney Fay and City Manager Hugley,

to go into an executive session to discuss a real estate issue, as well as a

matter of litigation, Councilor Henderson made a motion to allow the Council to

go into executive session to discuss these matters. Seconded by Councilor Baker

and carried unanimously by those ten members of Council present for this

meeting.

*** *** ***

Prior to the Council going into executive session, Mayor Wetherington

asked if there was anyone who had an issue to bring before the Council, who was

not listed on the Agenda, but there were none.

*** *** ***

At 7:05 p.m. the meeting was adjourned to allow the Council to go into an

executive session to discuss the matters as outlined above.

At 7:35 p.m. the meeting was called back to order, at which time Mayor

Wetherington pointed out that the Council did meet in executive session to

discuss a real estate and litigation matter, but there were no votes taken.

*** *** ***

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

Allen then made a motion adjourn. Seconded by Mayor Pro Tem Turner Pugh and

carried unanimously by those ten members of Council present, with the time

being 7:36 p.m.



Tiny B. Washington, CMC

Clerk of Council

Council of Columbus, Georgia























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