City Council - 11 June 2007 Minutes
WORK SESSION OF THE
MAYOR AND COUNCIL
PRESENT:
Mayor Pro tem Mundrick, Council members Kirouac, Bomar, Dugan, and Hall
City Administrator, Department Directors, City Attorney
ABSENT:
Mayor Lasseter
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 and no action was taken.
MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
7:00 P.M. - CALL TO ORDER: Mayor Pro-tem Mundrick
INVOCATION/PLEDGE:
Mayor Pro-tem Mundrick
PLEDGE:
George Thurmond and Jack Ferguson, Sons of the
American Revolution
WELCOME RESIDENTS:
Abbott’s Pointe | Murl-Ben Estates
Troop 419 Boy Scout Lawrence Bailey earning Citizenship Badge
- CEREMONIAL MATTERS
- PROCLAMATION – NATIONAL FLAG DAY
Mayor Pro tem Mundrick presented a Proclamation to Representatives of the Piedmont Chapter of the Sons of the American Revolution, George Thurmond and Jack Ferguson, proclaiming June 14th as “National Flag Day” in the City of Duluth. Mayor pro tem Mundrick called upon citizens to join in common declaration of faith represented in the words of the Pledge of Allegiance.
- PROCLAMATION – NATIONAL FLAG DAY
- ANNOUNCEMENTS
- UPCOMING MEETINGS
Mayor pro tem Mundrick announced that the next regularly scheduled meeting of the Mayor and Council, which would be June 25th, is cancelled due to Georgia Municipal Association Annual Conference.
The next Homeowner’s Association Meeting with the City Staff will be June 14th at 6:30 p.m. and will be held at the City of Duluth Public Safety Facility located at 3276 Buford Highway. The public is invited and encouraged to attend.
There is a special-called work session of the Mayor and Council on June 18th at 6:00 p.m. at the Duluth Festival Center located at 3142 Hill Street. The public is invited to attend.
The next “Cookies with Council” Town Hall meeting will take place on July 14th from 10:00 a.m. to 12:00 noon at W. P. Jones Park, located at 3370 Pleasant Hill Road. This meeting is in an informal setting and the public is encouraged to attend and speak personally with council members. - UPCOMING EVENTS
Mayor pro tem Mundrick announced the following upcoming events for Duluth:
Friday night concerts on the Town Green are scheduled every Friday through the summer. Bands change weekly and admission is charged at the gate. Flyers available and information is on the website.
Brown Bag Lunches are every Thursday during the summer in the Town Green. Live family entertainment from 12:00 noon to 1:30 p.m, free to the public.
June 16th – “International Day” Celebration on the Town Green, 7:00 p.m. Food and entertainment, free to the public.
June 30th - “Movie Under the Stars” on the Town Green, sponsored by Star 94, featuring “Charlotte’s Web.” The movie starts at dusk and is free of charge.
Councilmember Bomar announced that season tickets for Red Clay are available for next season. For upcoming performances at the Red Clay Theatre and Second Stage, please visit the web site at http://www.redclaytheatrearts.com
- UPCOMING MEETINGS
- CONSENT AGENDA
- APPROVAL OF APRIL 30, 2007 WORK SESSION NOTES AND MAY 14, 2007 MINUTES
- WAIVER REQUEST – ROGERS BRIDGE PARK - NPT 3 DAY BREAST CANCER EVENT
[Exhibit “A”]
Approval of this item approves a request for the use of Rogers Bridge Park as a campsite from October 11 – October 14, 2007 for the NPT 3-Day Breast Cancer event at the request of organizer David Kramer. Staff recommends approval of the event, waiving section 10.5-40 of the Duluth code. The Foundation will provide the required Site Liability Insurance Policy, $250.00 deposit and approved usage agreement for the Mayor and Council. - RETENTION SCHEDULE FOR LOCAL GOVERNMENT RECORDS
Approval of this item approves the use of the “Retention Schedules for Local Government Records” as published by the GA Secretary of State Division of Archives and History which was revised in April 2007, based on the requirements of the Georgia Records Act (O.C.G.A. 50-18-90 et seq.). - ORDINANCE TO APPOINT DOWNTOWN DEVELOPMENT AUTHORITY MEMBER
[Exhibit “B”]
Approval of this item approves an ordinance to appoint Mark Gary to the Downtown Development Authority to fill the unexpired term of Bradley Carroll who is moving outside city limits, term to expire March 10, 2008. - RESOLUTION – APPOINTMENT OF ELECTION OFFICIALS [Exhibit “C”]
Approval of this resolution appoints the Chief Registrar, Superintendent of Elections, Registrar, Absentee Ballot Clerks, and Poll Manager the November 2007 Election, and sets the compensation for these appointments. - SET PUBLIC HEARINGS – TAX MILLAGE ROLLBACK
Each year, Gwinnett County Tax Assessors are required to review the assessed value of taxable property in the county. This is called a reassessment process. When the total digest of taxable property is prepared, Georgia Law requires that a rollback millage rate must be computed that will produce the same total revenue on the current year’s new digest that last year’s millage rate would have produced had no reassessments occurred.
The proposed Fiscal Year 08 budget requires a millage rate higher than the rollback millage rate. Therefore, Georgia Law requires that three public hearings be held to allow the public an opportunity to express their opinions on this tax increase. Approval of this item sets three public hearings for June 28th at 8:30 a.m., June 28th at 6:00 p.m., and July 9th at 7:00 p.m.
A motion was made by Councilmember Dugan, seconded by Councilmember Kirouac, to approve the Consent Agenda as presented.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried.
Mayor Pro tem Mundrick then issued the Oath of Office for DDA member Mark Gary. He also recognized and thanked Bradley Carroll on behalf of the City for his years of service to the City’s Downtown Development Authority Board.
- PUBLIC HEARING
- APPROVAL OF COMMUNITY PARTICIPATION PROGRAM -
COMPREHENSIVE PLAN
[Exhibit “D”]
Mayor Pro Tem Mundrick opened the public hearing.
Interim Planning Director Shelley Stiebling noted that this information has been distributed several times and that feedback is welcome.
Mr. Jerry Weitz of Jerry Weitz and Associates came forward to address the Council and requested public comments. He stated that as set forth in the Rules of the Georgia Department of Community Affairs, Chapter 110-12-1 under the Rules and Regulations of the State of Georgia, the City of Duluth must complete a Comprehensive Plan update by February 2009 in order to maintain its status as a Qualified Local Government (QLG) eligible to receive funding from certain state and federal programs. Part of the Comprehensive Plan requirement is a Community Participation Program outlining the City of Duluth's plan for ensuring meaningful public and stakeholder participation in the planning process.
Mr. Weitz outlined the program and said the Comprehensive plan was last done in 1995, and there have been some changes to the Short Term Work Program since, but there is a new process now, and some of the requirements have changed.
He further explained that the Comprehensive Plan is a 20-year “blueprint” for the future that provides goals and policies in many different areas, including land use, community facilities, transportation, economic development, natural resources, historic resources as well as housing and population trends and requirements. As of 2005, community assessment, a participation program, and community agenda are now parts of this Plan. The assessment document was satisfied through participation with Gwinnett County and other cities, whereby another consulting firm performed the data collection, mapping, etc.
Mr. Weitz said the participation component is what is before Council and the public tonight for comment. The next public hearing will be on July 9th 2007, and then they will go forward with the community agenda requirements which include policies, programs, etc. A planning intern has been assigned to assist with this portion of the program. The next steps involve various techniques, working directly with planning commission as the steering committee, conducting interviews with stakeholders.
Mayor pro tem Mundrick questioned the timing of the project, and Mr. Weitz confirmed that the Dept. of Community affairs (DCA) changed the process and all cities are due at one time. The due date has been moved to later in 2009 but Gwinnett County is intending to submit early in 2008, and we are planning to follow their schedule.
Councilmember Bomar noted that many homeowner associations (HOA’s) have their own websites which would be a good tool to disseminate more information, or send a link back to the City website as a way to reach out to more people.
Ms. Maxine Garner of 3182 Crestview Circle came forward and said she was pleased to see intentions of involving the Duluth historical Society, and suggested that involvement of other board or commission members would also be very beneficial.
Mayor pro tem Mundrick called for further comment. There being no further comments or questions, he closed the public hearing and called for a motion.
A motion was made by Councilmember Bomar, seconded by Councilmember Hall, to approve the Community Participation Program as presented.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried.
- APPROVAL OF COMMUNITY PARTICIPATION PROGRAM -
- OLD BUSINESS
- WAIVER REQUEST – SIGNAGE - DULUTH FIRST UNITED METHODIST
[postponed indefinitely]
Applicant Joshua Leonard has withdrawn his waiver request for temporary signage at Duluth First United Methodist.
A motion was made by Councilmember Kirouac, seconded by Councilmember Dugan to accept the withdrawal request of applicant and to postpone indefinitely.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried.
- WAIVER REQUEST – SIGNAGE - DULUTH FIRST UNITED METHODIST
- NEW BUSINESS
- RESOLUTION TO ADOPT “BUDGET POLICY AND PROCEDURES” [Exhibit “E”]
Bradley Carroll, Chairman of the Capital Reserve and Retirement Benefits Investment Committee came forward to explain the proposed changes. As drafted by an outside consultant and reviewed by Staff and the Capital Reserve & Retirement Benefits Investment Committee (“Investment Committee”), Council considered approving the “City of Duluth Budget Policy and Procedures” portion of the Financial Policies manual.
Currently, this function is governed by state law and internal Operating/Instructions. The recommended changes affect current procedures as follows:
Changes the minimum legal level of control from the Program Decision Package (PDP) line item level to the fund/department level as specified by Georgia State Code to allow for fewer variances.
To increase the Department Directors’ line item transfer authority within a PDP from $1,000 to $3,000.
To increase the City Administrator’s line item transfer authority within a PDP from $2,500 to $10,000 or 1% of the non-personnel PDP total, whichever is greater.
Gives the City Administrator the authority to transfer between PDP’s of $5,000 or less for non-personnel line items only, provided that neither funds transferred in or out of a PDP exceeds $5,000 in one event.
All transfers made must be reported to the elected officials via weekly report.
Mayor pro tem Mundrick confirmed that all personnel/salary line item changes will still require approval by Mayor and Council.
A motion was made by Councilmember Dugan, seconded by Councilmember Hall to approve the resolution to adopt the “City of Duluth Budget Policies and Procedures Manual” as presented.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried. - ORDINANCE - CITY OF DULUTH FISCAL YEAR 2007 BUDGET ADOPTION
[Exhibit “F”]
City Administrator Phil McLemore presented the Fiscal Year 2008 Budget during a public hearing held on May 14, 2007. The Mayor pro tem and Council considered an ordinance to adopt the FY08 City of Duluth operating budget as presented, with stated revenues based on a millage rate of 5.191. The total budget figure is $43,943,744. Prior year reserves in the amount of $2,283,000 are coming forward to balance expenditures. The computations of the tax millage “rollback” requires three public hearing to gather input from citizens before the final millage rate is determined. The three public hearing dates are Thursday June 28th 2007 8:30 am., Thursday June 28th at 6:00 pm., and Monday July 9th at 7:00 p.m. All citizens are encouraged to provide either written comments or to attend one or all hearings. All hearing will be held at the Duluth City Hall Council Chambers located at 3578 W. Lawrenceville Street, Duluth, Ga. 30096.
Mr. McLemore reported that due to unforeseen circumstances the remaining SPLOST fund balance in the FY07 budget CIP ST-32-07, line item 720-422154184 in the amount of $42,988.62 be carried forward to the FY08 Budget CIP ST-32-07, line item 720-422154184 making the total $142,988.62 in SPLOST funds for Street Resurfacing projects.
Council member Bomar noted that in late October 2007, the City to come back with proposal from the Parks and Recreation Board offering a budget amendment for the installation of playground equipment in Taylor Park.
A motion was made by Council member Kirouac, seconded by Council member Bomar to approve the Ordinance adopting the FY08 City of Duluth operating budget as presented and to further authorize the carry forward of 2001/2005 SPLOST funds in the amount of $42,988.62 from CIP ST-32-07 line item 720-422154184 to the FY08 Budget CIP ST-32-08 line item 720-422154184.
Those voting for: Council members Kirouac, Bomar, Dugan, and Hall
Motion carried. - BID AWARD AND CONTINGENCY REQUEST - HVAC AT RED CLAY THEATRE
The Mayor pro tem and Council considered accepting a bid from Frazier Service Co. Inc. for HVAC work at the Red Clay Theatre in the amount of $9,047 for the installation of a 5 ton air conditioning unit and duct work. Other proposals received were for two 3 ton units by Shumate Mechanical for $17,690 and a 15 ton unit from CB Summer Construction for $36,000. If approved, funds are recommended to come from the contingency account.
City Administrator explained that the Theatre may require additional unit if the five ton unit is not large enough to cool the facility.
A motion was made by Council member Bomar, seconded by Councilmember Kirouac to approve awarding the bid to Frazier Service Co. for HVAC work at the Red Clay Theatre, not to exceed $9,047 and further approve the Contingency request of $10,000 to be transferred to account to GG-08 Emergency Repairs line item 100-921-156554194.
Those voting for: Council members Kirouac, Bomar, Dugan, and Hall
Motion carried. - BID AWARD – LANDSCAPING FOR CITY PROPERTIES [Exhibit “G”]
Based on staff analysis of bid submissions, the recommended bid awards are as follows:
Bunten Park: Finish Line Landscape- $71,999.80
PIB Medians: A&A Landscape- $6,615
Both City Halls, Town Green, Taylor Park, Phase II: Russell Landscape Co.- $29,307
Public Safety: Imagescapes- 11,675.
Bids do not reflect extra cost that may occur for irrigation repairs and seasonal flowers; therefore, staff recommends leaving budgeted amount previously presented. All other landscape contracts remain unchanged. A full listing of companies providing landscape service in FY08 is attached as well as the comparison summary.
Council member Bomar requested that the City consider during the next bid cycle to combine more areas. She also reported her concern as to the condition of the town green areas and directed staff to be very adamant about ensuring that the maintenance is monitored closely. Ms. Bomar stated that the citizens deserve a beautiful maintained town green.
A motion was made by Council member Hall, seconded by Council member Dugan to approve the awarding of landscaping bids as presented.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried. - ORDINANCE TO AMEND THE DULUTH CODE – INVESTMENT COMMITTEE
[Exhibit “H”]
As recommended by the Capital Reserve & Retirement Benefits Investment Committee, (“Investment Committee”) staff recommends an ordinance to amend to the City of Duluth’s Code, Article VI. “Capital Reserve and Retirement Benefits Investment Committee,” Section 2-96 Duties, subsection (b), as follows:
(b) The Committee shall consist of the following:
Two (2) members of the governing body.
One (1) to four (4) city residents with investment experience. May consist of up to two (2) business owners with a current City of Duluth Occupational Tax Certificate and shall consist of two city residents of whom one (1) shall be designated as an alternate. All committee members serving must have some experience with financial/investment and or employee benefits experience.
Such members shall be appointed by the mayor and council of the city to serve two-year staggered terms.
The city’s budget and accounting supervisor.
The city’s human resource manager.
These positions permanently serve on the committee.
A motion was made by Council member Bomar, seconded by Council member Hall to approve the ordinance to amend the Duluth Code as presented.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried. - ORDINANCE AND RESOLUTION – CITY OF ETHICS [Exhibit “I”]
Under consideration was an amended version of the Ethics Policy as previously approved on February 26, 2007. The City Attorney revised the ordinance upon recommendation by GMA and has included language in Article 7 to provide for due process procedures for an elected official charged with a violation of the ordinance. It also handles procedures for the filing and handling of an ethics complaint. This will replace the previous document in its entirety and will continue to require elected officials, board members and employees of the City to abide by these requirements.
City Attorney Lee Thompson came forward and explained that complaints must come in writing before council. Three council members would review, and if it was determined to be a valid complaint, it would then go to an ethics board for a hearing. The Clerk would then choose five names at random to hear the case within 60 days, with a recommendation coming back to Council and appeals process to superior court. The penalties have not changed.
Council member Bomar suggested that the terms be staggered.
Ms. Maxine Garner came forward and made comments to ensure that if a council member were the one the complaint was about, it would nullify that councilmember’s eligibility to be on the review panel. There was also a discussion on the language requiring a hearing to be held within 60 days and whether that was sufficient to force action.
Changes to the ordinance are as follows:
Article 10a – any city official or the complainant; Article 7 – a member of council will not investigate a complaint against him/herself; typo on Article 7, (b) (2) – refilling; Article 2 to state appointment in staggered terms.
A motion was made by Councilmember Bomar, seconded by Councilmember Kirouac to approve the City of Duluth Ethics Ordinance and Resolution as presented and amended and to authorize the City Clerk to have this policy included in the Human Resources Manual when complete.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried.
- RESOLUTION TO ADOPT “BUDGET POLICY AND PROCEDURES” [Exhibit “E”]
- MATTERS FROM COUNCIL/DEPT
HEADS/CITY ATTORNEY
- CONTINGENCY REQUEST - $30,000 – EMERGENCY REPAIRS
The Mayor pro tem and Council considered a contingency request in the amount of $30,000 to cover the costs of reconstructing the detention pond and repair of asphalt walking trail at Bunten Park. If approved, funds will be transferred to account 100-921-156554194, Emergency Repairs.
A motion was made by Council member Kirouac, seconded by Council member Bomar to approve Contingency not to exceed $30,000 to be transferred to GG-08 Emergency Repairs line item 100-921-156554194as presented.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried. - LINE ITEM TRANSFERS – TOTAL $41,456.97
Mayor pro tem Mundrick explained that these transfers are necessary since it is the end of the fiscal year. Council considered line item transfers as follows:
Move $6.97 from 100-304-265051110 (salaries) to 100-304-159051130 (overtime) to cover salaries for court services. (Although this is a low dollar amount, current policy states that any time salaries are concerned, approval needs to be made by the governing body.)
Move $1,800 from 100-907-156551110 (salaries) to 100-907-156551292 (benefits) to cover the costs of increased benefits for a member of the custodial staff. Upon open enrollment last November, an employee who previously carried employee + spouse coverage had a change of life event which then qualified for family coverage.
Transfer $2,000 from 906-153552139 (TBS Support) and $2,000 from 906-153552142 (software licenses) to 901-159052326 (telephone/Internet) to cover telephone/internet for the month of due to unexpected expenses with the public safety building and adding an additional T-1 line to Bunten Road Park due to dropped call issues.
Transfer $10,000 from 100-501-740051110 (salaries) to 100-502-751052121 (Consulting Engineer) engineering costs associated with the Community Development Block Grant (CDBG) – Phase II Church Street road and sidewalk improvements.
Transfer $12,850 from 100-501-740051292 (benefits) and $5,000 from 100-501-740051110 (salaries) to 100-506-426053123 (street lights) cover the shortage for street lights in CD-06 due to the continued increase in utility costs. The FY08 budget has been increased an estimated amount to accommodate this continued rise in utility costs.
Transfer $7,800 from 604-621053120 (utilities-water/irrigation) to 604-621053124 (utilities/power adm) due to higher electrical invoices for May and June at Bunten Park.
A motion was made by Council member Bomar, seconded by Council member Kirouac to approve line items transfers as presented.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried. - RECOGNITION/APPRECIATION
Council member Bomar mentioned the Habitat House project on South Street and said it was going very well, and congratulated all those involved for their efforts thus far.
Mayor Pro tem Mundrick expressed appreciation to staff and everyone for the Memorial Day services honoring Korean veterans last month.
- CONTINGENCY REQUEST - $30,000 – EMERGENCY REPAIRS
- MATTERS FROM CITIZENS
- 2008 GWINNETT NEIGHBORHOOD LEADERSHIP INSTITUTE – SHERRI HANCEL
Ms. Sherri Hancel, GNLI Advisory Board member, came forward to speak about the recruitment for Gwinnett Neighborhood Leadership Institure (GNLI) class of 2007-08. The GNLI is a nonprofit 501-© (3), developed in 1994 by the Gwinnett Coalition for Health and Human Services, as a community leadership program that trains, empowers and supports ordinary citizens and community leaders so that they can promote positive changes within their neighborhoods and communities. The purpose of the program is to develop community leaders who will assist others in understanding their government and effectively identify and address community problems. One of the most valuable components of the program is the inclusion of key decision makers and leaders from many areas of the County and Governments. These professionals present topics in their areas of expertise and share valuable information. As a requirement of graduation, students become part of a team that will implement and complete a community improvement project by the program end. The purpose of the team project is threefold:
To utilize resources and skills acquired
To deepen the sense of community among class participants through a group process;
To provide a practical, tangible and positive benefit that will have a lasting impact in the community.
Several council members have already gone through this training and felt it was very worthwhile.
Council member Bomar requested staff to consider sponsoring a citizen or staff member to become involved in this program in the FY09 budget, and also stated that she would be working with staff on developing a City of Duluth version of this leadership program.
- 2008 GWINNETT NEIGHBORHOOD LEADERSHIP INSTITUTE – SHERRI HANCEL
- EXECUTIVE SESSION – PERSONNEL
- A motion was made by Councilmember Hall, seconded by
Councilmember Bomar, to adjourn to executive session to discuss a
personnel matter at 8:30 p.m.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried.
- A motion was made by Councilmember Hall, seconded by
Councilmember Bomar, to adjourn to executive session to discuss a
personnel matter at 8:30 p.m.
- ADJOURNMENT
- A motion was made by Councilmember Bomar, seconded by
Councilmember Hall, to adjourn at 9:30 p.m.
Those voting for: Councilmembers Kirouac, Bomar, Dugan, and Hall
Motion carried.
- A motion was made by Councilmember Bomar, seconded by
Councilmember Hall, to adjourn at 9:30 p.m.