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.
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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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