MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR SESSION
MARCH 12, 2013


A meeting of the Council of Columbus, Georgia was called to order at 9:05A.M., Tuesday, March 12, 2013, on the Plaza Level of the Government Center, Columbus, Georgia. Honorable Teresa Pike Tomlinson, Mayor and Honorable Evelyn Turner Pugh, Mayor Pro Tem, presiding.

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PRESENT: Present other than Mayor Tomlinson were Councilors R. Gary Allen, Mike Baker, Jerry Barnes, Glenn Davis Berry H. Henderson, Charles E. McDaniel, Jr., Judy W. Thomas and Evelyn Woodson. City Manager Isaiah Hugley, City Attorney Clifton Fay, Clerk of Council Tiny B. Washington and Deputy Clerk Sandra Davis were also present. Mayor Pro Tem Turner Pugh took her seat at the Council table at 9:03 a.m. Councilor Huff took his seat at the Council table at 9:08 a.m.
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ABSENT: Councilor C. E. McDaniel was absent.
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INVOCATION: Led by Reverend Cindy Garrard, St. Luke United Methodist Church.
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PLEDGE: Led by students from Fox Elementary and Wesley Heights Elementary
Schools.
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REVOCATION HEARING:

Mayor Tomlinson called forward the Revocation Hearing to hear the recommendation of the Public Safety Director to revoke the alcoholic beverage license of Mr. James Weaver, Jr. d/b/a Majestic Sports Bar.

She said having an alcoholic beverage license in Muscogee or any county within the State is a privilege, it’s not a right. She said we work hard to encourage all businesses; small business or large businesses in this community but said there is no license to conduct an establishment which has become a criminal haven. She said the Council members have been provided with over a dozen police reports related to successive charges and convictions of alcoholic beverage cards violations, minors being served alcohol, violence, thefts, assaults, and murder. She said the most recent incident was on New Years Eve where we saw the death of a young man who was five months away from graduating from Columbus State University and the shooting injury of six others.

Mayor Tomlinson said there comes a time where we have to ask ourselves whether this particular license should remain in the hands of the person that it has been issued to, which is Mr. Weaver. She said she will now turn this matter over to the City Attorney. She said the Police Chief is also present today, as well as having someone from the vice-squad present this morning.

City Attorney Fay asked Chief of Police Ricky Boren to come forward and then pointed out that this is a revocation hearing under Code Section 3-11 of the Columbus Code for the Majestic Night Club. He said he distributed around the Council table information you should have received; which are convictions against Mr. Nathaniel Smith for allowing minors in the night club on nine counts; requirement to have an alcohol beverage card violation a tenth count. He said on the second page, Mr. James Weaver, requirement to have an alcohol beverage card violation, one count.

He said the Chief of Police and his squad has had numerous complaints of violations; and said he will now allow him to be heard about some of the things they have seen and have been called about.

Chief of Police Ricky Boren then came forward and said he is here this morning to talk about the Majestic Night Club which was formerly named the Boom Boom
Room; located on Cusseta Road at the intersection of Brown Avenue. He said during the early morning hours of January 1, 2013 during a New Years get together at Club Majestic they received a call about shots being fired. He said officers arrived on the scene after being called about shots being fired outside and inside the club. He said numerous officers responded to that call and when they arrived, they found one person dead and six individuals that had been shot inside and outside the club.

He said their investigation revealed numerous underage persons inside the club; and said during the investigation they could only re-contact nine of the underage drinkers that had paid a door fee at the front door and had entered the club and were in fact drinking. He said they have statements from all nine of those individuals. He said at the door, once the door person that was later identified and arrested realized that they were underage; he in fact charged them more money to come in the club than if you had been of legal age to have entered the club, and had been drinking legally.

Chief Boren said as stated by the Mayor earlier, one individual was in fact dead and the others wounded; and said they have made arrests in all of those cases. He said they have a disk with them on this morning and can give it to the Council for later review, that was done with WLTZ news at some point in time after the shooting, where Nathaniel Smith, who is the sub-proclaimed leasee of this club, reported leasing from the individual who has the club and the alcohol license for the club, the fact that he was in fact leasing the club at the time this occurrence took place; which is illegal. He said you cannot take another individual’s liquor license and use it as your own, to run a liquor establishment and said we do have that documented here today as well. He said all of the convictions were convicted in Recorders Court; an individual that allowed nine underage drinkers in the club and failure to obtain alcohol beverage cards.

City Attorney Fay pointed out that Clerk of Council Washington has the original of these convictions. He then asked if there were any questions from the members of Council for Chief Boren, but there were none. He then said we will hear from Mr. Weaver, if he is present, and/or his attorney.

Mr. Alfonso Whitaker, 644 Broadway, Columbus, Georgia, Attorney for Mr. Weaver, came forward and pointed out that Mr. Weaver is not present here today, because he is at dialysis. He said when he first became aware of the case he contacted Ms. Washington about a continuance, but she advised him that he had to address the Council. He said Mr. Weaver is available in the afternoons and he would ask the Council’s indulgence to give him an opportunity to present his case before you in more details before there is a vote.

He said Mr. Weaver recognizes that it is a privilege to be allowed to have a liquor license in Columbus and he is grateful that he had his license for quite some time and; therefore, is considered to be grandfathered in, and that is why it is so important and precious to him. He said when Mr. Weaver came to him, he wasn’t aware that he could not allow Mr. Nathaniel Smith to operate under his license. He said he has since advised him and has been retained as his legal counsel and is willing to work with him to help him straighten out his business affairs.

Mr. Whitaker said when Mr. Weaver received the first notice that the City was concerned and that there were issues, his daughter, Ms. Garvin contacted the City on two occasions and tried to arrange a meeting; however, unfortunately, prior to that meeting taking place to address the issues, there was the unfortunate shooting that took place at the establishment.

He said the area where Mr. Weaver’s establishment is located is unfortunately, a high crime area and said the question is whether many of these police reports can be attributed to the establishment or people surrounding the establishment.

Mr. Whitaker then went into some details in this regard.

He said when you look at the totality of the circumstances; the entire situation with the crime in that area, how much actually relates to what’s going on in the bar with the liquor license; granted that there were people in the bar who should not have been there, but Mr. Weaver as the owner, allowed Mr. Smith to run this business; however, since then, he has taken action to file a dispossessory to get Mr. Smith out of the business. He said he is taking progressive steps to help resolve this issue and said Mr. Weaver would like an opportunity to sit down with City Council members, officers and do what he can as far as lighting in the area, to provide more lights. He said he is also willing to look at the issue of security.
He said he had security on the doors; however, when you are involved in this type of industry, you don’t always have the best opportunity to get the people who are going to do the right thing.

Mr. Whitaker said Mr. Weaver’s daughter, Ms. Garvin, is more interested in being involved in the establishment. He said we understand that the City has a concern and safety is an issue, but said this family is willing to work with the City to address those issues and try to come up with a solution that will alleviate the crime.

He said they are very sorry about what has happened, and said they are willing to do whatever is necessary; whatever conditions will be put on them, in order to show that they are willing and have a good faith effort to cooperate with you. He said whatever the conditions are they just want an opportunity to continue to run this establishment, as they recognize it is a privilege to hold an alcohol beverage license. He said Mr. Weaver is a 79-year old man who wants to leave this legacy for his children and he would ask the Council to give them an opportunity to address these issues more thoroughly; with Mr. Weaver being here, perhaps in one evening session.

After the conclusion of his presentation, Mayor Tomlinson pointed out to Mr. Whitaker that there are two procedures going on, but said there is only one that is
relevant today. She said the letter that your client received related to some of the police reports about break-in in cars, assaults and etc, has to do with another statute. She said it has to do with an injunction, a condemnation and a taking of the property related to a specific Georgia law for allowing the property to become a criminal haven. She said that would include all various kinds of criminal activity that is specified in the statute that doesn’t necessarily relate to alcohol violations. She said we are not dealing with that today. She said there is also one that your client has been invited to come forward, but said neither she nor the Chief of Police has been contacted in this regard.

Mayor Tomlinson said pursuant to that process, your client and you have been asked to come forward and meet with the City about resolving matters related to a criminal haven at the property. She said separate and apart there is another procedure that is on the floor today, in this Council; which is to revoke the liquor license pursuant to specified alcohol violations for which there are convictions. She said those are two separate things and the Council has been provided by the City Attorney with those reports that relates to alcohol and convictions.

Attorney Whitaker said he understands that and said in that regard, he would like to address the alcohol beverage card violations. He said there were several charges where he does not feel that they were of the magnitude to warrant the revocation of the alcoholic beverage license without giving the party an opportunity or probationary period to address that issue. He said as he indicated before, it was the lease holder who participated in committing the alcohol beverage card violations. He said Mr. Weaver has addressed that by filing a dispossessory and said the club is no longer open. He said the family is asking for an opportunity to allow the daughter, Ms. Garvin an opportunity to get involved and get things straightened out.

After continued discussion on this matter, Mr. Whitaker concluded his presentation and then Ms. Garvin came forward and responded to questions of members of the Council.

City Attorney Fay said we have the Finance Department present in the Council Chambers today and said they have records showing the name of the licensee,
Mr. Weaver since 2006.

Ms. Yvonne Ivy of the Revenue Department then came forward and provided information regarding the alcoholic beverage license pointing out that it has gone through many changes and hands.

Discussion continued on this matter, with City Attorney Fay and Ms. Ivy responding to further questions of members of the Council, after which Councilor Woodson then made a motion to revoke the alcoholic beverage license. Seconded by Councilor Thomas and carried unanimously by those nine members of Council present for this meeting, with Councilor McDaniel being absent for this meeting.

City Attorney Fay pointed out that the alcohol license has been revoked and said the revocation runs for a one-year period from today’s date at this location and said there are criteria in the ordinance. He said the relatives of the licensee within the second degree of kinship cannot come and apply for a license at this location. He said it is revoked and prohibits all those close relationships from coming and applying for a license for one year.
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MAYOR’S AGENDA:

RECOMMENDED RECLASSIFICATIONS, PAY ADJUSTMENTS OR
NEW POSITIONS:__________________________________________________

Mayor Teresa Tomlinson said she is submitting her recommendations for reclassifications, new positions and pay adjustments for the proposed FY-14 budget. She said it is not provided for any action today. She said during our budget hearings last year, there were some recommended reclassifications and we had some discussion and she felt like it would be very helpful if we came up with a process through which we could take requests instead of allowing independent
Department heads to come forward and plead their case; that we would take several months, poll each department; have an application and have them to set out what positions they felt needed to be adjusted and why. She said we will have the opportunity to access the University of Georgia as a resource, and we have been meeting with the Department heads, the Finance Director, the City Manager, the Deputy City Manager that oversees that particular department and the Human Resources Department to have discussions.

She said she wanted to start early and allow you to see the draft list. She said we are still waiting on some information from the University of Georgia on some
positions, but wanted to get it to the Council so that if they have any questions or if there was anything that you wanted us to look at. She said they also provided the Council with the memo and the applications that they submitted to the department heads, as well as a spreadsheet of the many requests. She said they received many where the departments said they had no reclassifications.

After Mayor Tomlinson explained the process to the Council, she then responded to questions of members of the Council.

Discussion continued on this matter for some fifteen minutes or more, with Mayor Tomlinson and City Manager Hugley responding to further questions and concerns of members of the Council, after which some referrals were made by the Council, which is listed below.

Councilor Allen said we need to have a Work Session to talk about the process. Also, let’s go back through 2012 and look at all of those requests that were sent to the University of Georgia, the timeline of the communication with the department head, so that the Council can have an understanding of the process.

He said we can then see what went on in 2012, and have a better understanding and then when we go into the budget process we will have a better grasp of what you are presenting and will be ready to tackle the budget.

Councilor Woodson said we need to make sure that part-time positions are also being sent to the University of Georgia for review as well with regards to what the position should be as far as the pay grade.

Councilor Thomas asked if we already have the dates for the extra budget sessions that we typical do, if not, can we set those within the next couple weeks so that we can get those on our calendar.

City Manager Hugley said the budget will be presented to the Council on April 30th. He said we will do everything we possible can to begin the budget process earlier in further years.
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MINUTES OF COUNCIL MEETING: Minutes of the February 12, 2013 Council Meeting and February 12, 2013 Executive Session of the Council of the Consolidated Government of Columbus, Georgia were submitted and approved upon the adoption of a motion made by Mayor Pro Tem Turner Pugh and seconded by Councilor Woodson, which carried unanimously by those nine members of Council present , with Councilor McDaniel being absent from the meeting.
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CITY ATTORNEY'S AGENDA

THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING: ____ __________

An Ordinance (13-9) – Amending Article XXI of Chapter 2 of the Columbus Code to provide that members of the Employee Benefits Committee do not have to be residents of Columbus, Georgia; and for other purposes. Councilor Thomas moved the adoption of the ordinance. Seconded by Councilor Woodson and carried unanimously by those nine members of Council present for the meeting, with Councilor McDaniel being absent.

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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND AFTER SOME DISCUSSION WAS AMENDED AND ADOPTED BY THE COUNCIL ON SECOND READING: ___ ___________

An Ordinance (13-10) – Amending Article XX of Chapter 2 of the Columbus Code to provide that members of the Retiree Health Benefit Committee do not have to be residents of Columbus, Georgia; and for other purposes. Councilor Thomas moved the adoption of the ordinance. Seconded by Councilor Woodson.

City Attorney Fay said we have a request from Councilor Allen for a minor amendment to allow dual service on the Retiree Health Benefits Committee and other City Boards.

Councilor Allen said he received a call from Billy Watson, who currently serves on the Retirees Health Benefits Committee and he thinks that he has been asked to consider the position on the Pension Board that is a designated retiree position.
He said this would allow him to serve on both boards at the same time, since both are designated retiree boards. He said he is not exactly certain where to include the text in the ordinance; however, he has spoken with the City Attorney regarding this amendment.

City Attorney Fay said he has added a new sub-section and said a copy should have been included in the Council’s packet that will allow the dual service; which is included in Section 2 of the ordinance. He said it is ready for the Council’s approval.

Councilor Allen then made a motion to amend the ordinance. Seconded by
Councilor Barnes.

Mayor Pro Tem Turner Pugh asked City Attorney Fay if you need to put a statement in the ordinance that the residency reference is not to the other boards, only to this board.

City Attorney Fay said it is particular to this board.

Mayor Pro Tem Turner Pugh said she understands that, but since you are putting an amendment in this part of this ordinance that allows them to serve on both committees she doesn’t want anyone to mistake that we are saying that the residency requirement is still not in place on the other boards.

City Attorney Fay said we have not withstanding anything in the Code in general or any others required by the Code, it shall be permitted for this board. He said that was their standard language trying to make it specific to this committee. He said it doesn’t take away the other requirements. He said it states not withstanding those requirements for this board only, it shall be allowed. He said they can add another sentence; they don’t have a problem with that.

Mayor Tomlinson said there is a principal of law that you don’t put something in there unless there is a reason for it. She said if you do that, she thinks that you are sending the message that if there is any other ordinance out there that says there is not a residency requirement and you have not put that additional language; then, should it ever become an issue someone is going to say that you purposefully did not take the step of adding this additional redundant statement. She said it seems to her, that if this is an ordinance that says Retirees Health Benefit Committee necessarily everything that follows relates to that Committee and does not relate to anything else. She said if you start passing laws that just append random comments about it not applying to anything else, you are leaving the impression that unless those statements are there your other ordinances do apply to other things that aren’t
specified.

City Attorney Fay said that is why they prefer the standard clause.

Mayor Tomlinson said she would recommend that we not append that. She said it is the Retirees Health Benefit Committee and anything in there applies only to that ordinance. She said if you start appending things, you are going to have to append them to all of your ordinances.

Councilor Davis said he thinks the Mayor is right. He said he thinks it is very important to have these comments reflected in the minutes and what the Council is trying to accomplish; the reasoning and purpose behind it. He said with this board, and what we are doing, he thinks it does need to be stated in the minutes for future references; as stated by the Mayor so that it will be clear.

After some ten minutes of discussion on this amendment, the question was then called on the earlier motion of Councilor Allen to amend the ordinance, which carried unanimously by those nine members of Council present, with Councilor McDaniel being absent for this meeting.

The Mayor then called the question on the motion made by Councilor Thomas and seconded by Councilor Woodson to adopt the ordinance, as amended, which carried unanimously by those nine members of Council present, with Councilor McDaniel being absent for this meeting.

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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:__________________________________

An Ordinance (13-11) – Amending the Columbus Consolidated Government Pay and Classification Plan by creating a new position Custody Investigator and Judicial Review Coordinator, Grade 16 in the Juvenile Court and deleting one Administrative Secretary, Grade 10 and one part-time Support Clerk, Grade 7. Councilor Barnes moved the adoption of the ordinance. Seconded by Mayor Pro Tem Turner Pugh.

After Ms. Mary Bode, Director of the Juvenile Drug Court responded to questions of the members of Council with regards to the Department of Family & Children Services agreeing to fund the additional benefits of this position, the question was then called on the motion to adopt the ordinance, which carried unanimously by those nine members of Council present, with Councilor McDaniel being absent for this meeting.

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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED AFTER BEING AMENDED AFTER SOME DISCUSSION:_____________________________ An Ordinance (13-12) – Amending Chapter 5 of the Columbus Code so as to
provide definitions and regulations pertaining to the oversight of free roaming cats through a Community Cat Program to be administered by the Columbus Animal Care and Control; and for other purposes.

City Attorney Fay said we have a minor amendment to this ordinance to allow the Animal Care & Control to be fully designated in the ordinance, as well as in Part 27, Definitions, it will state Columbus Animal Care & Control or its designated community Cat rescue. He then asked for a motion to amend the ordinance as stated. Councilor Allen so moved. Seconded by Mayor Pro Tem Turner Pugh.

Councilor Woodson said there were several issues that were raised in the emails sent regarding this matter and then asked for clarification on this amendment.

Director of Public Works Pat Biegler came forward and said she is not sure of all of the issues that were raised in the emails, but said the amendment was done at her request. She said she has been discussing this with the Assistant City Attorney and said that their intent has always been that people who step forward and want to be caretakers for a cat colony would register through them or a secondary agency. She said there are some people who don’t want their names out there in public records and would prefer to work with a group and there are others who are very willing to step forward and say they want to have a colony.

She said what they discovered in discussing this after the first reading was that we weren’t allowing the option of someone to step forward and sign up as a colony caretaker directly with the shelter and that has always been their intent; so they wanted to clarify the language to make sure that they had options because they wanted the maximum flexibility in moving forward with this program.

Mayor Tomlinson said the point of the cat colony is to reduce the cat population. She said she can give a personal testimony in this regard. She said she was an unwilling caretaker of a cat colony because the people across the street from her were feeding cats and there came to be a colony of sixty-five cats that lived across the street. She said now there are three cats in that cat colony because the kittens were taken and found homes. She said they were trapped and taken in and if they were diseased; they were euthanized. She said if they were not diseased, then they were fixed, had vaccinations and returned to the colony; which actually helps to keep the population down. She said the lifespan of a Feral cat is about five years.

She said this has been going on for years in other communities that have radically reduced their feral cat populations, but said if we continue on ignoring the problem, what happens is good hearted people that loves animals, which sometimes is our older individuals, loves the company, they will feed them and they will increase. She said we need to step up and realize that people are going to
feed animals and that it is very difficult to stop them from feeding animals; so, we have to have an organized way to say that if you do, you are going to have to be a certified cat colony and will have to follow these particular guidelines which will ultimately reduce the populations and we will not have the rates that we currently have in our facility.

Ms. Biegler then responded to further concerns of Councilor Woodson with regards to the email that was sent to members of the Council regarding the cat community.

City Attorney Fay said from a liability standpoint, the control of animals by a county government, dogs or cats, and if the county institutes a program, Georgia county governments are protected by county amenity under Georgia law. He said this will not add or detract from the county’s liability.

Mayor Tomlinson said we have some additional information if the Council needs some more information. She said Mr. Tom Bryan is a long time animal advocate; and whose wife it was taught her how to tend to the 65 cat colony that was across the street from where she lives. She said a lot of that information was old myths; that people haven’t thought for some time.

Councilor Davis then made a motion to adopt the ordinance as amended. Seconded by Councilor Woodson.

Councilor Allen said the main question that he has is regarding the education of the public. He said children will not readily approach another type of animal, but said if they see a kitten, they will go and pick up that kitten; and even most adults will pick up a kitten. He said if a child approaches a kitten that has rabies, they are in for a long medical procedure. He then asked what are we going to do to educate the public that if they run across a feral cat colony or just a strange cat in general, what steps you should take.

Ms. Biegler said if it’s a colony, it is already going to be spaded, neutered and have received shots, which is one of the benefits of this program. She said if it’s not a colony, they exist out there now. She said we will be having brochures, having Education sessions, doing a lot of work with the public, as well as having things on CCG-TV and talking about the cat colonies, what we are doing and how to do it. She said this will reduce that problem, not increase it.

Councilor Allen said he is in favor of the ordinance, but he just wants to know what the educational component is; are we going to be using CCG-TV or doing public service announcements.

Ms. Biegler said we will be doing some brochures, using CCG-TV, going out and speaking to various groups. She said they already do some speaking in the schools, on how to deal with animals for children and we are hoping to keep increasing that educational piece of animal control, for cats and dogs, as well as wild animals. She said they are going to keep moving forward on increasing their educational efforts.

Councilor Allen asked how long does rabies last in an animal. He said he knows that they die from it at some point. He said if a kitten contracts it and they have already been spaded and neutered, they still can have rabies.

Ms. Biegler said if they are spayed and neutered, they will also be vaccinated. She said she don’t know enough about rabies to be able to answer Councilor Allen’s question.

Mayor Tomlinson said the vaccination for a Feral cat last for five years.

After more than twenty minutes of discussion on this matter, Mayor Tomlinson then called the question on the earlier motion of Councilor Davis, which was seconded by Councilor Woodson and then carried unanimously by those nine members of Council present for this meeting, with Councilor McDaniel being absent.

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THE FOLLOWING ORDINANCE WAS ALSO SUMBITTED AND EXPLAINED BY CITY ATTORNEY FAY AND AFTER SEVERAL MINUTES OF DISCUSSION WAS AMENDED AND ADOPTED BY THE COUNCIL:________________________________________________________

An Ordinance (13-13) – Authorizing the Municipal Court Marshal’s Office to have a forfeiture account (drug seizure account) pursuant to O.C.G.A. Section 16-13-49; designating money and currency forfeited under the Georgia controlled substance act for joint administration and use by the Municipal Court Marshal for non-budgeting drug investigative costs; establishing a procedure for release of such funds from the county treasury to an account designated for such use; specifying limits to the account established for such use and that the funds designated to the account be derived only from cases involving members of the Municipal Court Marshal’s Office; and for other purposes.

Mayor Pro Tem Turner Pugh moved the adoption of the ordinance. Seconded
by Councilor Huff.

Councilor Allen said he had asked several questions regarding this ordinance at our last Council meeting, but has not received the answers yet. He said he did talk with Marshal Countryman on last week and he said that he would be here at the meeting on today and he appreciates him doing that today.

He said he had two questions on last week; which is (1) What are the current procedures today and if this ordinance is adopted, what will be the procedures going forward.

Marshal Greg Countryman said their process and procedures has been that once they run into a seizure, they make a decision at the scene based on two things; the quantity and if they have a suspect. He said he has to caution you that the answers that he give, he want to educate Council on the process, but he has to be mindful at the same time that the people that we are taking the drug seized items from the drug dealers, he don’t want to educate them at the same time. He said a lot of this is based on the situation because they can either have a suspect or a large quantity. He said he doesn’t want to jeopardize any operation and he doesn’t want to educate too much, which is why he tried to contact Councilor Allen by telephone to address the issue.

He said he will answer any questions the Council wants, but said at the same time we must be mindful that we are taking seized items from drug dealers that are causing problems in our community and the drug seized process is part of the
procedure and that is part of the reason that they do certain things to send attention to them to let them know that it’s not going to be tolerated.

Marshal Countryman said the process has always been the same with their office; whether or not they will make an on- scene command or whether or not, they want to involve another agency to take care of the civil aspect, which will be the seizure. He said if there is a suspect, they will work the criminal part. He said if there is not a suspect, they make a decision at the scene whether or not if they want to turn over the civil part to another agency or work it on their end.

Councilor Allen then asked, if the current procedure of the Marshal’s office today, is that if they run across a situation today, they are going to call another agency in, if it warrants it. Marshal Countryman said that is correct.

Councilor Allen then said, going forward, if a situation occurs and you access the situation, and you determine that you need the assistance of another agency, you are going to call that agency in. Marshal Countryman said yes.
Councilor Allen said there is really no difference in the procedure today and the procedure going forward, to which Marshal Countryman said yes.

Marshal Countryman said they have done evictions and all of this comes solely from evictions. He said when they get a writ that does give them legal grounds to be there on the premises. He said a lot of times they have done evictions and they recognize that they were running into a meth lab based on the things they see on the outside of the house; therefore, they have to back out and call for another agency because if they go in and take ownership, interrupted by Councilor Allen.

Councilor Allen said in the proposed ordinance under Item “E” it states that the money and currency contained in the account shall be used to defray non-budgeted narcotics investigative costs as permitted under O.C.G.A. Section 16-13-49, and these funds shall supplement any funds budgeted for such purposes. He then asked Marshal Countryman if he is not interested in getting into the drug business; forming a drug agency, and etc. Marshal Countryman said he is not.

Councilor Allen said what he would like for the Council to consider is to strike through the words “narcotics investigative”, so that Item “E” would read: the money and currency contained in the account shall be used to defray non-budgeted costs as permitted under O.C.G.A. Section 16-13-49, and these funds shall supplement any funds budgeted for such purposes. He said that would give the Marshal the freedom to move them around where they need them. He said since he is not forming a drug team, he didn’t see the need to have the terms narcotics investigative.

City Attorney Fay said if you want to strike the words “narcotics investigative”
that’s okay, but said the statute still specifically applies to drug seizure, and forfeiture accounts.

City Attorney Fay, in responding to concerns of Councilor Allen said the State statute will control this whole process and resolve based on drug seizures that happens when law enforcement comes into contact with, whether the Marshal
doing an eviction or the police doing a raid. He said we can strike those few words, in the caption, on the fifth line, take out the words “drug investigative and sub-section “e”, take out the words narcotics investigative.

Councilor Allen then made a motion to amend the ordinance with the changes as stated above. Seconded by Councilor Henderson.

After continued discussion on this matter, with City Attorney Fay responding to further questions of members of Council, the question was then called on the motion to amend the ordinance, which carried unanimously by those nine members of Council present for this meeting, with Councilor McDaniel being absent.

Councilor Woodson then made a motion to adopt the ordinance as amended. Seconded by Mayor Pro Tem Turner Pugh and carried unanimously by those nine members of Council present for this meeting, with Councilor McDaniel being absent from this meeting.

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AT THE REQUEST OF MAYOR PRO TEM TURNER PUGH, THE FOLLOWING RESOLUTION WAS CALLED UP AS THE NEXT ORDER OF BUSINESS AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL: ____________ _________________

A Resolution (80-13) – Authorizing the issuance of $53,725,000 Columbus,
Georgia, Water and Sewerage Refunding Revenue Bonds, Series 2013A;
to authorize the Mayor and other officials of Columbus to take such further
actions as are necessary to provide for the sale, issuance and delivery of such
bonds for the purpose of refunding certain refunded obligations as defined
herein; to ratify the execution and delivery of a bond purchase agreement
\relating to the sale of such bonds; and for other purposes. Mayor Pro Tem Turner Pugh moved the adoption of the resolution. Seconded by Councilor Allen and carried unanimously by those nine members of Council present for this meeting, with Councilor McDaniel being absent. *** *** ***

EXECUTIVE SESSION:

Councilor Allen said he would like to request to have an executive session on litigation and said he would like to see if we could get the Chief Tax Assessor to come up and talk to the Council.

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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON EACH AS ADVERTISED, AND THE ORDINANCE AMENDED BY COUNCIL: _ _______________

An Ordinance – Rezoning property located at 5601, 5625, 5629, 5639, and 5647 Forrest Road & 2424 Woodruff Farm Road from NC (Neighborhood Commercial) for 5601 Forrest Road and 2424 Woodruff Farm Road to GC; and from SFR3 (Single Family Residential 3) for 5625, 5629, 5639, and 5647 Forrest Road Zoning District to GC (General Commercial) Zoning District. (18-CA-12-Milligan/Gibson) The proposed use is for general retail.

PROPONENTS & OPPONENTS:

Mr. Paul Gibson, Architect, with Barnes & Company Architects, 1365 Warren Williams Road, and Mr. Keith Milligan, owner of the property were both present in the Council Chambers.

Mayor Tomlinson then asked if there were any questions of the petitioners.

Mayor Pro Tem Turner Pugh said when she met with the architect, she was very pleased with the plans that they came up with; the landscape and the undisturbed natural buffer; however, she doesn’t see it listed in the ordinance.

City Manager Hugley said the petitioner has a drawing that she may be referring to; therefore, we will have them to put it on the screen.

Mr. Rick Jones, Director of the Planning Department then came forward and pointed out that the ordinance itself, the Unified Development requires
an undisturbed buffer, which is one of their options and said it is not necessary that you put it in this particular ordinance to make that happen. He said what you can do is adopt this concept as being a part of the ordinance.

Mayor Pro Tem Turner Pugh said she wants to do whatever it takes to make sure that this is done and that we don’t come back later and say that it wasn’t included in the ordinance. She said they went back and did what Council asked them to do and she was very pleased with what they have done. She said she wants to make sure that ten years from now whoever may be here sitting in this Council seat doesn’t get any telephone calls saying that you didn’t do a, b or c.

Director of Planning Rick Jones said if you are so inclined, you can incorporate this concept that they have into the ordinance. Mayor Pro Tem Turner Pugh then told City Attorney Fay whatever she needs to do, to incorporate the concept, she would like to do that.

City Attorney Fay said we will need an amendment to incorporate the site plan as a condition of the ordinance. Mayor Pro Tem Turner Pugh so moved. Seconded by Councilor Thomas and carried unanimously by those seven members of Council present at the time, with Councilors Allen and Baker being absent for this vote and Councilor McDaniel being absent for this meeting.

Mayor Pro Tem Turner Pugh said she would like to thank the architect, as well as the owner for being so cooperative.

Councilor Davis said he would also like to thank Mr. Milligan for not only taking the time and being patient and working through this project and said it is really refreshing and a pleasure to work with people like him. He said he appreciates them listening to the Council and coming back with a very nice project.

Mr. Milligan said they don’t do very many ground up projects and said that they wanted this one to be a very nice one and he would like to thank the Council for their assistance in this matter.

Mr. Gibson said he had one clarification with regards to the conditions. He said he thinks the conditions included an opaque fence along the property line, but said due to the terrain, which is dropping 40 feet from Forrest Road to Woodruff Farm, the location of that fence would be much better served along the north side of this road rather than right up on the property line. He said that will be in addition to the undisturbed buffer and further plantings along a “C” type buffer.

Mayor Pro Tem Turner Pugh said that is the reason why she was asking about the wording to be changed in the ordinance because she agrees with what they were trying to do; let the residential property line be the undisturbed natural buffer and that the opaque fence would go on the other section where the dumpsters and loading dock will be located.

She said that is the motion that she wants to make. Seconded by Councilor Barnes.

Councilor Davis speaking to Director Jones asked if it would be better to leave it to the architect and developer’s discretion in this case, to put it where it’s needed versus actually putting one out there, where it’s not needed in an area.

Mr. Jones said they have had instances where that have happened, where the topography or design may change, but said what he is hearing from the architect in this case is that where the fence can go and should be going to protect the property, the architect said to do more for noise abatement.

City Attorney Fay said we can change Condition Number Two to state that an opaque wooden fence shall be added to all areas as required by the Planning Director. He said that will take care of the fence portion.

The question was then called on the motion, which carried unanimously by those seven members of Council present at the time, with Councilors Allen and Baker being absent for this vote and Councilor McDaniel being absent for this meeting.

City Attorney Fay said that there are now two amendments in the ordinance and then asked if there were any other discussion from the petitioner or was there anyone opposed to this ordinance and wanted to be heard on the matter. There was none. City Attorney Fay said this ordinance will be voted on in two weeks.

*** *** *** EXECUTIVE SESSION:

Mayor Tomlinson, speaking to City Attorney Fay, with regards to Councilor Allen’s request for an executive session, said the Tax Assessors’ office is independent and will need their own counsel, and asked him to contact their counsel to appear with them.

*** *** *** THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND DELAYED BY THE COUNCIL AT THE REQUEST OF COMMUNITY REINVESTMENT DIRECTOR, AMY CARBAJAL: _____________________________________

An Ordinance (13-6) – Rezoning property located at 812, 818, 824, 828, 830, 832, 834, and 840 6th Avenue; 802, 806, 811, 812, 813, 815, 816, 817, 818, 819, 821, 825, 826, 827, 828, 831, 832, 834, 835, 840, and 842 7th Avenue; 800, 805, 811 and 823 8th Avenue; 711 8th Street; 618, 700, 720, 822, 824, 826, and 830 9th Street, from UPT (Uptown)/RMF2 (Residential Multifamily 2)/RO (Residential Office )/GC (General Commercial) to RMF2 (Residential Multifamily 2) Zoning District. The purpose of the rezoning is to relocate Phase I of the Booker T. Washington apartments and build approximately 100 multifamily apartments.
City Attorney Fay said we have a request for a delay by letter from Ms. Amy Carbajal, Community Reinvestment Director.

Councilor Woodson then made a motion to delay. Seconded by Councilor Barnes and carried unanimously by those nine members of Council present with Councilor McDaniel being absent for this meeting. City Attorney Fay then said that this petition will be delayed until further notice.

*** *** ***

THE FOLLOWING THREE ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND INTRODUCED ON FIRST READING: _________________________________________________

An Ordinance – Changing the official street and tax maps of the Consolidated Government of Columbus, Georgia by declaring a segment of Ivy Avenue right-of-way surplus; the segment of right-of-way located north of the north right-of-way line of Talbotton Road running northerly to the south boundary of Ashley Station Apartments as depicted by the attached map; providing that all existing utility easements of record shall remain in effect; providing appropriate width easements shall be reserved as required by the utility companies serving adjoining streets and properties for unknown utilities; authorizing the disposal of said right-of-way in accordance with Columbus Charter; repealing any conflicting ordinances and for other purposes. An Ordinance – Regulating vehicular traffic in Columbus, Georgia by establishing parking restrictions along the following street segment: Linden Point beginning at the north curb of Poplar Street and running northerly along the west/outer curb circling clockwise around the street loop along the east/outer curb and hence southerly back to the north curb of Poplar street; authorizing the installation of official traffic signs indicating said parking restrictions; repealing any conflicting ordinances and for other purposes. An Ordinance – Establishing the need for new urban service districts to encourage economic development in Columbus, Georgia and establishing a procedure for enactment of the same by the Columbus Council; to provide for temporary ad valorem tax millage rate abatement; and for other purposes.

*** *** ***

THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND AFTER SEVERAL MINUTES OF DISCUSSION WAS ADOPTED BY THE COUNCIL:_______

A Resolution (81-13) – Approving a Special Exception Use to operate an auto/truck dealership on less than 2 acres located at 1403, 1411, 1421, 1433 Manchester Expressway and 4515 Hamilton Road. The current zoning for the property is GC (General Commercial) zoning district.

Mr. Tracy Billings, 60 Ridgeview Drive, Jonesboro, Georgia came forward and said he is here today representing Dr. Adams, the property owner and US Auto Sales out of Lawrenceville, Georgia. He said they are asking for this special exception use to re-establish the car dealership at this location. He said they basically want to set it back up like it was. He said he has provided some photos of some renderings of the office building they are proposing to put on the property, as well as some photos of other dealerships that they have around the State. He said they have recently opened a dealership in Macon and would like to do the same here in Columbus, Georgia.

Councilor Davis moved approval of the resolution. Seconded by Councilor Woodson.

Councilor Allen said he thinks that the Unified Development Ordinance requires the lots to be contiguous; and all be rezoned the same and then asked, if that is what we are doing.

City Attorney Fay said this is a special exception use request because it is less than two acres of the Unified Development Ordinance. He said he is not sure if there is something else special with regards to the request and then asked Mr. Rick Jones, Planning Director to come forward.

Councilor Allen then asked, if all the property is rezoned the same, to which Director of the Planning Department Rick Jones, said yes. He said they have replatted the property to bring it back into compliance, but said it is less than two acres; which the ordinance requires us to bring it back to this Council for action.

Mr. Bobby Meadows said he has property next door to this proposed car lot and said he doesn’t really have any opposition to the car lot going into the property; however, with the changes, it seems that there is a15-feet wide alley, where there is a fence down the middle of the alley. He said it has been there for several years, since his grandparents purchased the house in 1910 and said in their proposed plan it seems that they are taking all of the 15-feet alley and leaving us any without any say so on half the alley that they have been using. He said they also have a plant area that bends over and prohibits the use of the alley. He said they also have a gate where there is a curb cut going north to Veterans which keeps them from using the alley. He said he has pictures of where he puts his car at the end of the alley and there is a metal barricade on their side of the alley, which is almost in the middle of the alley. He said he is proposing that they move their gate back about ten feet.

Mr. Rick Jones said there is an alley way there and said it is a public alley way which joins those two properties on the back side. He said they became aware of this when the plans were looked at and said there were trees shown being planted in the alley way. He said we told them that could not happen, because it was a public alley way and the trees needed to stay on their property. He said with regards to the gate in the alley way that is going to go away. He said there is no reason for them to block that alley way from that standpoint. He said to try to reassure Mr. Meadows, the trees will remain on their property and the alley way will remain open to service that property.

Discussion continued on this matter with Mr. Meadows showing a drawing which outlines where his property is located and where the barricade was located which was blocking him from going through the area. Mr. Jones also responded to further questions of members of the Council. He said if the Council would allow Ms. Carbajal to come forward and explain what she is working on towards the alley, he thinks that will alleviate a lot of the concerns that Mr. Meadows has.
Mr. Meadows said the gentlemen just agreed that he would not inhibit him; so, if that is the case, he doesn’t have any further problems with this request, if they keep their word.

Ms. Amy Carbajal, Director of the Department of Community Reinvestment also came forward and pointed out that she has received a request of Dr. Adams to go through the alley way abandonment process; and through that process, Mr. Meadows, who she has met with and gone through this process; will receive half of the alley and Dr. Adams will receive the other half, which will alleviate the problem. She said she has sent the paperwork to Dr. Adams and she is just waiting for him to complete the appropriate paperwork.

Mr. Meadows said when Dr. Adams called him last, he told him he would not allow him to drive onto his property, but said he don’t want to drive on his property, he just want to go through the alley, which is not his property.

Mayor Tomlinson then told Mr. Meadows that this abandonment process will allow him to own half of this property, and he will be allowed to drive on it because he will own half of it.

Discussion continued on this matter, with Ms. Carbajal responding to further questions of members of the Council. Ms. Carbajal said she will be glad to meet with Mr. Meadows on the site to make sure that his needs will be met.

Councilor Thomas then made a motion that we delay the resolution until the next regular Council meeting. Seconded by Councilor Barnes.

After further discussion with Council expressing their further questions and concerns and Mr. Billings responding to those questions and concerns, the Mayor then called the question on the motion to delay the resolution, which did not carry.

Councilor Woodson then made a motion to adopt the resolution. Seconded by Councilor Huff and carried unanimously by those nine members of Council present for this meeting, with Councilor McDaniel being absent for the meeting.

*** *** ***

THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR BARNES, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS MEETING, WITH COUNCILOR MCDANIEL BEING ABSENT:__________________________

A Resolution (82-13) – Opposing House Bill 176, which would significantly limit the ability of cities to regulate wireless communication towers. A Resolution (83-13) – Expressing support for passage of House Bill 143 in the
Georgia General Assembly which we return responsibility for accepting and maintaining campaign and ethics disclosure forms to county election officials.

City Attorney Fay said he has an add-on resolution that he will hold until after we go into an executive session to discuss a litigation matter.

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PUBLIC AGENDA

MS. CARLA HAWKINS, REPRESENTING LIFE LINK & AGAPE GROUP, RE: INFORMATION ON ORGAN DONATION: _______________

Ms. Carla Hawkins, an Education Specialist representing Life Link, which is a non-profit organ and tissue procurement organization dedicated to saving lives through organ and tissues donation came forward and said her role is to educate Southwest Georgia on the importance of organ donation, saving lives, prevention tools to prevent organ failure. She said there are numerous individuals who have been affected by organ donations.

She said she is asking for the support of this Council to assist them on activities that they will be bringing to the city, asking the community to come out and learn more about organ donation.

LaSaundra Robbins & Natasha Banks of the Agape Group came forward and provided information about an event that they will be hosting, an Organ Drive, which will be held on April 20th from 9:00 – 1:00 p.m. where there is a 17-year old who is in need of a heart and said they will be hosting this event for individuals to be tested to see if they can be an organ donor.

*** *** ***

PASTOR MILLIE JOHNSON, REPRESENTING THE THIRD DISTRICT NEIGHBORHOOD BUSINESS ASSOCIATION, RE: CRIME PREVENTION AND THE NEIGHBORHOOD BUSINESS ASSOCIATION’S ANNUAL MEETING: ______________________________

Pastor Mille Johnson came forward and pointed out that she is here representing the Third District Neighborhood Business Association. She pointed out that she is the current President of the Neighborhood Business Association and that they will be having the third Annual Meeting on tonight at 5:30 p.m. and she would like to encourage the Mayor and members of Council to attend that meeting. She said she would like to work with the city on strategies for crime prevention and other business endeavors for their Third District.

*** *** ***

MR. TOM BRYAN AND MR. MARTY FLOURNOY, REPRESENTING THUNDER IN THE VALLEY AIR SHOW, RE: A SCREEN VIDEO OF THIS YEAR’S AIR SHOW EVENT: __________________________________

Mr. Marty Flournoy, representing Thunder In the Valley Air Show, came forward and thanked the Mayor & Council, as well as the City of Columbus for this assistance in previous years when the air show was held here in Columbus, Georgia. He invited everyone to come out and enjoy this event, after which a short screen video of this year’s Air Show Event was shown.
----------------------------------------*** *** ***-------------------------------------

CITY MANAGER'S AGENDA:

THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL:________________________________________ ________

A Resolution (84-13) – Authorizing the execution of a Property Exchange Agreement and Addendum to Medical Office Lease Agreement for right-of-way at the corner of Talbotton Road and Hamilton Road for parking and entrance feature improvements, for the abandonment of an alley way connecting Hamilton Road and 7th Avenue to Columbus Regional Medical Center and to exchange rent for the Employee Health and Wellness Center for the value of the property. Councilor Allen moved the adoption of the resolution. Seconded by Councilor Woodson and carried unanimously by those nine members of Council present for this meeting, with Councilor McDaniel being absent.

A Resolution (85-13) – Authorizing the execution of a Quit Claim Deed to release the City's interest in the property located at 5117 - 12th Avenue purchased with CDBG funds for Affordable Housing. Columbus Housing Initiative, Inc., developed an affordable home and sold to an income qualified buyer. Councilor Woodson moved the adoption of the resolution. Seconded by Mayor Pro Tem Turner Pugh and carried unanimously by those nine members of Council present for this meeting, with Councilor McDaniel being absent.

*** *** ***
*** *** ***
DEPARTMENT UPDATE:

Community Reinvestment Director Amy Carbajal came forward and presented an update on her one-year anniversary as director, which is outlined below.

Elements of the Position

Entitlement Program
REAL EASTATE:

Ms. Carbajal said they are working to come up with some kind of inventory system.

REDEVELOPMENT:

MISCELLANEOUS:

After the conclusion of her update, Ms. Carbajal then responded to questions of members of the Council with regards to CBDG grant funding for new startup programs, down payment assistance program, as well as an inventory system, and other items which pertains to her department. The following referral was also made to Ms. Carbajal for a response back to the Council.

City Manager Hugley also responded to some questions of members of the Council regarding the funding cuts that we’ve seen recently from the Federal government.
Mayor Pro Tem Turner Pugh asked Ms. Carbajal to have the staff to come up with some ideas for setting up some kind of program for an inventory system for the property we own.

*** *** ***

EXECUTIVE SESSION:

Regarding an earlier request of Councilor Allen to go into an executive session to discuss a litigation matter, Mayor Pro Tem Turner Pugh made a motion to allow the Council to go into an executive session. Seconded by Councilor Barnes and carried unanimously by those eight members of Council present at the time, with Councilor Huff being absent for this vote.

*** *** ***

At 12:25 p.m. the regular session was adjourned to allow the Council to go into an executive session to discuss a litigation matter.

*** *** ***

At 1:16 p.m., the meeting was called back to order at which time Mayor Tomlinson pointed out that the Council met in an executive session to discuss a litigation matter, but there was no votes taken. She then called on City Attorney Fay to make some comments.

City Attorney Fay said we discussed a matter of litigation and he just distributed around the Council table, a resolution to authorize the Finance Director and the City Attorney to make payment of $159,814.55 to the law firm of Hatcher, Stubbs as attorney fees and costs in the case of Garrard versus Board of Tax Assessors. He said we need a motion to approve this resolution. Councilor Thomas so moved. Seconded by Councilor Woodson and carried unanimously by those seven members of Council present at the time, with Councilors Allen and Henderson being absent for this vote and Councilor McDaniel being absent for this meeting.

The above action approved the following resolution.

A Resolution (99-13) – Authorizing the Finance Director and the City Attorney to make payment in the amount of $159,814.55 to the law firm of Hatcher Stubbs as ordered by Judge William C. Rumer in the case of Garrard v. Board of Tax Assessors (SU-12-CV-857).

----------------------------------------*** *** ***-------------------------------------
CLERK OF COUNCIL’S AGENDA:

THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS INFORMATION FOR THE MAYOR & COUNCIL:____

Memorandum from Clerk of Council Washington, Re: Crime Prevention
Board.

(2) Memorandum from Clerk of Council Washington, Re: Housing Authority of Columbus.
(3) Biographical Sketch of Mr. Edward B. Kinner, Councilor Davis’ nominee to replace Ms. Cathy Hodge on the Planning Advisory Commission.

(4) Biographical Sketch of Mr. Frank S. Etheridge, III, Mayor Pro Tem Turner Pugh’s nominee for the position of Mr. David Johnson on the Planning Advisory Commission.

(5) Biographical Sketch of Ms. Glenda B. Culpepper, Councilor Huff’s nominee to replace Mr. Kenneth Henson on the Tree Board.

(6) Biographical Sketch of Mr. Bradley S. Jones, Councilor McDaniel’s nominee to replace Mr. Walter Wade on the Board of Zoning Appeals.

(7) Biographical Sketch of Ms. Ann H. Davis, Councilor Huff’s nominee to replace Mr. Walter Wade on the Board of Zoning Appeals.

(8) Biographical Sketch of Ms. Tamara Mayer, nominee submitted for the new position on the Land Bank Authority.

(9) Biographical Sketch of Ms. Susan Cooper, nominee submitted for the new position on the Land Bank Authority.

(10) Application of Gina Brewer to temporarily close Howard Avenue from 32nd Street to 33rd Street, on Sunday, March 24, 2013 from 12:00 p.m. to 6:00 p.m. in connection with the “Art Festival”.

*** *** ***

KEEP COLUMBUS BEAUTIFUL COMMISSION:

Clerk of Council Washington submitted a letter from Ms. Ann H. Davis resigning from her position on the Keep Columbus Beautiful Commission.
Councilor Thomas moved the letter be received with regrets and thanks for her service on the board. Seconded by Councilor Woodson and carried unanimously by those eight members of Council present at the time, with Councilor Henderson being absent for this vote and Councilor McDaniel being absent for this meeting.

*** *** ***

MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL: ________________________________________________
Airport Commission, January 23, 2013.
Animal Control Advisory Board, February 23, 2013.
Board of Tax Assessors, Nos. 06-13 & 07-13.
Convention & Trade Center Authority, December 6, 2012.
Development Authority, March 1, April 12 & May 3, 2012.
Development Authority, June 7, July 12 & August 2, 2012.
Golf Authority, January 22 & February 26, 2013.
Hospital Authority, January 29, 2013.
Housing Authority, January 17, 2013.
Keep Columbus Beautiful Commission, February 12, 2013.
New Horizons Community Service Board, April 9 & June 11, 2012.
New Horizons Community Service Board, July 9 & Sept. 10, 2012.
New Horizons Community Service Board, October 8, 2012.
Land Bank Authority, January 9, 2013.
Public Safety Advisory Committee, November 15, 2012.
Recreation Advisory Board, January 23, 2013.
Taxicab Commission, February 27, 2013.
Tree Board, June 13 & September 26, 2012.
Tree Board, December 12, 2012.

Councilor Thomas made a motion that these minutes be received Seconded by Mayor Pro Tem Turner Pugh and carried unanimously by those eight members of Council present at the time, with Councilor Henderson being absent for this vote and Councilor McDaniel being absent for this meeting.

*** *** ***

BOARD APPOINTMENTS:

BUILDING AUTHORITY OF COLUMBUS:

Clerk of Council Washington pointed out that the terms of office of
Mr. Madden Hatcher, Jr., Mr. Vincent Allen and Mr. Tyler Townsend on the Building Authority will expire on March 24, 2013 and that they are all eligible to succeed themselves for another term of office. She further pointed out that we have contacted Mr. Hatcher and Mr. Townsend and they do not want to be reappointed for another term of office.

In response to Mayor Pro Tem Turner Pugh, Clerk of Council Washington pointed out that we have put a call in to Mr. Vincent Allen as well, but was unable to make contact with him. She said we will advise Council of this information at the next regular meeting, as to whether or not he would like to continue to serve.

*** *** ***

COMMISSION ON INTERNATIONAL RELATIONS & CULTURAL LIAISON ENCOUNTERS (C.I.R.C.L.E):_______________________________

Clerk of Council Washington pointed out that the term of office of Ms.
Mattie Hall, Mr. Owen Ditchfield and Mr. Sudhir Patel expired on March 1, 2013 and they are all eligible to succeed themselves for another term of office.
She pointed out that Ms. Hall and Mr. Ditchfield have indicated that they would like to serve another term.

Mayor Tomlinson then asked if Ms. Hall would like to serve again, to which Clerk of Council Washington stated that she does wants to serve again. Mayor Tomlinson then nominated Ms. Hall for another term of office. Mayor Pro Tem Turner Pugh so moved. Seconded by Councilor Allen and carried unanimously by those eight members of Council present at the time, with Councilor Henderson being absent for this vote and Councilor McDaniel being absent from the meeting.

Councilor Woodson then nominated Mr. Ditchfield for another term of office. Clerk of Council Washington said we will bring this back at the next regular meeting for the Council’s confirmation.
COMMUNITY DEVELOPMENT ADVISORY COUNCIL:

Clerk of Council Washington pointed out that the terms of office of Ms. Kim E. Jenkins, Mr. Bernard McCrary, and Mr. Marvin Moore will expire on March 27, 2013. She further pointed out that they are all eligible to succeed themselves and these are the Mayor’s appointment. She also pointed out that they have placed a call to each of these individuals as well to determine whether or not they would like to serve another term of office, but have not been able to speak with them yet.

*** *** ***

EMPLOYEE BENEFITS COMMITTEE:

Clerk of Council Washington pointed out that five of the newly appointed positions of the Employee Benefits Committee have been filled and that we are still waiting for the nominees to be submitted for the individual to be selected by General Government Employees, and the individual to be selected by Public Safety Employees, which is expected to be submitted by the Human Resources Department at the March 26, 2013 Council meeting.

*** *** ***

EMPLOYEES’ PENSION PLAN, BOARD OF TRUSTEES:

Clerk of Council Washington pointed out that Mr. Robert Spence has resigned from his seat on the Employees Pension Board and that he represents the Retired City Employee’s Association and that they should be submitting a recommendation for the Mayor within the next week or so.

*** *** ***

LAND BANK AUTHORITY:

Clerk of Council Washington pointed out that the Land Bank Authority is recommending Ms. Tamara Mayer and Ms. Susan Cooper to fill the two new positions on their board. She further pointed out that they can be confirmed.
Mayor Pro Tem Turner Pugh so moved. Seconded by Councilor Allen and carried unanimously by those eight members of Council being present at the time, with Councilor Henderson being absent for this vote and Councilor McDaniel being absent for this meeting.

*** *** ***

PLANNING ADVISORY COMMISSION:

Clerk of Council Washington pointed out that the terms of office of Ms.
Kathleen Mason, Mr. David Johnson and Ms. Cathy Hodge on the Planning Advisory Commission will expire on March 31, 2013. She further pointed out that Ms. Mason and Mr. Johnson are eligible to succeed themselves for another term of office, but Ms. Hodge was not eligible to succeed herself.

Councilor Allen nominated Ms. Mason for another term of office to succeed herself. Mayor Pro Tem Turner Pugh also nominated Mr. Frank Etheridge, III for Mr. David Johnson’s position.

Clerk of Council Washington also pointed out that at the last meeting, Councilor Davis nominated Mr. Edward Kinner to succeed Ms. Cathy Hodge and advised that he may now be confirmed. Councilor Davis so moved. Seconded by Mayor Pro Tem Turner Pugh and carried unanimously by those eight members of Council present at the time, with Councilor Henderson being absent for this vote and Councilor McDaniel being absent from the meeting.

*** *** ***

TREE BOARD:

Clerk of Council Washington pointed out that Councilor Huff is nominating Ms. Glenda Culpepper for the at-large seat of Mr. Kenneth Henson that expired several months ago. She advised that she would bring this back at the next regular meeting for the Council’s confirmation.

*** *** ***

PLANNING ADVISORY COMMISSION:

Councilor Allen said he would like to nominate Mr. Johnson for another term of office, if he wants to serve again. Clerk of Council Washington said if he agrees to serve again, she will list him as a nominee for our next regular meeting.

*** *** ***

BOARD OF ZONING APPEALS:

Councilor Thomas said she didn’t see the Board of Zoning Appeals appointment listed on the Clerk of Council’s Agenda and asked what has happened to those appointments. She said we have two nominees for this board, but there is nothing listed on the Clerk of Council’s Agenda.

Clerk of Council Washington pointed out that she needed to do some additional research on this board and will have it listed at the next regular Council meeting.

*** *** ***

NATIONAL CIVIL WAR NAVAL MUSEUM:

Councilor Woodson said she was at the National Civil War Naval Museum on last week and said it was brought to her attention that since it was Women’s History Month, said they have a program there that she would like to inform everyone about; which is called the RB Program and it will be held at 11:00 a.m. 1000 block of Uptown Columbus.

*** *** ***


FLOOD STUDY:

Councilor Barnes said he appreciates the Mayor corresponding with Mr. Michael Burgess. He said he is really disturbed and said it has nothing to do with our government, but said for over four years now, there has been a flood study.
He said he know that we have done everything that we can to address everything that FEMA has asked. He said the problem is that there is a senior citizen who has been in her house for over forty years and he had tried to find an apartment for her because she can’t afford to pay for the flood insurance. He said there are a number of people under this program that really aren’t obligated to pay flood insurance and the plan stipulates, which has been going on for four years. He said in order to allow him to wrap his mind around this whole issue, he would like for the City Manager to have someone to provide a chronology from the time that we started this study, also provide the dates every time we have corresponded with FEMA, everything that we have asked from, as we as everything that we have responded to them; back and forth up until now.

He said we have people who are losing their homes and having to leave, and
some of them might not even have to pay flood insurance. He said under this new plan according to Michael Burgess, the insurance company can charge up to 20%
per year. He said what his plan is, is to allow the Mayor to send a letter to FEMA and said he is already compiling a list, because you have to put faces sometimes to people so that they will realize what type of hardships there are. He said there are over 520 homes in the Lindsey Creek area to include the collateral streets. He said he is sending a letter to those people that are impacted because it is ridiculous for a plan to drag on and said something has to be address.

Mayor Tomlinson said it has to go through the White House as it is similar to our Charter here. She said the Mayor is the elected official over the administrative capacities of the government; so as the President as to the Federal Government.
She said that is why our legislative delegation has been unable to help us because legislative members cannot directly contact agencies; they have to go through the White House, but said we will find a way.

Councilor Barnes said something needs to happen because people are suffering behind this plan.

Mayor Tomlinson said we may have to get our IT Department involved in this, as this is going to be a voluminous document because it goes back several years.
She said we have also gotten some complaints related to some commercial owners in the area; which she sent Councilor Barnes some information on, and said we need to get together so we can see what we can do to bring this to a close that is fair and equitable to everybody.

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NEIGHBORHOOD ASSOCIATION MEETING:

Councilor Huff said he would like to thank the City Manager and his staff.
He said they had a Neighborhood Association meeting on last night and said that Deputy City Manager Goodwin, and the METRA staff came out on last night to a meeting with Bunker Hill. He said they were very attentive to their wishes and gave them some good information on last night.
METINGS REGARDING PARKING:

Councilor Woodson said she would like to remind everyone that there are two meetings on tonight regarding parking in Uptown. She said the first meeting will be held at 5:30 p.m. and another one at 6:30 p.m. in Foley Hall of the Springer Opera House.

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EMPLOYEES MEMORIAL SERVICES:

Councilor Huff reminded the Council of the Memorial services for those city employees who have passed during this last year, which will be held on the Plaza level at 4:30 p.m.

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With there being no other business to come before the Council, Mayor Tomlinson she said would entertain a motion for adjournment. Mayor Pro Tem Turner Pugh so moved. Seconded by Councilor Allen and carried unanimously by those eight members of Council present at the time, with Councilor Henderson being absent for this vote, and Councilor McDaniel being absent for this meeting , with the time of adjournment being 1:30 p.m. (Councilor Henderson left prior to the adjournment of the Council meeting.)



Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia