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City Council - 22 January 2007 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT:
Councilmembers Kirouac, Mundrick, Dugan, Hall
City Administrator, Department Directors, City Attorney

ABSENT:
Mayor Lasseter and Councilmember Bomar

A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss and ask questions of department directors regarding this evening’s agenda items.

No other items were discussed.

Mayor Pro Tem Mundrick called the meeting to order at 6:45 p.m.

  1. EXECUTIVE SESSION – POTENTIAL LITIGATION
    It was necessary to adjourn to Executive Session to discuss a Potential Litigation matter.

    A motion was made by Council member Hall, seconded by Council member Dugan to adjourn to Executive session for the purpose of discussing Potential Litigation matters.

    Those voting for: Councilmembers Kirouac, Dugan and Hall
    Motion carried.

After the discussion, a motion was made by Councilmember Kirouac, seconded by Councilmember Dugan, to return to regular session 7:00 p.m.

Those voting for: Councilmembers Kirouac, Dugan, and Hall
Motion carried.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

INVOCATION/PLEDGE:            Mayor Pro Tem Mundrick
WELCOME RESIDENTS:            Harris Orchards/Village at Albion Farm
Keith Chattin, Duluth resident

  1. CERMONIAL MATTERS
    1. APPRECIATION TO PLANNING DIRECTOR
      The Mayor Pro tem and Council presented a token of appreciation to Planning and Development Director Ken Suddreth who will be leaving at the beginning of February to work for the City of Smyrna. Mr. Suddreth has been the Planning Director since December 31, 1999. Councilmember Hall expressed his appreciation for all that has been done for the Planning Department and wished him well.
    2. APPRECIATION FOR COFFEE – MAIN STREET COFFEE SHOP
      Mayor Pro tem Mundrick thanked Mr. Russ Weinwurm from the new downtown coffee shop for providing the coffee. He announced that the new coffee shop opened on Main Street earlier in January and hoped that everyone would patronize the shop.
  2. CONSENT AGENDA
    1. APPROVAL OF JANUARY 8, 2007 MINUTES
    2. AUDIT REPORT – FISCAL YEAR ENDING JUNE 30, 2006
      Mayor Pro Tem Mundrick explained that City Auditor Jerry Hawkins performed the 2006 Audits for the City, Urban Redevelopment Authority and the Downtown Development Authority, and presented written findings to the Investment Committee for review. Total net assets reported as $64,747,000; net assets increased by $10,278,000; total long-term debt was approximately $20,088,000, and total investment in property and infrastructure (less accumulated depreciation) was approximately $51,474,000. On both audits, the auditor reported an unqualified/clean opinion.
    3. ACCEPTANCE OF DONATION – EZ-GO GOLF CART
      Approval of this item accepts the donation of an EZ-GO four-passenger golf cart to Mayor Lasseter from Affiniti Golf Partners with an estimated value of $3,500.
    4. ACCEPTANCE OF DONATION – TELEVISION, VCR/DVD
      The police department received a 24 inch color Samsung television and VCR & DVD player from Mr. Won S. Lee of the Korean-American Community Patrol to be used at City Hall. The value of the items is unknown. Approval of this item accepts the donation as presented.

      A motion was made by Councilmember Kirouac, seconded by Councilmember Dugan, to approve the Consent Agenda as presented.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
  3. PUBLIC HEARING
    1. WAIVER REQUEST – FLOODPLAIN MANAGEMENT – CASE W#0106
      [Exhibit “A”]
      Mayor Pro Tem Mundrick opened the public hearing for case W#0106.

      Planning and Development Director Ken Suddreth and City Attorney Lee Thompson came forward to explain the request from the owners of 3787 Sweet Bottom Drive and 3977 Sweet Bottom Drive to waive the requirements from the City’s 2001 Floodplain Management Ordinance, Code Sections 1.5.5 and 1.5.6. as there are issues with the lower basement levels in relation to the floodplain.

      Mr. Thompson gave the background information for this request. He said that during a routine audit of city records by the Federal Emergency Management Agency (FEMA), it was determined that there were two homes in SweetBottom Plantation that were not in compliance with current floodplain regulations. The homes do not have flood vents, and there were issues as to the elevation certificates contained in the files, whether these homes met the elevation requirements of the flood ordinance. He noted that there is no issue with the finished floor space in the homes, but for the basements, the bottom level cannot be below the 899 flood level. Since these properties are adjacent to floodplain, the regulations require below flood elevation basement floors to have flood vents allowing water to flow in and out if needed. The basements should also have no partitions or walls, and should be used for storing equipment or vehicles only. In both cases, there are finished areas and no vents.

      Mr. Thompson reported that in both cases, homeowners were advised that they were not in compliance, and both have filed an appeal, or as an alternative, requested a waiver of the flood ordinance. The appeal is based on the supposition that the flood ordinance does not apply to them, because SweetBottom was platted in 1982, and the City did not have a flood maintenance ordinance until 1988. They feel that they should be grandfathered for this reason.

      It is the City Attorney’s opinion that the development of the lots was platted in 1982, but that it does not apply to the structures since they were built in 2002. The buildings should come under the 2001 ordinance when the permits for these structures were issued. Mr. Thompson said there are two actions for consideration; the Mayor Pro tem and Council to first decide if the ordinance applies. If it does, then they can consider granting the waivers, and if so, decide what conditions to attach.

      The Planning Commission felt that the ordinance did apply, and therefore considered the waiver issue. They went with staff’s recommendation and felt it was appropriate to grant a waiver, since the houses were inspected upon completion, and the Certificates of Occupancy were granted. The Commission reviewed the request during its January 15, 2007 meeting and recommended that waivers be granted with conditions. Staff in is agreement with the decision of the Planning Commission and recommends that Mayor and Council grant waivers to both properties with the following conditions:

      1. a. Appellants obtain and present to the Planning and Development Director certifications from licensed engineers or architects that their basements either equalize hydrostatic flood forces on exterior walls by allowing for automatic entry and exit of floodwater or are constructed to withstand the hydrostatic forces created by a 100 year flood at the 899 feet level without significant structural damage. (As added during motion: These certifications shall be provided within 90 days of the approval of the waiver.)

      1. b. If condition 1.a. is not met, then the basements shall be used only for the limited purposes set forth in the Ordinance.

      2. Appellants sign acknowledgements and indemnification agreements with the City or any third party which memorialize their understanding and agreement that their properties are not in compliance with the City’s Floodplain Ordinance and that any resulting damage or liability which may result from this non-compliance will be the sole responsibility of the owner, and that this document be placed on the public records of Gwinnett County and be binding on future owners. (approved as proposed by Counsel for appellants.)

      3. All external HVAC condensing units or similar large external fixtures shall be located not lower than 899 feet above mean sea level unless they are securely anchored down.

      4. That any future alterations or additions to the structures be in full compliance with all flood ordinance requirements existing at the time of such alteration or additions.

      Counsel for the homeowners came forward and said that clients would be satisfied with these conditions if condition two was amended to remove the indemnification of third parties and the acknowledgement that the homes were not in compliance with Duluth’s floodplain ordinance. The attorney has proposed language for a new condition 2 which would read:

      2. Appellants acknowledge and agree to defend, hold harmless and indemnify the City and any of its employees, representatives, or officials, from any and all claims made against the City as a consequence of the approval of this waiver. This obligation shall be binding upon all successors and assigns of Appellants, and shall be recorded in the Public Deed Records of Gwinnett County, Georgia. (As added during motion: This document shall be signed by appellants and recorded within ninety days (90) of the approval of this waiver.)

      The City attorney has no objections to this recommended language. Mr. Thompson noted that this process was started through FEMA and the Department of Natural Resources (DNR), and they have been sent the recommendation, and have indicated that if the parties had flood insurance it would be acceptable to them as well.

      Mayor Pro tem Mundrick asked that a 90 day time frame be placed on the conditions as well, and Mr. Thompson felt that would be appropriate.

      [To clarify: Addition of Condition #5: That all parties must have and maintain Flood Insurance. Proof of Flood Insurance must be provided within 90 days of the approval of the waiver. The certifications in condition 1A and the indemnification agreement in condition 2 and evidence of flood insurance will also be required within 90 days of the approval of the waivers.]

      Ms. Kathy Zickert of Smith Gambrell & Russell, LLP representing Allen Sheppard, thanked staff and the City Attorney for their cooperation and felt that all had reached an acceptable compromise.

      There being no further comments or questions, Mayor Pro tem Mundrick closed the public hearing and called for a motion.

      A motion was made by Councilmember Kirouac, seconded by Councilmember Hall to approve the waivers as requested with conditions as recommended by Staff, the Planning Commission and Counsel for the homeowners, by adding verbiage “without” to Condition #1; amending conditions 1A and 2 by adding verbiage “This document shall be signed by appellants and recorded within ninety days (90) of the approval of this waiver,” and by adding Condition #5, “Parties must have and maintain Flood Insurance. Proof of Flood Insurance must be provided within 90 days of the approval of the waiver.”

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
    2. ORDINANCE TO AMEND THE DULUTH ZONING ORDINANCE/MAP
      [Exhibits “B” & “C”]

      Mayor Pro Tem Mundrick opened the public hearing to consider re-adoption of the Duluth Zoning Ordinance and Official Map of the City of Duluth, which was last re-adopted in its’ entirety on April 24, 2006 and inclusive of all amendments through October 9, 2006. The Zoning Ordinance and Zoning Map are periodically adopted in their entirety as recommended by the City Attorney.

      There being no comments or questions, Mayor Pro Tem Mundrick closed the public hearing and called for a motion.

      A motion was made by Councilmember Hall, seconded by Councilmember Dugan, to approve the ordinance to adopt the amended Duluth Zoning Ordinance and Official Map as presented.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
  4. NEW BUSINESS
    1. CONTRACT AND CONTINGENCY REQUEST - STORM DRAIN ANALYSIS /MS4 ANNUAL REPORT [Exhibit “D”]
      Mayor Pro tem Mundrick explained that an MS4 permit is issued by the Georgia Environmental Protection Division, and stands for Municipal Separate Stormwater Sewer System permit, necessary to prevent pollution into Chattahoochee River.

      In the past, Gwinnett County has held the permit themselves and performed most of the work for all areas, incorporated or unincorporated. This past year, the County has approved a stormwater utility fee, which shows as an added fee on the tax bill for all the unincorporated residents. For city residents, each city was asked whether they wanted to join the County to have them continue the work.

      Mayor Pro tem Mundrick said that a second option would be to contract with the County, and pay the cost of administering the MS4 work out of the general fund of the city. A third option is for the City to hold its own MS4 permit, and contract the work out. All cities in Gwinnett have decided to explore this option, and sent RFPs out as a collective body as suggested by the Gwinnett Municipal Association. This option appears to be the most cost effective.

      The Mayor Pro tem and Council considered an agreement with Integrated Science and Engineering (ISE) for performing storm drain analysis and the gathering MS4 annual report information, as mandated by the Georgia Environmental Protection Division (EPD) requirements on storm water management. This agreement has been reviewed and approved by City Attorney Lee Thompson.

      Councilmember Kirouac asked if the large cost for the first year was to perform the initial assessment of the system, and after that, if the money would stay here.

      Mayor Pro tem Mundrick responded yes, and that the annual maintenance cost and monitoring would be ongoing, and part of the budget process from here out. The considerations would be to have an ongoing cost with City controlling, an ongoing cost with County control, or to have Gwinnett County handle it directly and bill our citizens on property tax bills.

      Upon approval of the contract, a contingency request would be needed in the amount of $50,000 to cover stages 1-4 of the proposal for storm drain analysis and the MS4 report. The cost of stage 5 of the proposal will be budgeted in FY08 and thereafter for the annual maintenance costs.

      A motion was made by Councilmember Dugan, seconded by Councilmember Kirouac, to approve the contract with ISE as presented, and further approve contingency funds in the amount of $50,000 to be transferred to CD-06-07, 100-506425052222.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
    2. BID AWARD – AUDIT SERVICES
      The City of Duluth sent Request for Proposals to conduct the City’s audit for fiscal years 2007-2010.

      Mr. Bradley Carroll of the Investment Committee came forward and explained that the City received six bids, which were reviewed by a committee made up of the City Administrator, City Clerk, Budget Accounting Supervisor, Accounting Officer and a college intern. Three firms were voted on as having met all of the criteria, as well as meeting the anticipated growth of the City’s financials (i.e., bonds, single audit), but ranked most importantly by the ability to keep abreast of all of the new rules and regulation governing Municipal Audits including GASB 34 and the new SAS Standards 104-111.

      The Audit Committee ranked them in the following order, on the basis of cost, personnel assigned to audit, municipal audit experience and location of firm:

      Meeks & Whitaker $24,000 Atlanta
      Mauldin & Jenkins $29,900 Atlanta
      Rushton & Company $38,895 Gainesville
      Hawkins & McNair $14,195 Winder
      Greer & Associates $12,480 Albany
      Clifton, Lipford, Hardeson & Parker $21,825 Macon

      The Investment Committee reviewed the bids at their meeting on January 18, 2007 and recommended selecting Mauldin & Jenkins. Mr. Carroll also noted that they currently have several municipal clients of similar size to Duluth, and are producing award-winning financial statements.

      A motion was made by Councilmember Hall, seconded by Councilmember Kirouac, to approve selecting Mauldin & Jenkins as the City Auditor and authorize the City Administrator to execute the contract.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
    3. RETIREE HEALTH INSURANCE/RETIREMENT BENEFITS RECOMMENDATION

      The City’s Investment and Benefits Committee conducted an intensive analysis of the cost to the city to offer health insurance coverage and alternative early retirement pension benefits to City employees. Much of the discussion revolved around the linking of the retirement pension to the corresponding health insurance coverage availability so that those who wished to retire early would have the ability to do so with affordable health insurance coverage until age 65 when Medicare becomes available to them.

      Human Resource Manager Ed Johnson came forward to explain that, for several years, the option has been discussed for a reduced retirement age with full benefits. Three actuarial studies have been completed. Currently, employees can retire at age 65 with 5 years of service and as early as 55 with 10 years of service, with reduced benefits.

      Employees would now also be offered the opportunity to retire early without reduction in their pension benefits and have the ability to remain on the City’s health plans--at age 60 with 25 years of service, and at age 62 with 20 years of service. The City would contribute 100% of the additional pension cost, and 3% of the medical insurance cost of the employee, and 1.5% of the cost for the spouse, for each year of service by the employee, up to the maximum the city pays for regular full-time employees.

      The Investment & Benefit Committee recommends to Council that the city implement the combined pension and health care option. Matt Bidwell of MSI Benefits noted that the estimated cost in the highest year would be $90-100,000 adjusted for inflation in year 2020.

      A motion was made by Councilmember Dugan, seconded by Councilmember Hall, to approve the retiree health insurance/retirement benefits as recommended by the Investment Committee.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
    4. BID AWARD- MASTER PARK PLAN

      Kathy Marelle Parks & Recreation Director came forward to explain that on December 15, 2006, the City of Duluth received nine bids for developing and designing the City Park Master Plans for Taylor Park, Rogers Bridge Park, Scott Hudgens Park, W.P. Jones Park, Church Street Park and the Central City Bikeway, ranging in price from $31,500 to 240,725. The nine proposals are from the following companies: W.K. Dickson, Mactec, Precision Planning, JJ & G, HDR, Wood & Partners, Lose & Associates, BWSC, RMPK.

      Parks & Recreation Director Kathy Marelle, Sharon Powell and Nathan Humphrey evaluated all proposals and ranked the proposals based on scope of service, experience, community involvement, price value, and the Central City Bikeway. Mrs. Marelle explained that the quality of all proposals was evaluated, and ranked as follows:

      I. Experience and Reference (15%): Company Location – local, easily accessible. Master Park Plans - 5 years or more experience similar to that of the City RFP. Local Government Experience.

      II. Price (10%): Scope of Service - how did the bid price compare to the service performance of the bidder. Project performance dictated price not price dictating the project. Price Range – points were awarded to each company based on their price range with minimal points awarded to the highest price and the highest points awarded to the lowest price. Services – “In house” services versus “outsource” services.

      III. Community Involvement (30%): Surveys – types of surveys, number of questions, procedures for interpreting the surveys. (Email, newsletter, web site, flyers) Meetings – number and types of meetings, steering committees, staff meetings, board meetings, town hall meetings, public workshops. Additional points were awarded to company’s that proposed five or more meetings.

      Project Time Line – was the proposed project time line sufficient to provide opportunity for public input and completion of the project. Project Presentation – procedures for presenting project information obtained from the public.

      IV. Scope of Service (40%): Design, Development of Park Master Plans – methods and procedures for developing the park plans, the extent of performance, interpretation and presentation of information. Development of park amenities – Big community involvement factor. What was the approach for determining future park amenities? Comprehensive Park Master Plan – Standard and Quality. Did the plan meet the National Recreation and Park Association standards? Was the plan suited to meet the characteristics of our community in five to ten years?

      V. Central City Bikeway (5%): Acknowledge bikeway – Did the proposal include the bikeway?

      Plan of action – Did the proposal include a project plan of action?

      January 17, 2007, the Parks and Recreation Advisory Board evaluated all information as presented by Staff. Both recommend awarding the bid to HDR, for their proposal exceeds the scope of service with maximum community involvement, experience and references indicate similar successful projects as well as established methods to identify the unique characteristics of our community.

      Councilmember Hall asked where HDR fell in relation to cost, and Mrs. Marelle explained that they were in the middle, at approximately $75,000.

      Councilmember Dugan commented that he had recently participated in a leadership program and had received two other positive references for HDR from other cities.

      A motion was made by Councilmember Dugan, seconded by Councilmember Hall, to accept the firm of HDR, and authorize the City Administrator to enter into a contract and to further approve expenditures for this project to be paid from 2001 SPLOST in the amount of $36,500 Recreation Funds not earmarked for a particular project and the balance of $38,500 be from the 2005 SPLOST funds -“Chattahoochee River Park Trail” line item.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
    5.  ENGINEERING REPORT – WOLVERTON – RR MUSEUM ENTRANCE
      City Administrator Phil McLemore explained that Representative Brooks Coleman met with representatives of the Southeastern RR museum who are willing to agree to allow a separate line to run into the downtown, steam locomotive, for events and social happenings such as dinners, etc. They have also had discussions with the Board of Education regarding the adjacent school property.

      In a meeting held January 16th at the Parsons/Andrews facility off Buford Highway next to the Southeast RR Museum, Wolverton Engineering presented their preliminary findings on a rear entrance road from Pleasant Hill Road which was proposed to allow the closing of the rail crossing in front of Parsons/ Andrews. The meeting included Harold Mull with Georgia Dept. of Transportation regarding possible funding for the museum and to Parsons/Andrews for asphalt work. Wolverton ascertained that the proposed rear entrance road was feasible but the cost of such a road was not part of the proposed study and would require an additional contract. The cost of this additional work was submitted in the amount of $18,423. It is hoped that additional funding may be available through the DOT or perhaps future SPLOST for transportation.

      A motion was made by Councilmember Dugan, seconded by Councilmember Kirouac, to authorize the City Administrator to execute a contract agreement with Wolverton Engineering for cost estimates of road construction not to exceed $18,423 which will come from contingency funding.

      Those voting for: Councilmembers Kirouac, Dugan
      Those voting against: Councilmember Hall
      Motion carried.
    6. ORDINANCE TO AMEND THE FY07 BUDGET [Exhibit “E”]
      The Mayor Pro tem and Council considered an amendment to the FY07 budget in the amount of $7,875. The City of Duluth has contracted with the Duluth Youth Athletic Association and the Peachtree Ridge Youth Athletic Association for the use of the Bunten Road Park baseball/softball fields. Due to this agreement it will be necessary for the City to maintain the fields before, during and after the events, incurring additional maintenance expenses for sod, additional aeration, infield mix and dirt. The City will charge each association a fee of $3,937.50 for the use of the fields, so in effect there is no negative budget impact.

      A motion was made by Councilmember Kirouac, seconded by Councilmember Dugan, to approve the ordinance to amend the FY07 budget as presented.

      Those voting for: Councilmembers Kirouac, Dugan and Hall
      Motion carried.
  5. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
    1. PDP TRANSFER – $763 - POLICE DEPARTMENT
      In order to cover costs for police department radio maintenance, a PDP transfer was necessary in the amount of $763.00, to come from Police Equipment (807/3222353160) to Radio Maintenance – Police (901/321053161).

      A motion was made by Councilmember Kirouac, seconded by Councilmember Hall, to approve the PDP transfer as presented.

      Those voting for: Councilmembers Kirouac, Bomar, Mundrick,
      Dugan, and Hall
      Motion carried.
    2. CONTINGENCY REQUEST – $3,700 – BUNTEN ROAD WATER
      The Parks and Recreation Department requested contingency funds in the amount of $3,682 to cover costs associated with a water leak in Bunten Road Park. For the past several months, staff as well as a local plumbing company have been trying to track down the water leak but can not find any water running above ground. All Leak Detection, LLC was contacted to help locate the leak and they have requested installation of an isolation valve on the far side of soccer field two for a pressurized line test to locate the leak and handle repairs. All 2007 funds for water-utilities payment at Bunten have been exhausted and therefore a contingency in the amount $3,700 for PDP PK-04-2007 account # 604-621053121 Utilities Water-Tennis/Activity Building is requested.

      A motion was made by Councilmember Dugan, seconded by Councilmember Kirouac, to approve the contingency request as presented.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
    3. CONTINGENCY REQUEST – $6,300- PUBLIC SAFETY IRRIGATION LEAK
      The Mayor Pro tem and council considered a request for funds to cover costs associated with a water leak in the irrigation system at Public Safety. Public Works located several leaks as well as broken sprinkler heads and Imagescapes made the repairs. Additionally, the system was turned off for the winter months and the zones re-programmed for shorter time periods when it comes back on in the spring. A contingency in the amount $6,300 is requested to be added to account # 803-621053121.

      A motion was made by Councilmember Hall, seconded by Councilmember Dugan, to approve the contingency request as presented not to exceed $6,300.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
    4. PROPOSED PROPERTY SALE – ROMULUS DRIVE [Exhibit “F”]
      The City owns property, tax parcel 7-201-0185 that was purchased in 1963. Inquiries have come in and Staff requested authorization from Council to advertise and pursue the sale of this property.

      City Attorney Lee Thompson noted that if the City pursues this option, state law requires the City to sell through a public auction or by sealed bids. Because some of the paperwork indicates that at some point it was purchased to be used as a dump, without the City knowing whether or not it has ever been used for that purpose, there should be some environmental testing considerations by the purchaser included. A minimum amount can be accepted, as well as language included that gives the City the right to reject all bids.

      A motion was made by Councilmember Dugan, seconded by Councilmember Kirouac, to approve the sale of property located in tax parcel 7-201-018 near Romulus Drive, and authorize the City Attorney and City Administrator to prepare all legal documents for the such sale as presented with the stipulation that the property is sold “as is” and all proper notification of prior use being revealed.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
  6. EXECUTIVE SESSION – POTENTIAL LITIGATION AND PERSONNEL
    1. A motion was made by Councilmember Kirouac, seconded by Councilmember Hall, to adjourn to executive session to at 8:15 p.m.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.


      After the discussion, a motion was made by Councilmember Hall, seconded by Councilmember Kirouac, to return to regular session at 9:30 p.m.

      Those voting for: Councilmembers Kirouac, Dugan, and Hall
      Motion carried.
  7. ADJOURNMENT
    A motion was made by Councilmember Hall, seconded by Councilmember Kirouac, to adjourn at 9:30 p.m.

    All for. Motion carried unanimously.