Agenda Item # 1

Columbus Consolidated Government
Council Meeting

October 9, 2018

Agenda Report # 33


TO: Mayor and Council

SUBJECT: 2018 Legislative Agenda

INITIATED BY: City Manager’s Office


Recommendation: Approval is requested of ten (10) resolutions for the 2019 Legislative Session of the Georgia General Assembly, which the Mayor and Council deem appropriate. Background: Each year elected and appointed officials of the Columbus Consolidated Government develop a list of issues important to the citizens of Columbus that requires action by the Local Legislative Delegation. Once approved, a meeting will be held with the Delegation to explain the rationale behind these issues and to solicit their support. The Hometown Connection and Legislative Agenda meeting will be held October 11, 2018. Analysis: Staff, elected and appointed officials were asked to present issues they felt were important to the operation of city government. Research and justification for these issues were presented to the City Manager and a list was prepared for presentation to the Mayor/Council. Financial Considerations: The City is expected to receive additional revenues if many of the issues are passed by the Georgia General Assembly.

Recommendations/Actions: Approve those resolutions, which the Mayor and Council deem appropriate.

COLUMBUS CONSOLIDATED GOVERNMENT
2019 PROPOSED LEGISLATIVE AGENDA
Explanation:
Explanation:

Explanation:



GMA LEGISLATIVE AGENDA ITEMS
SUPPORTED BY CCG




1(1)
A RESOLUTION

NO._____


WHEREAS, the conflict of interest provision of Redevelopment Powers Law, Title 36, Chapter 44 is broadly and unclearly worded in a way that leaves all CCG officials, even employees whose positions have nothing to do with the creation or administration of a Tax Allocation District, subject to possible disclosure requirements and prohibitions from voluntarily acquiring a direct or indirect interest in property in any TAD created by Council; and,

WHEREAS, this Council desires that the conflict of interest provision applicable to TAD’s be more specific and limited as to the persons covered by its requirements and use definitions consistent with the Ethics in Government Act found in Chapter 5 of Title 21 of the Georgia Code.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:

We hereby request that the local delegation to the General Assembly introduce/support the attached proposed amendment to O.C.G.A. 36-44-21 or any similar proposal, which clarifies that code section by providing standard definitions and eliminates the prohibition against the acquisition of property in TAD’s by all CCG employees. Let a copy of this resolution be forwarded by the Clerk of Council to each member of the local delegation to the Georgia General Assembly.


________________


Introduced at a regular meeting of the council of Columbus, Georgia, held the 9th day of October, 2018 and adopted at said meeting by the affirmative vote of ______ members of said Council.


Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.



___________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor

1(2)
A RESOLUTION
NO. ________

WHEREAS, Interstate 14 is under construction in Texas, and first officially opened on January 26, 2017 near Killeen, Texas; and,

WHEREAS, the community of Natchez, Mississippi and communities in Louisiana are taking action to make an extension of I-14 a reality in their jurisdictions; and,

WHEREAS, if extended to Columbus, Georgia, I-14 could run along J.R. Allen Parkway/Sam Wellborn Highway (Highway 80) with little modification of the current parkway; and,

WHEREAS, I-14 will connect a significant number of military installations, seaports, major cities, and large highways to each other, and Columbus and Ft. Benning should share in this significant extension; and,

WHEREAS, this Council desires that the local legislative delegation to the Georgia General Assembly support an extension of I-14 to and through Columbus, Georgia and take any appropriate legislative action concerning this highway extension.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLOVES:

We hereby respectfully request that the local legislative delegation to the Georgia General Assembly support an extension of I-14 to and through Columbus, Georgia and take any appropriate legislative action concerning this highway extension. Let a copy of this resolution be forwarded by the Clerk of Council to each member of the local delegation to the Georgia General Assembly.
_____________


Introduced at a regular meeting of the council of Columbus, Georgia, held the 9th day of October, 2018 and adopted at said meeting by the affirmative vote of ______ members of said Council.


Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.


___________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor



1(3)

A RESOLUTION
NO. ________


A RESOLUTION REQUESTING THAT THE LOCAL LEGISLATIVE DELEGATION SUPPORT LEGISLATION AMENDING STATE LAW TO AUTHORIZE TOWING COMPANIES TO TOW DERELICT VEHICLES FROM PRIVATE PROPERTY AT THE REQUEST OF THE LOCAL GOVERNING AUTHORITY.

WHEREAS, Columbus has an ordinance which makes it a misdemeanor to keep a derelict “junked” car on private property except where zoning and screening provisions are complied with; and,

WHEREAS, the enforcement mechanisms for this ordinance are not meaningful without the threat of towing the vehicle; and,

WHEREAS, state law clarification is necessary to assure that towing companies, which tow a vehicle from an owner’s occupied private property in order to enforce a local ordinance, are protected from liability.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES AS FOLLOWS:

That the local Legislative Delegation support legislation which clarifies the legal ability of towing companies to remove a derelict vehicle at the request of local authorities for ordinance violations even when the vehicle is on owner occupied private property.
__________________

Introduced at a regular meeting of the council of Columbus, Georgia, held the 9th day of October 2018 and adopted at said meeting by the affirmative vote of ______ members of said Council.


Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.


_________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor


1(4)

A RESOLUTION
NO._____


WHEREAS, this Council desires that health insurance plans incorporate step therapy exception processes in their preauthorization applications; and,

WHEREAS, step therapy is a health insurance protocol that requires patients to first try less expensive drugs on a Prescription Drug List before moving up a “step” to a more expensive drug; and,

WHEREAS, this approach is also called “Fail First”; and,

WHEREAS, when coverage of a prescription drug is blocked because of step therapy protocols, the patient and prescribing doctor must have access to clear, convenient and expeditious processes to step therapy exception determination. This exception will allow the doctor to prescribe the best drug for the patient’s medical needs; and,

WHEREAS, step therapy exception shall occur within twenty-four (24) hours in an urgent health care situation and seventy-two (72) hours in a non-urgent health care situation and permit a prescriber to override the step therapy with an exception when:

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:

We hereby respectfully request that the local legislative delegation to the Georgia General Assembly introduce legislation that will require health insurance plans to incorporate step therapy exception processes in their preauthorization applications. Let a copy of this resolution be forwarded by the Clerk of Council to each member of the local delegation to the Georgia General Assembly.
______________


Introduced at a regular meeting of the council of Columbus, Georgia, held the 9th day of October 2018 and adopted at said meeting by the affirmative vote of ______ members of said Council.


Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.



__________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor


1(5)

A RESOLUTION
No._____


WHEREAS, the Federal Communications Commission (FCC) recently approved an Order (WT Docket No. 17-79; WC Docket No. 17-84) which broadly preempts local government authority to manage and receive fair compensation for installation of small cell towers and other related facilities on City-owned right-of-way and on City-owned infrastructure;

WHEREAS, the FCC Order does not take into consideration the variety of land values across the United States or the value of land in dense urban areas versus rural sparsely populated areas;

WHEREAS, the Order mandates shot clocks for local governments (mandated action dates) while there is no corresponding shot clock for industry deployment;

WHEREAS, the Order ignores community standards and aesthetic considerations which are unique to each community and help establish a “sense of place”;

WHEREAS, the FCC Order effectively removes public input from citizens, taxpayers and local elected officials and bestows this power upon an unelected federal agency.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:

Let a copy of this resolution be forwarded by the Clerk of Council to each member of the local delegation to the Georgia General Assembly.
________


Introduced at a regular meeting of the council of Columbus, Georgia, held the 9th day of October 2018 and adopted at said meeting by the affirmative vote of ______ members of said Council.


Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.




__________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor


1(6)
A RESOLUTION
NO. _____

WHEREAS, many citizens from Georgia and neighboring states have been displaced as a result of mandatory evacuation orders issued by federal, state, or local officials due to storm, hurricane or other pending or threatened disaster; and,

WHEREAS, this Council desires that OCGA Section 48-13/1(h)(1) be amended so as to expand the hotel tax exemption to provide relief to persons displaced as a result of mandatory or voluntary evacuation order issued by federal, state, or local officials due to a storm, hurricane or other disaster.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:

We hereby respectfully request that the local delegation to the Georgia General Assembly introduce statewide general legislation at the 2019 Session to amend OCGA Section 48-13-51(h)(1) so as to expand the hotel tax exemption to cover persons displaced as a result of mandatory or voluntary evacuation order issued by federal, state or local officials due to a storm, hurricane or other disaster. Let a copy of this resolution be forwarded by the Clerk of Council to each member of the local delegation to the Georgia General Assembly.
______________


Introduced at a regular meeting of the council of Columbus, Georgia, held the 9th day of October 2018 and adopted at said meeting by the affirmative vote of ______ members of said Council.


Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.




__________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor



1(7)
A RESOLUTION
NO. ____
WHEREAS, in recent primary elections, Muscogee County and Georgia voters were forced to choose a particular primary ballot for local races, including constitutional officers, and were not able to vote for other such candidates listed on another primary party ballot; and,

WHEREAS, this Council desires that the local delegation to the Georgia General Assembly amend the state law so that voters can choose a non-partisan primary ballot for races of all local elective officers, including constitutional officers.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:

We hereby respectfully request that the local delegation to the Georgia General Assembly introduce statewide general legislation at the 2019 Session to allow voters to choose a non-partisan primary ballot for races of all local elective offices, including constitutional officers. Let a copy of this resolution be forwarded by the Clerk of Council to each member of the local delegation to the Georgia General Assembly.
______________


Introduced at a regular meeting of the council of Columbus, Georgia, held the 9th day of October 2018 and adopted at said meeting by the affirmative vote of ______members of said Council.

Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.




__________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor



1(8)
A RESOLUTION
NO. ______

WHEREAS, the Transportation Act, H.B. 170, as amended by Section 3 of H.B. 106, both enacted in the 2015 legislative session, enacted a new code section 48-13-50.3 which imposed a $5.00 per day fee on hotel/motel lodging effective July 2015 to fund transportation expenditures; and,

WHEREAS, this Council is concerned that this additional fee will adversely impact the residents of Georgia, who make up a significant portion of hotel visitors to most Georgia cities, and who make up 79% of overnight hotel guests in Columbus, as these Georgians are otherwise being taxed to support the development of transportation infrastructure within the State; and,

WHEREAS, this Council finds that local businesses of Columbus are particularly adversely impacted by this destination fee, which when added to existing sales and use taxes already charged on Columbus hotel rooms results in an average tax of 23% on the average daily hotel rate, making it difficult for Columbus hotels to maintain reasonable daily rates, particularly in light of competition from hotels across the border in Alabama which are not subject to the same fee structure.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:

We hereby request that the local delegation to the General Assembly introduce legislation to repeal or modify O.C.G.A. 48-13-50.3 which imposed a $5.00 per night hotel/motel fee effective July 1, 2015.
__________________

Introduced at a regular meeting of the council of Columbus, Georgia, held the 9th day of October 2018 and adopted at said meeting by the affirmative vote of ______ members of said Council.


Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.


__________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor

1(9)

A RESOLUTION
NO. ______

A RESOLUTION REQUESTING THAT THE LOCAL LEGISLATIVE DELEGATION INTRODUCE LEGISLATION TO AMEND O.C.G.A. 48-8-96(1) (I) SO THAT IT ONLY APPLIES TO LOST REFERENDA HELD AFTER JANUARY 11, 2011, THEREBY LEAVING THE ORIGINAL TWO EXEMPTIONS CONTAINED IN THE 2004 LEGISLATION IN PLACE IN COLUMBUS, GEORGIA.

WHEREAS, the Mayor and Council have discussed issues important to the efficient operation of the Columbus Consolidated Government and the quality of life for its citizens; and,

WHEREAS, this issue requires action in the 2019 General Assembly Session.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:

We hereby respectfully request that the Local Legislative Delegation to the Georgia General Assembly introduce legislation at the 2019 Session to amend O.C.G.A 48-8-96 (h) (1) so that it only applied to LOST referenda held after January 1, 2011, thereby leaving the original two exemptions contained in the 2004 legislation in place in Columbus, Georgia.


__________

Introduced at a regular meeting of the council of Columbus, Georgia, held the 9th day of October 2018 and adopted at said meeting by the affirmative vote of ______ members of said Council.


Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.



__________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor


1(10)
A RESOLUTION
No._____


WHEREAS, this Council recognizes that the State of Georgia is licensing facilities for various types of assistance for both children and adults in a home-like setting;

WHEREAS, notification of county agencies and officials is often lacking at the time licenses to such facilities are granted by the State, including but not limited to, “child-caring institutions” defined at O.C.G.A. Section 49-5-3, “foster care homes” as defined at O.C.G.A. Section 49-5-60, and “personal care homes” as used in O.C.G.A. Section 25-2-13;

WHEREAS, this Council desires that the local delegation to the Georgia General Assembly address these matters and require prompt notification of certain county agencies and officials upon the granting of licenses to such facilities.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:

We hereby respectfully request that the local legislative delegation to the Georgia General Assembly introduce state-wide legislation that will require prompt notification of county and city police and fire departments, licensing departments, and planning and zoning departments upon licensing of child-caring institutions, foster care homes, and personal care homes as defined and used above.

Let a copy of this resolution be forwarded by the Clerk of Council to each member of the local delegation to the Georgia General Assembly.
______________

Introduced at a regular meeting of the Council of Columbus, Georgia held on the ______ day of ____________ 2018, and adopted at said meeting by the affirmative vote of _____ members of Council.


Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor House voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.



__________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor