MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR SESSION
OCTOBER 21, 2008
The regular weekly meeting of the Council of Columbus, Georgia was called
to order at 9:05 A.M., Tuesday, October 21, 2008, in the Council Chambers on
the Plaza Level of the Government Center, Columbus, Georgia. Honorable W. J.
Wetherington, Mayor, presiding.
*** *** ***
PRESENT: Present other than Mayor Wetherington were Councilors Wayne Anthony,
Mike Baker, Glen Davis, Berry Henderson, Julius H. Hunter, Jr., and Charles E.
McDaniel Jr., and Evelyn Woodson. City Manager Isaiah Hugley, City Attorney
Clifton Fay, Clerk of Council Tiny B. Washington, and Deputy Clerk of Council
Sandra Davis were also present.
--------------------------------------------*** ***
***--------------------------------------------
ABSENT: Mayor Pro-Tem Evelyn Turner Pugh was absent, but was excused upon the
adoption of Resolution Number 492-08.
--------------------------------------------*** ***
***--------------------------------------------
INVOCATION: Offered by Reverend Michael McBride, Trinity Temple.
--------------------------------------------*** ***
***--------------------------------------------
PLEDGE OF ALLEGIANCE: Led by The Department of Early Childhood and Family
Services, with Regina Robinson, Community Partnership Specialist.
--------------------------------------------*** ***
***--------------------------------------------
COLONEL (RET) ROBERT E. NETT:
Mayor Wetherington expressed his sympathy and that of the Council of
Columbus to the family of the Robert B. Nett, who was one of the five Medal of
Honor recipients from Columbus, GA ? who passed away last Sunday. The Mayor and
Council then observed a moment of silence in honor of Col (Ret) Robert E. Nett.
---------------------------------------------*** ***
***-------------------------------------------
PRESENTATION: Legislative Award for Calvin Smyre, State Representative.
Presented by Jerry Griffin, Executive Director of ACCG.
Mr. Griffin came forward at the invitation of Mayor Wetherington and made
some remarks regarding Representative Smyre?s work after which he presented
Representative Smyre with the award.
--------------------------------------------*** ***
***--------------------------------------------
CITY MANAGER?S AGENDA:
City Manager Hugley expressed his appreciation to Mr. Griffin for what ACCG
continues to do for Counties across the State of Georgia. He then requested
that Item 3C from his agenda (purchases) be presented for Council vote.
A Resolution (483-08) ? Approve payment to Association County Commissioners
of Georgia (ACCG) in the amount of $12,717.00 for year 2009 county membership
dues. Membership dues are for the Council of Columbus/Muscogee County, Georgia.
ACCG serves as the consensus building, training, and legislative organization
for all county governments in the state of Georgia.
Councilor Woodson moved the adoption of the resolution. Seconded by
Councilor Henderson and carried unanimously by those nine members of Council
present with Mayor Pro-Tem Turner Pugh being absent from this meeting.
--------------------------------------------*** ***
***------------------------------------------------
NOTE: THE CITY MANAGER?S AGENDA IS CONTINUED BELOW.
--------------------------------------------*** ***
***------------------------------------------------
PROCLAMATIONS:
?NATIONAL FRIENDS OF LIBRARIES WEEK?
With Ms. Alice Budge (Director, National Friends of Libraries) and other
members standing at the Council table, Councilor Henderson read the
proclamation of Mayor Wetherington, proclaiming the week of October 19 thru 25,
2008 as ?National Friends of libraries Week? in Columbus, Georgia.
*** *** ***
?PAINT THE PARK PINK BREAST CANCER AWARENESS WALK DAY?
With Mrs. Eve Tidwell and other members of the Board standing at the
Council table, Councilor Woodson read the proclamation of Mayor Wetherington,
proclaiming Saturday, October 18, 2008 as ?Paint The Park Pink Breast Cancer
Awareness Walk Day? in Columbus, Georgia.
*** *** ***
?RETIRED EDUCATORS DAY?
With Ms. Barbara Kimbro (President, MREA) and other members of the
organization standing at the Council table, Councilor McDaniel read the
proclamation of Mayor Wetherington, proclaiming Sunday, November 2, 2008 as
?Retired Educators Day? in Columbus, Georgia.
--------------------------------------------*** ***
***--------------------------------------------
MAYORS? AGENDA:
WITH THOSE NAMED IN THE RESOLUTIONS STANDING AT THE COUNCIL TABLE, THE
FOLLOWING TWO RESOLUTIONS WERE READ IN THEIR ENTIRETY AND ADOPTED BY THE
COUNCIL:_________________
A Resolution (484-08) ? Commending Army Specialist Vincent Hancock for
winning the men?s skeet shooting gold medal in the 2008 Olympic games held in
Beijing, China. Councilor Davis called on Army Specialist Vincent Hancock to
come forward. Upon reading the resolution, Councilor Davis moved the adoption.
Seconded by Councilor Allen and carried unanimously by those nine members of
Council present with Mayor Pro-Tem Turner Pugh being absent from this meeting.
A Resolution (485-08) ? Commending Army Sergeant Glenn Eller for winning
the men?s double trap competition gold medal in the 2008 Olympic games held in
Beijing, China. Councilor Davis called on Army Sergeant Glenn Eller to come
forward. Upon reading the resolution, Councilor Davis moved the adoption.
Seconded by Councilor Allen and carried unanimously by those nine members of
Council present with Mayor Pro-Tem Turner Pugh being absent from this meeting.
*** *** ***
FORWARD RESOLUTIONS:
Councilor Woodson asked that copies of the resolutions commending these two
individuals (Soldiers) be forwarded to their respective Home of Record Cities
so that their Mayor and Council can also honor them.
Councilor Anthony further asked that copies of the resolutions also be
forwarded to the Commander-in-Chief ? President George Bush.
*** *** ***
DVD:
City Manager Hugley said he too would like to commend and congratulate
these two Soldiers and further asked the Council?s indulgence to play a short
DVD of the two Soldiers accomplishments.
--------------------------------------------*** ***
***--------------------------------------------
MINUTES OF COUNCIL MEETING: Minutes of the September 9, 2008 Council Meetings
of the Council of the Consolidated Government of Columbus, Georgia were
submitted and approved.
Councilor Allen moved the approval of the minutes. Seconded by Councilor
Woodson and carried unanimously by those nine members of Council present, with
Mayor Pro-Tem Tuner Pugh being absent from this meeting.
--------------------------------------------*** ***
***-----------------------------------------
Mayor Wetherington said a couple of weeks ago, NAACP president came before
us and made some comments about how some people that he knew was mistreated. I
have asked Police Chief Boren to look into that and he has and he is here this
morning to give you the circumstances of the stop and what came about as a
result of that stop.
Police Chief Boren said he has looked into this at the request of Mayor
Wetherington. He further stated that this was a traffic stop that took place at
Wright Drive and Buena Vista Road on September 10, 2008. Based on a description
given in an armed robbery of a bank that occurred within that hour and the
description of the car and the three males in that car. Officers along the
scene at Wright Drive & Buena Vista Road ? at a ditch line behind the Post
Office ? in that area had just been recovered an item of evidence taken in the
bank as well as the container used to take currency away from the bank. A
description of the car had been given from the bank itself and the teller that
witnessed the vehicle that left the scene along with three young males that
were in that vehicle armed with a handgun ? at least one handgun.
As they were setting a perimeter in that area, a vehicle left that area
within a half-block away of where the item of evidence had just been located ?
the same type vehicle and the same number of occupants in the car. When the
vehicle was stopped at the corners of Wright Drive and Buena Vista Road all
three males were removed from the car and inside the vehicle was a 9mm handgun
as well as less than one ounce of marijuana. The three individuals still
believed to be a part or the possibility of being part of the robbery - were
brought to the Police Department where they were questioned and after keeping
them there for nearly an hour and listened to their alibi and following up on
the alibis, talking to people they had seen earlier in the day and it was
determined that they were not the three involved in the robbery. The juvenile
was released to his mother at the Police Department; one adult got back in the
vehicle and left on his own accord and the other individual was placed in the
county jail and charged with marijuana. The gun was seized and placed in
property and evidence.
He said he spoke with the Sergeant on the scene, as well as the Lieutenant
and both of them were at the scene as well as the Department; and said they
were all treated professionally and courteously and turned over to their
relative (the juvenile). He said he don?t see anything that has occurred here
out of the realm of the law ? in what the law allows in a case like this. He
said as soon as investigators at the scene as well as the department followed
up the alibis, the individuals were released.
Mayor Wetherington then followed up by saying it is important that when
accusations are made against officers of the Columbus Police Department that we
look into it and then we report back to the citizens of our city ? and they
know then that there is another side to the statement that was made here. He
further pointed out that he and Chief Boren was meeting with Mr. Dubose at 2:00
P.M. today regarding two more complaints.
Councilor Anthony then said he was in a meeting Sunday afternoon when some
members of Columbus Concern Citizens asked about efforts to stop persons from
stealing copper. He said citizens? needs to know what the Chief and the Police
Department are doing to respond to this.
Chief Boren responded by saying early on when we came before the Council
and had some ordinance changes made to where it makes it illegal for a current
scrap metal dealer in this area (especially Muscogee County) to buy cooper or
other metals and materials without proper identification from the seller.
However, we were not as lucky in other counties around us. We do regular
routine checks of scrap metal dealers; we do undercover details where we
attempt to take things to them to see if they will take it without asking for
identification. But nine times out of ten they do ask. He said this is not a
crime that is happening only in Columbus ? it is happening all over the United
States. Georgia Power and AT&T have been hit really badly and we are aware of
those crimes and are working on them aggressively everyday.
After a few more comments from members of Council and Chief Boren, Mayor
Wetherington pointed out that it is very important to hear from the Police
Chief every once in a while about crime in the community. Mayor Wetherington
further pointed out that this is not to embarrass Mr. Dubose, but when I told
him about the gun that was on one of the occupants in the vehicle had in his
pocket, he said he did not know this. This is the perception in the community
that we are out of control and it is not always the way it is reported and that
is why, on every complaint the Police Chief and I try to follow through and if
the officer is wrong, we will tell him that he is wrong and will correct it.
--------------------------------------------*** ***
***--------------------------------------------
CITY ATTORNEY?S AGENDA:
THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY
FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:
________________________________________________
An Ordinance (08-60) ? Rezoning property located at 550 Whittlesey
Boulevard from GC (General Commercial), RO (Residential-Office), and SFR1
(Single Family Residential 1) zoning districts to PUD (Planned Unit
Development) zoning district. Councilor Allen moved the adoption of the
ordinance. Seconded by Councilor Henderson and carried unanimously by those
nine members of Council present with Mayor Pro-Tem Turner Pugh being absent
from this meeting.
An Ordinance (08-61) ? Rezoning property located at 8150 Fortson Road from
RE1 (Residential Estate 1) to GC (General Commercial) district. Councilor
Henderson moved the adoption of the ordinance. Seconded by Councilor Allen and
carried unanimously by those nine members of Council present with Mayor Pro-Tem
Turner Pugh being absent from this meeting.
-------------------------------------------*** ***
***---------------------------------------------
ZONING PUBLIC HEARINGS:
THE FOLLOWING ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND A PUBLIC HEARING WAS HELD ON EACH AS
ADVERTISED:______________________________________________________
An Ordinance ? Rezoning property located at 1212 Chaplin Drive from SFR2
(Single Family Residential 2) zoning district to SFR 3 (Single Family
Residential 3) zoning district. (35-A-08-Ray Wright) The proposed use is single
family residential.
PROPONENTS & OPPONENTS:
Councilor Davis said the he has been doing some research and in looking
into the matter he found out that the UDO states that if there is more the 99
households/residence in a subdivision, two entrances and two exits will be
required by law. In this case, if the opposite end (Chaplin) opens as we were
talking about to provide another entrance and exit and that road include 25
guest homes ? this will automatically (by UDO) require two entrances/exits; so
in talking with Ms. Daniels, everyone agrees that this will not be a good idea
because it would open up the flow from the 99 homes over to Chaplin and it
would probably turn into more of a short-cut type situation. This is a very
unique piece of property and I truly believe that in allowing Mr. Wright to
have the ability to develop on smaller lots gives him the advantage when it
comes to saving green space.
Councilor Henderson said he has spoken with Councilor Davis and the
developers and went out there to Chaplin and take a look at it and it is sort
of a unique request because it is the hole in a doughnut in trying to figure
out the best way to get folks in and out of the area. In my mind the up shot
was there is going to be traffic coming through Chaplin period even if we turn
this down, under SFR2 the developer is still going to put some homes out there.
I haven?t spoken with the individual who brought these concerns but I just want
to throw out there as an idea about the developer paying to put speed tables as
dictated by our engineering folks on both sides of Chaplin (a minimum of two)
because when I went out there it is very apparent and we want to make sure we
encourage safe access for the children and other folks who live out there in
the park in the center. In trying to figure out how to do that, the developer
has agreed to fund the placement of speed tables if the neighbors out there
feel like this is going to help address some of the concerns ? similarly to how
it was done in the Lake Bottom park area. It also goes towards an attempt to
protect the integrity of that neighborhood (Chaplin) and I would suggest we put
it that out there right now and if it wasn?t, then we will put in the form as
an amendment to the ordinance.
Mr. Jack Wright (Petitioner) said this is agreeable to him.
Ms. Barbara Daniels (1225 Chaplin Drive) came forward and said she
appreciates the work that everyone has done in researching the area. I
understand from Mr. Davis that it would be just impossible for the City to
build the back entrance and not have cars come through Chaplin Drive. I
understand that there are going to be homes built there but I still object to
the downgrading of the property from R-2 to R-3 mainly because of the number of
cars that will come through. Those of you who have been out there and looked at
the area that will be developed knows that there is a big gulley running
through one side of that. There is a stream that leads to that gulley. It will
be difficult for him to put that many homes out there. I have spoken to some of
the other neighbors and they are concerned about what?s? going to happen at the
other end of the stream if he covers his end.
City Manager Hugley said there has been some talk about installing traffic
tables and when Ms. Daniels is finished he will call on our Traffic Engineer
Mr. Rom Hamlett to provide his observations as it relates to said traffic
tables.
Councilor Henderson asked Ms. Daniels with regards to the speed tables, if
that is something that the neighborhood will feel comfortable having - to which
Ms. Daniels responded that she don?t believe there will be any objection to
speed bumps.
Mr. Ron Hamlett (Traffic Engineer) provided information regarding speed
tables and other road safety measures to curb and/or prevent speeding in this
subdivision. He then referred to a map (shown on the overhead projector) for
conducting traffic survey after which he will come back to Council with
recommendations.
Councilor Henderson then made a motion that an amendment is added with the
wording stating that ?it is subject to approval of the neighborhood to a survey
and including the specifications set forth from the Engineering Department.
Seconded by Councilor Woodson (and included speed tables to be installed by the
builder) and carried unanimously by those seven members of Council present with
Councilors Anthony and McDaniel being absent for this vote and Mayor Pro-Tem
Turner Pugh being absent from this meeting.
There were some additional discussion regarding this proposed ordinance by
several members of Council, Mr. Rick Jones (Engineer Dept.), and Mr. Jack
Wright (petitioner) after which Councilor Davis made a motion to amend the
ordinance to no more than 29 lots. Councilor Allen pointed out that of the 29
lots, one is a detention pond and further asked Councilor Davis to amend his
motion to 28 lots. The amended motion by Councilor Davis it that no more than
28 build-able lots should be permitted or located on the property subject to
rezoning. Seconded by Councilor Allen and carried unanimously by those seven
members of Council present with Councilors Anthony and McDaniel being absent
for this vote and Mayor Pro-Tem Turner Pugh being absent from this meeting.
City Attorney Fay informed Council that this would be back for a vote next
week on second reading.
*** *** ***
An Ordinance ? Adopting a 2008 Comprehensive Plan, including a future
policy and future land use map for the City of Columbus; establishing
procedures, policies, and findings for such plan.
PROPONENTS & OPPONENTS:
There was no one present to oppose this proposed ordinance and City
Attorney Fay informed Council that this would be back for a vote next week on
second reading.
--------------------------------------------*** ***
***--------------------------------------------
CITY ATTORNEY AGENDA CONTINUE:
THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND WITHDRAWN BY THE COUNCIL:________
A Resolution ? Approving a special exception use to erect a wireless
communications facility for wireless communications service on property located
at 425 Old Buena Vista Road.
City Manager Hugley explained to the Mayor and Council that this resolution
was inadvertently put back on the agenda. He said we met with Ms. Tomlinson
(Midtown. Inc.), representatives from the cell tower, and a few Council members
and they (petitioner) are going to look at some other sites. We are asking that
it be taken off the agenda and we will not put it back on until and unless they
come back and ask that we put it on.
Councilor Henderson then made a motion to remove this item from the agenda.
Seconded by Councilor Barnes and carried unanimously by those eight members of
Council present for this meeting with Councilor McDaniel being absent for this
vote and Mayor Pro Tem Turner Pugh being absent from this meting.
*** *** ***
THE FOLLOWING RESOLUTIONS WERE ALSO SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND ADOPTED BY COUNCIL:____
A Resolution (486-08) ? Authorizing a variance request to waive the
minimum street frontage requirement in order to construct a residential
subdivision at property East of Creekrise Subdivision.
City Attorney Fay pointed out that there is two more wavers added into this
resolution.
Mr. Will Johnson of the Planning Department pointed out that the petitioner
came in back in September to talk about extending the new section of Creekrise
Subdivision into estate logs five acres or larger. At that time they requested
that they have private street (gated), street widths be reduced from 24 feet to
18 feet, and a final plat be done before completion of improvements all of
which requires approval from Council. We worked through all that information
and it is now where we wanted it. The issues dealing with the private street,
making public streets, reducing the width from 24 to 18 feet, and completion of
improvements were left out of the resolution. And we would like to amend that
resolution to reflect these changes.
Councilor Henderson moved the approval of the amendment. Seconded by
Councilor Anthony and carried unanimously by those eight members of Council
present with Councilor Allen being absent for this vote and Mayor Pro Tem
Turner Pugh being absent from this meeting.
City Attorney Fay pointed out that this variance as amended is passed and
the Clerk of Council?s Office will be provided a new copy.
*** *** ***
EXECUTIVE SESSION:
City Attorney Fay requested a short executive session to discuss litigation
and acquisition of real estate after the adjournment of today?s meeting.
-------------------------------------------*** ***
***--------------------------------------------
PUBLIC AGENDA:
THE FOLLOWING PERSON (S) APPEARED ON THE PUBLIC AGENDA AND PROVIDED IS A
SUMMARY OF THEIR COMMENTS:________________
MR. ROB MCKENNA, REPRESENTING GOODWILL INDUSTRIES OF THE SOUTHERN RIVERS,
RE: REQUESTING A REFUND OF TAXES PAID:_
Councilor Henderson pointed out that he has spoken with Mr. McKenna and
there is still some information he is trying to finalize and is currently
working with the City Attorney. Councilor Henderson then asked that this item
be delayed for two weeks.
Councilor Woodson asked City Manager Hugley to clarify some information
that was provided to Council regarding the amount of money that was the portion
of the city.
City Manager Hugley responded by stating that he can provide specific
numbers but roughly 59 to 60 percent of the taxes we collect goes to the school
district and so that $95,000, when we collect that money, a portion of that
$95,000 that was paid will be remitted to the school district. If this Council
were to reimburse them (Goodwill Industries) $95,000, he don?t know if this
body can speak for the 60% that will be through the school district. He said he
think you can reimburse them either the city?s portion or you can decide that
you want to reimburse them the full $95,000 and the city will absorb the
schools district?s portion.
City Attorney Fay said that is right (City Manager Hugley?s explanation)
and that he doesn?t think the school district would volunteer to repay the 60%.
*** *** ***
MS. KAREN Y. MOORE & MR. JUNIE CHRISTIAN, REPRESENTING COLUMBUS FAMILY
CONNECTION, RE: THE 2008 GEORGIA KIDS COUNT TOUR ON OCTOBER 30,
2008:_________________________________
Mr. Christian expressed thank you on behalf of Family Connection for past
support, continues support for making a difference in the lives of children.
Mr. Christian said Ms. Moore is the secretary of the Columbus Family Connection
and will be presenting a report to Council on October 30, 2008 on the state of
our children.
Ms. Moore said she is here today to bring some information to the Council
as well as to extend an invitation to share with us in the Kids Count release
that will be held on Thursday, October 30, 2008 at 9:00 A.M. in the plaza of
the Government Center. Anyone wishing to attend may contact our executive
director Mr. Junie Christian.
Ms. Moore then provided some additional information from the Ann E. Casey
Foundation, 2008 Kids Count Data Book on issues affecting children in different
states as well as that of Muscogee County.
*** *** ***
MR. PAUL OLSON, RE: TAXES, $151 MILLION BOND DEBT, AND DEVELOPMENT
AUTHORITY TAX EXEMPTIONS:_____________________
Mr. Olson made some comments regarding the two Soldiers who were recognized
by this City Council for their performance at the 2008 Olympics in Beijing
China. He then asked that the Mayor and City Council reconsider the $151
million in debt because the economic times is not very good at this time. He
said the second LOST is to be designed for Public Safety and Road
Infrastructure and made some additional references regarding the economic
stimulus package that the President (George Bush) is talking about as well as
the Muscogee County Prison (number of beds).
City Manager Hugley said he just wanted to correct one point about the
number of beds ? we have 1069 beds and not 1200 as Mr. Olson stated in his
comments. What we have presented to you in terms of a plan for implementation
of the LOST where the Mayor and Council committed to the citizens 70% for
Public Safety and 30% for Roads and Infrastructure. We have presented to you a
preliminary plan for doing what the voters approved you to do and the only way
will are going to be able to fulfill the commitment is to bring you a plan and
we commit to that plan so the citizens can see how that plan is going to be
carried out for what they asked for when they voted to approve the LOST.
*** *** ***
MR. BERT COKER, RE: SUPPLEMENTAL PAY FOR PUBLIC SAFETY AND $151 MILLION
BOND DEBT:_____________________________________
Mr. Coker said when he asked about the $3,000 supplemental pay for Public
Safety he is informed that this is what the people voted for. He said the
police and public safety were the first to get a $3,000 supplemental income
through their pay and that is the reason they voted for that tax increase we
have now. He also asked why haven?t they (Police and Public Safety) been
receiving the supplemental income and when is it going to start?
He further stated that the calculation figures on the $151 million debt
doesn?t look right and according to his own calculations it is more like 80 %
for Public Safety and 20 % for Roads and Infrastructure.
In response to Mr. Coker comments, City Manager Hugley pointed out that the
City will not start to collect the first penny of LOST until January 1, 2009
and so it is impossible to implement the $3,000 supplemental pay right now when
the LOST collection will not start until January 2009 and we will likely get
our first check from the state around April 2009 time frame. He further pointed
out that we (the City) in our FY10 Budget process around the April and May 2009
time frame and the $3,000 supplemental pay for public safety which would be
included in the budget so the $3,000 supplemental pay will be effective July 1,
2009 as was committed by the Mayor and Council.
As for the figures that were brought and presented to you at a work session
as we talk about a plan for implementation of the LOST - in every single case
you can count the money and we are going to report on the money separately as
has been committed ? 70% for Public Safety and 30% for Roads and
Infrastructure.
*** *** ***
MS. JACKIE HILL, RE: DEMOLITION LIEN ON PROPERTY LOCATED AT 2216 6TH
STREET:__________________________________________________
Before Ms. Hill addressed the Mayor and Council, her attorney spoke on her
behalf and stated that her client has property located at 221 26th Street and
there is a demolition lien on the property and we have a valid and enforceable
sales contract set to pose November 15, 2008. She then asked that the lien be
removed from the property so the buyer will have time to rehab the property.
Ms. Hill then stated that she has been working to get this building sold.
She said she found out about the building from her father and her intention was
to put a restaurant in the building but her father passed away and she has been
trying to sell the building. She said she is the owner of the building and is
asking Council to reverse their decision so she can pay the taxes owed on the
property.
Ms. Hill and her attorney also presented a contract to Council showing that
there is buyer for the property. When asked by Councilor Hunter how long it
will take the new owner to bring this property up to code, the response was
that the person buying the property will have it secure immediately and is
aware of what it will take to get the building up to code.
This issue was discussed for an additional 20 minutes by several members of
Council, Ms. Rebecca Wiggins (Inspection & Code Dept), and Ms. Hill and her
attorney after which Councilor McDaniel moved a 90-day extension on the
demolition process. Seconded by Councilor Barnes and carried unanimously by
those nine members of Council present with Mayor Pro-Tem Turner Pugh being
absent from this meeting.
*** *** ***
MR. JOSH MCKOON, RE: RECORDERS? COURT APPEAL PROCESS/ CRIMINAL
SANCTIONS FOR VIOLATIONS OF SEC. 13B OF THE COLUMBUS CODE OF
ORDINANCES:__________________________________
Mr. Josh McKoon said the intent of his comments today is to address a
process that is fundamentally broken. He said the current code in the
environmental code enforcement process is failing the citizens in four
different ways: (1) the first way is the appeal bond process. (2) Violations
against speaking only to the environmental/nuisance code in chapter 13.13 (B)
should not carry criminal penalties ? citizens should be fined for violating
the law no one should be going to jail for violation of these ordinances. (3)
The code itself is limited and need to be redrafted. (4) Enforcement has been
erratic, arbitrary and capricious.
City Attorney Fay informed Mr. McKoon that if he intends to speak on a
specific case that is in Recorders? Court, this Council has no jurisdiction on
the matter. But if Mr. McKoon wishes to make a recommendation or talk about a
process he may do so.
Mr. McKoon spent an additional ten minutes commenting on the appeal
process, the judicial system and the enforcement process in Recorders? Court.
*** *** ***
MR. WILLIAM MADISON, RE: ENVIRONMENTAL COURT:_____________
Mr. Madison stated that the NAACP is being honored with the presence of the
Board Chairman who along with the new President will be coming to the area and
extended an invitation to the Mayor and Council on November 1, 2008. The NAACP
will also be celebrating 100 years on February 12, 2009. The local (Columbus,
GA) branch turns 69 on February 16, 2009 and we are going have a party on that
day. Mr. Madison also provided some additional information regarding upcoming
events of the NAACP.
Mr. Madison also encourages everyone to go out and vote. He then made a few
comments similarly to that of Mr. McKoon.
The City Attorney, City Manager and several members of Council spend an
additional 25 minutes discussing this matter where City Attorney was asked to
look into the code to determine if there is anything Council can legally do to
change some of the practices in Recorders? Court and Environmental Court.
--------------------------------------------*** ***
***--------------------------------------------
CITY MANAGER?S AGENDA CONTINUED:
THE FOLLOWING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY:_________________________________________
A Resolution (487-08) ? Authorizing the acceptance of a deed to a 0.271 +/-
acre detention pond in the Sun Hill Subdivision. The Department of Engineering
has inspected the detention pond and recommends the acceptance. Councilor Allen
moved the adoption of the resolution. Seconded by Councilor Woodson and carried
unanimously by those eight members of Council present with Councilor Hunter
being absent for this vote and Mayor Pro-Tem Turner Pugh being absent from this
meeting.
A Resolution (488-08) ? Authorizing the acceptance of a deed to a 0.97 +/-
acre detention pond in the East Wynnton Neighborhood that was constructed as
part of the HOPE VI Project. The Department of Engineering has inspected the
detention pond and recommends the acceptance. Councilor Allen moved the
adoption of the resolution. Seconded by Councilor Woodson and carried
unanimously by those eight members of Council present with Councilor Hunter
being absent for this vote and Mayor Pro-Tem Turner Pugh being absent from this
meeting.
*** *** ***
THE FOLLOWING THREE PURCHASING RESOLUTIONS WERE ALSO SUBMITTED AND
EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY COUNCIL PURSUANT TO THE
ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR
WOODSON, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT
FOR THIS MEETING WITH COUNCILOR HUNTER BEING ABSENT FOR THIS VOTE AND MAYOR
PRO-TEM TURNER PUGH BEING ABSENT FROM THIS MEETING:______
A Resolution (489-08) ? Authorizing the execution of a contract with Barber
Petroleum & Equipment Company (Albany, GA), in the amount of $16,134.36, for
fuel dispensers at Metra Transit System. Barber Petroleum and Equipment Company
will remove the existing fuel dispensers and provide and install new fuel
dispensers.
A Resolution (490-08) ? Authorizing the purchase of uniform active apparel,
on an "as needed basis," from ScreenPrint Plus and Columbus Fire & Safety for
the estimated annual contract value of $192,874.85. The uniform items include:
tee shirts, sweat shirts, polo shirts, hats, jackets, etc and will be used by
the Public Service Department, Columbus Fire & EMS Department, Parks &
Recreation Department, METRA and other City Departments.
------------------------------------------------*** ***
***----------------------------------------
MOON ROAD WIDENING PROJECTL:
Deputy City Manager Arrington reminded the Mayor and Council of the
presentation (preliminary list of infrastructure projects and framework for
implementation) by City Manager Hugley at the August 2008 Work Session. At that
meeting, he said the Council authorized us to proceed with planning of those
projects that we had an existing funding source and asked us to bring back a
final list/recommended list in January along with a proposed financing strategy
for those projects. Today staff is here to brief Council on the first of those
projects that are on the preliminary list. At the next Work Session we will
brief Council on the additional infrastructure projects so that we can move
forward on planning phase of those projects as well.
DCM Arrington then called on Director Rick Jones to provide further details
on the Moon Road project. Director Jones provided a handout to Mayor and
Council and a copy is also on file in the Clerk of Council?s Office.
Information/topics discussed by Director Jones includes:
Moon Road Chronology
Context Sensitive Solutions
Background Information
Road Improvements Alternatives
Additional Information
Citizens Responses to Alternative Proposals
Recommendation (to Council)
Upon the completion of his presentation, which lasted for approximately 20
minutes, Director Jones then spend an additional 35 minutes responding to
questions and comments from the Mayor & Council. City Manager Hugley also made
some additional comments and responded to questions from Council.
Councilor Henderson made a motion to use three lanes during the
construction process up to Whittlesey (Boulevard) North to Veterans. Seconded
by Councilor Barnes and carried unanimously by those eight members of Council
present with Councilor Baker being absent for this vote and Mayor Pro Tem
Turner Pugh being absent from this meeting.
Councilor Baker, upon his return to the Council table asked that his vote
be added to the motion made by Councilor Henderson with regards to the Moon
Road Project. This vote is therefore recorded as being carried unanimously by
those nine members of Council voting with Mayor Pro Tem Turner Pugh being
absent from this meeting.
*** *** ***
EARLY VOTING:
City Manager Hugley reminded citizens that elections will be held November
4, 2008 and advanced voting started on September 22, 2008 and ends October 31,
2008. Early voting will start October 27, 2008 thru October 31, 2008 and there
are four locations for early voting: Elections Office will be opened from 8:30
a.m. to 4:30 p.m; Columbus Public Library 9:30 a.m. to 5:00 p.m.; Frank D.
Chester Recreation Center 10:00 a.m. to 6:00 p.m. and Cunningham Center 8:30
a.m. to 4:30 p.m. On November 4, 2008 the polls will be opened until 7:00 p.m.
------------------------------------------------*** ***
***----------------------------------------
CLERK OF COUNCIL?S AGENDA:
THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS
INFORMATION FOR THE MAYOR AND COUNCIL:
(1) Memorandum from Mr. Mike Beatty, Re: Georgia Department of Community
Affairs Town Hall Meetings.
(2) Memorandum from Clerk of Council Washington, Re: Attendance Record of Ms.
La Fini Mosby and Mr. Bryan Stone.
*** *** ***
THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF
COUNCIL WASHINGTON AND APPROVED BY THE
COUNCIL:________________________________________________________
A Resolution (491-08) ? Canceling the November 11, 2008 Council Meeting.
Councilor McDaniel moved the adoption of the resolution. Seconded by Councilor
Allen and carried unanimously by those eight members of Council present with
Councilor Davis being absent for this vote and Mayor Pro Tem Turner Pugh being
absent from this meeting.
A Resolution (492-08) ? Excusing Mayor Pro Tem Turner Pugh from the October
21, 2008 Council meeting. Councilor McDaniel moved the adoption of the
resolution. Seconded by Councilor Henderson and carried unanimously by those
eight members of Council present with Councilor Davis being absent for this
vote and Mayor Pro-Tem Turner Pugh being absent from this meeting.
A Resolution (493-08) ? Granting the approval of a Special Exception ?
Uptown Columbus Inc. is requesting that Council approve ?open containers? from
Broadway 10th Street to 12th Street and 11th Street from Front Avenue to 1st Avenue from 7:00 pm ? 12:00 am and ?amplified sound? until 11:30 pm on October
31, 2008. Councilor McDaniel moved the adoption of the resolution. Seconded by
Councilor Allen and carried unanimously by those eight members of Council
present with Councilor Davis being absent for this vote and Mayor Pro-Tem
Turner Pugh being absent from this meeting.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY APPROVED BY THE
COUNCIL:_____________________________________________________
Board of Health, September 24, 2008
Columbus Convention & Visitors Bureau, September 17, 2008
Councilor Allen moved the approval of the minutes. Seconded by Councilor
Woodson and carried unanimously by those eight members of Council present with
Councilor Davis being absent for this vote and Mayor Pro-Tem Turner Pugh being
absent from this meeting.
*** *** ***
THE FOLLOWING TWO ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY COUNCILOR
MCDANIEL:______________
(a) Petition submitted by Bobby Bradford to rezone 0.36 acre of property
located at 2361 South Lumpkin Road from SFR3 (Single Family Residential 3) to
NC (Neighborhood Commercial) district. (Recommended for approval by both the
Planning Advisory Commission and the Planning Department.) (39-A-08-Bradford)
Called for by Councilor McDaniel.
(b) Petition submitted by George C. Woodruff Company to rezone 1.421 acres
of property located at 7175 Beaver Run Road from LMI (Light Manufacturing /
Industrial) to GC (General Commercial) district. (Recommended for approval by
both the Planning Advisory Commission and the Planning Department.)
(40-A-08-George C. Woodruff Co.)
Councilor McDaniel called for both Zoning Petitions.
*** *** ***
BOARD APPOINTMENTS:
HISTORICAL & ARCHITECTURAL REVIEW BOARD:
Clerk of Council Washington pointed out that Councilor Baker nominated Mr.
Jeff Reed on last week to succeed Mr. Safran and that he may now be confirmed.
Councilor Henderson moved to confirm Mr. Reed. Seconded by Councilor Woodson
and carried unanimously by those eight members of Council present with
Councilor Davis being absent for this vote and Mayor Pro Tem Turner Pugh being
absent from this meeting.
*** *** ***
BOARD OF HONOR:
Clerk of Council Washington pointed out that Judge Clay Land, Judge Bobby
Peters and Mr. Billy Watson were nominated on last week to succeed themselves
and that they may now be confirmed. Councilor Henderson made a motion to
confirm each of them. Seconded by Councilor McDaniel and carried unanimously by
those eight members of Council present with Councilor Davis being absent for
this vote and Mayor Pro Tem being absent from this meeting.
*** *** ***
CONVENTION & TRADE CENTER AUTHORITY:
Clerk of Council pointed out that Lori Canterbury?s term of office has
expired and that she is eligible to succeed herself. No action was taken.
*** *** ***
PUBLIC SAFETY ADVISORY COMMISSION:
Clerk of Council Washington informed the Mayor and Council that the terms
of offices of Mr. Charles Kurtz, Mr. C. A. Hardmon and Mr. Greg Camp and that
they are all eligible to succeed themselves for another term of office. She
further pointed out that Mr. James Wilson has resigned. No action was taken.
*** *** ***
UPTOWN FA?ADE BOARD:
Clerk of Council Washington pointed out that Mrs. Sonya Eddings and Mrs.
Brenda Price were both nominated on last week to succeed themselves for another
term of office and that they may now be confirmed. Councilor Henderson moved
the confirmation. Seconded by Councilor McDaniel and carried unanimously by
those eight members of Council present with Councilor Davis being absent for
this vote and Mayor Pro-Tem Turner Pugh being absent from this meeting.
*** *** ***
YOUTH ADVISORY COUNCIL:
Clerk of Council Washington informed Mayor and Council that nominees
will be needed for Districts 6 and 10. Councilor Henderson nominated Briana
Monique for District 10. Councilor Henderson then moved to confirm her.
Seconded by Councilor Woodson and carried unanimously by those eight members of
Council present with Councilor Davis being absent for this vote and Mayor Pro
Tem Turner Pugh being absent from this meeting.
--------------------------------------------*** ***
***--------------------------------------------
Before entertaining a vote to allow the Council to go into an executive
session, Mayor Wetherington recognizes the presence of a few citizens who
wanted to be heard.
Mr. Josh McKoon came forward to clarify some of the comments he had made
earlier. He stated that he does not understand why the judge has to sign off on
the bond when there is a useful bond in place. He said it is his experience in
the past that the reason a judge would have to sign-off on a bond is because
they have to exercise judicial discretion as to how much the bond would be
given the person is a flight risk or danger to the community. But since the
policy as it was explained to me is that the bond is the same for everyone, I
don not understand why I had to go seek out the judge to get the bond sign-off
on.
*** *** ***
Ms. Renee Tarver said she is here about the Muscogee County Jail. Ms.
Tarver said she was detained in the jail from October 15 thru October 17, 2008.
She then provided details about the circumstances that led to her being before
the judge and the treatment she received while locked up in the Muscogee County
Jail.
Mayor Wetherington instructed Ms. Tarver to provide her information to the
City Manager?s staff and he will look into her situation with the judge.
*** *** ***
Ms. Geraldine Hollis explained her situation to the Mayor and Council where
she was charged with obstructing and weeds (overgrown grass) and was put in
jail and was not given the opportunity to bond herself out of jail. Ms. Hollis
was also instructed to provide her information to the City Manager?s staff so
her situation can be looked into.
*** *** ***
Mr. Rick Flowers #4 6th Street said he is an attorney and with him is
Beverly Brady, also an attorney. Mr. Flowers made some references to a letter
he provided Council that the payroll should be $22,000. He pointed out that the
booster that was supposed to be inside the building and that his staff was
working with someone from the city to verify the information. Mr. Flowers said
he is here to ask for 60 to 90 days reprieve so that they can manufacture the
candy and get those on the market and commit to the orders. We understand that
the rezoning process would have to be immediately undertaken. We understand
that Light Manufacturing may not be compatible in the long run and if we do
submit a rezoning request it would be with the specific condition that if CoPak
Foods lease terminates or the business seizes operation that LMI would revert
back to its existing RO-MNB.
Councilor McDaniel moved that a temporary permit/use for 90 days be granted
providing we (Council) get the zoning.
Director Jones said the first issue here is dealing with the permitting
process and safety code. There have been some work done by the real estate
personnel but we do not have any permits on the building at this point and have
not looked at the building. He further pointed out hat he has spoken to Mr.
Flowers about the need to get in and if this zoning should move forward with
the temporary lease we will need to get in and take a look at the building to
make sure it is secure and safe before they start their operations.
--------------------------------------------*** ***
***--------------------------------------------
NOTE: Councilor Anthony left the meeting during this portion of the proceedings
with the time being 1:40 p.m.
------------------------------------------*** ***
***---------------------------------------------
City Manager Hugley, Mr. Bill Duck (inspection & Codes), Ms. Brady and
several members of Council spend an additional 20 minutes discussing this issue
after which Councilor McDaniel restated his motion to grant 90 days temporary
use. Seconded by Councilor Barnes and carried unanimously by those eight
members of Council present with Councilor Anthony being absent for this vote
and Mayor Pro-Tem Turner Pugh being absent from this meeting.
-------------------------------------------*** ***
***---------------------------------------------
EXECUTIVE SESSION:
City Manager Hugley pointed out that the executive session on acquisition
of property has been cancelled but Council may go ahead with the executive
session to discuss litigation matters.
Councilor Henderson then made a motion to allow the Council to go into an
executive session to discuss litigation matters. Seconded by Councilor Allen
and carried unanimously be those eight members of Council present with
Councilor Anthony being absent for this vote and Mayor Pro-Tem Turner Pugh
being absent from this meeting.
--------------------------------------------*** ***
***--------------------------------------------
NOTE: Councilor Anthony was also absent for the executive session.
--------------------------------------------*** ***
***--------------------------------------------
At 1:50 p.m. the regular session was adjourned to allow the Council to go
into an executive session.
*** *** ***
At 2:00 p.m. the meeting was called back to order at which time Mayor
Wetherington pointed out that the Council met in an executive session to
discuss litigation matter, but no action was taken.
--------------------------------------------*** ***
***--------------------------------------------
With there being no other business to come before this Council, Councilor
Allen then made a motion adjourn. Seconded by Councilor Woodson and carried
unanimously by those eight members of Council present with, Councilor Anthony
being absent for this vote and Mayor Pro-Tem Turner Pugh and being absent from
this meeting, with the time being 2:02 p.m.
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
Attachments
No attachments for this document.