City Council - 10 March 2008 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT: Mayor Harris, Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock
City Administrator, Department Directors, City Attorney

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.

OTHER ITEMS DISCUSSED:
Jon Erickson architect with Hill, Foley Rossi Architects presented to Council a conceptual plan for the lowering of the Council dais. Cost figures were discussed with Mathias Corporation, who projected that the cost would be approximately $25-$30,000. Council member Bomar requested a review of the original plans submitted before any further discussion.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

ANNOUNCEMENTS:
Mayor Harris announced that the Duluth Lady Cats Basketball team was among four teams who played in the final four for the State Championship and even though they did not win, said that they are winners for the City. Alisa Williams, PR and Marketing Director came forward to announce that on March 15th, the City would be hosting a “Community Appreciation Day” for its residents and host an open house for City Hall from 11am – 6pm with free food and entertainment. Mayor Harris noted that the annual “State of the City Address” would be held on Wednesday March 12th and that this event was sold out.

1. CONSENT AGENDA
   1. APPROVAL OF FEBRUARY 25, 2008 MINUTES
   2. WAIVER REQUEST – SENIOR LOCK IN – BUNTEN ROAD PARK
      The seventh annual “Duluth High School Parent/ Teacher Student Organization Senior Lock-In” is scheduled for Tuesday, May 20, 2008. Approval of this item waives $1,515 facility usage fees which include rental of the entire building from 9:00 p.m. on May 20, 2008 until 6 a.m. on May 21, 2008. Payment for the attendant fees ($575.00), cleaning fee ($250.00), Security Deposit ($250.00-refundable), and Police Security ($490.00) are still required. The Liability Insurance Policy has been submitted and is on file.
   3. AUTHORIZATION FOR AUCTION OF SURPLUS OFFICE FURNISHINGS
      Pursuant to O.C.G.A. 36-37-6 (b), the governing authority of any municipal corporation is authorized to sell personal property belonging to the municipal corporation which has an estimated value of $500 or less. Such sales may be made in the open market without advertisement and without the acceptance of bids. The estimation of the value of any such personal property to be sold shall be in the sole and absolute discretion of the governing authorities of the municipal corporation or their designated agent.
      
      As new items were furnished for City Hall, a surplus of old furnishings such as desks, shelving, chairs, and filing cabinets have been determined by the City Administrator to have an estimated value of less than $500 each. Therefore, approval of this item will authorize the City Clerk to host an onsite silent auction Friday April 4th from 8:00 a.m. to 3:00 p.m. Only cash will be accepted, and merchandise must be removed from the premises on or before 5:00 p.m. Monday, April 7th. All unsold merchandise will be disposed of through donation to a charitable organization.
   4. ORDINANCE TO APPOINT ALCOHOL REVIEW BOARD MEMBERS [Exhibit “A”]
      Approval of this item approves an ordinance to reappoint current members of the Alcohol Review Board: George Rhodes (chairman), Keith Wyatt and Luke Livingston (Alt1) for two year terms, expiring 3/31/10, and Nathan Benard, Kim Belloni and Mike Welch for one year terms ending 3/31/09.
   5. ORDINANCE TO APPOINT CONSTRUCTION BOARD OF APPEALS MEMBER [Exhibit “B”]
      Approval of this item approves an ordinance reappointing Cathy Donaldson to the Construction Board of Appeals with terms ending on March 31, 2011.
   6. ORDINANCE TO APPOINT DOWNTOWN DEVELOPMENT AUTHORITY DIRECTORS [Exhibit “C”]
      Approval of this item appoints members of the Downtown Development Authority for four year terms as follows: Ken Odum, Kathryn Willis, Mark Gary, Ed Gulessarian, Dennis Taylor, Rob Ponder, and Shelly Howard, with terms ending March, 2012.
   7. ORDINANCE TO APPOINT ETHICS BOARD MEMBERS [Exhibit “D”]
      Approval of this item reappoints current members of the Ethics Board for additional two-year terms as follows: Bill Day, Maxine Garner, Lisa Pugh, Linda Hutchinson, and Cody Moran, and also appoints Matt Reeves to this board.
   8. ORDINANCE TO APPOINT FINANCE COMMITTEE MEMBERS [Exhibit “E”]
      Approval of this item approves an ordinance to reappoint Finance Committee (formerly Capital Reserve Committee) members Bradley Carroll and Helen Jones, terms to expire March 31, 2010. Approval also appoints Jay Tutt to fill the unexpired term of Greg Whitlock (city wide) as a regular member until March 31, 2009, and appoints Susan Holland as alternate, completing the vacated seat of Jay Tutt until March 2009. It further appoints Doug Mundrick until 2010 as a member of the governing body.
   9. ORDINANCE TO APPOINT MUNICIPAL COURT JUDGES [Exhibit “F”]
      Approval of this item reappoints Kathryn Schrader and Margaret Gettle Washburn and appoints Lyle Porter as Associate Municipal Court Judges for the City of Duluth for a one year term, said terms to expire on the second Monday in March, 2009.
   10. ORDINANCE TO APPOINT MUNICIPAL COURT SOLICITORS [Exhibit “G”]
       Approval of this item re appoints Russell Bryant as Court Solicitor, and Mike Sheffield and Sandra Hicks as Associate Court Solicitors for 2008, said terms to expire on the second Monday in March, 2009.
   11. ORDINANCE TO APPOINT PARKS AND RECREATION ADVISORY BOARD [Exhibit “H”]
       Approval of this item approves an ordinance to reappoint Linda Strange and Matt Reeves for two year terms, and Matt Morris as a regular member and Jeff Cook as an alternate member of the Parks & Recreation board, terms expiring March 31, 2010.
   12. ORDINANCE TO APPOINT PLANNING COMMISSION MEMBERS [postponed]
   13. ORDINANCE TO APPOINT ZONING BOARD OF APPEALS MEMBERS [Exhibit “I”]
       Approval of this item approves an ordinance reappointing Jack Wynn and Shannon Dodd (as PC representative) as members of the Zoning Board of Appeals, terms to expire March 31, 2011.
       
       A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to approve Consent Agenda Items 1-11 and 13, and to postpone Item 12.
       Those voting for: Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock
       
       Motion carried.
2. OLD BUSINESS
   1. RESOLUTION TO AMEND ADMIN. CLASSIFICATION SCHEDULE/PAY PLAN [Exhibit “J”]
      Finance Committee Chairman Bradley Carroll came forward and presented a recommendation by the Finance Committee to approve a resolution to amend the Administrative Classification Schedule/ Salary Survey and Pay Grade Study.
      
      The 2007 Administrative Classification Schedule and Pay Plan Study conducted by Human Resources Manager Ed Johnson and reviewed by the Executive Pay Committee and the Finance Committee was presented for Council’s consideration. As part of an annual process to keep Duluth competitive, maintain a fair salary for employees, and to avoid large salary increases in any one year by staying current with the market, the study also reviews the classification of various duties performed to determine if they have been placed in the appropriate pay range compared to other cities.
      
      This year’s summary of recommendations by the Executive Pay Committee and the Finance Committee:
      
      The 16 positions were recommended to be upgraded at an annual cost of $17,161 per year.
      Recognize a new job title of “Senior Accounting Tech” (a current employee will be promoted to this new title).
      Move the City jurisdictions of Sandy Springs, Johns Creek and Milton to the primary jurisdictions.
      Increase the Pay Grade and pay the minimum pay rate of the new grade for the City Administrator’s position.
      
      Recommended changes would be implemented on July 1, 2008. The cost to implement these adjustments would be $17,161 (0.24% of employee salary and benefits), and will be figured into the FY2009 budget.
      
      Councilmember Mundrick requested clarification that the current pay grade for City Administrator position was found to be four grades lower but that the committee was only recommending a 2 grade increase.
      
      Chairman Carroll confirmed and said they were aware that the position would still be two grades behind. This proposed increase represents about $1,800 per year.
      
      Councilmember Bomar noted that if this matter is presented in a “compound” recommendation, if someone didn’t agree with part of it, then they would have to vote against the whole thing.
      
      Councilmember Dugan shared his concerns regarding item #4, that Duluth is already behind, limiting the grade increase would cause the same issue again next year.
      
      A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to approve the resolution to amend the Administrative Classification Schedule/ Salary Survey and Pay Grade Study with one change; to limit the increase in pay grade of the City Administrator’s position to one grade.
      Those voting for: Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock
      
      Motion carried.
3. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. BID AWARD – OLD METHODIST CHURCH BUILDING EXTERIOR RENOVATIONS [Exhibit “K”]
      City Administrator Phil McLemore explained that several years ago the city budgeted $150,000 for the relocation of the old church to cover moving it and sitting it on a foundation. The building was moved twice, and the City has paid rent on the support steel while awaiting engineering drawings on how to support the structure to meet current building codes.
      
      Four firms were pre-qualified, but only three companies submitted bids: Well General Contractors, CB Summer, and Mathias Corporation. Well General Contractors was the low bidder at $231,050. The scope of work included the foundation as well as all of the exterior work including new siding and insulation, new windows, new doors, new roof, brick basement and windows in the basement. Staff recommended the exterior improvements be included in order to protect the building from damages from the weather until the interior can be restored. There was also an unexpected cost of an additional $50,000 for permanent steel support beams running under the building to meet current code requirements.
      
      Mr. McLemore said that the following sources of funds could be reallocated as follows:
      
      Fund 321 15650/54.1100 Church Relocation $98,000
      
      Fund 340 516/000039113 W. P. Jones Sidewalk Match $71,578 (Project no longer exists)
      
      Fund 100 921/15654194 Emergency Repairs $61,500
      
      Total: $231,078
      
      Mr. McLemore stated that funds would also be requested in the FY09 budget to complete the inside renovations. He further explained that Jon Erickson with the architectural firm of Hill, Foley, and Rossi conducted a review, checked references of all of the bids submitted, and recommended the acceptance of the low bidder.
      
      Concerns were raised about additional expenses, funding sources and the timetable. Mr. McLemore said that a new budget process was beginning, additional revenue may come from the next SPLOST, and that he felt that Wells was anxious to start within the next 30 days.
      
      Councilmember Bomar asked if the historical society had been contacted about prioritizing projects since there are many demands on limited pool of money.
      
      Councilmember Dugan and Mayor Harris noted that this was a prior project already in process as well as safety issue.
      
      Councilmember Whitlock asked about possible grant funding. Planning & Development Director Cliff Cross responded that he was researching establishing a separate Historic Preservation Board , that by amending the ordinance, it would set standards where the Board acts on annual basis, becomes certified and in turn becomes eligible for such funding.
      
      A motion was made by Council member Mundrick, seconded by Council member Whitlock to award the contract to repair the exterior of the old church to the low bidder of Well General Contractors not to exceed $231,050 and to further appropriate funds from fund 321/15650/54.1100 Church Relocation in the amount of $98,000; transfer funds in the amount of $71,578 from Account 340 516/000039113, W. P. Jones Sidewalk Match, transfer $61,500 from fund account 100 921/15654194 Emergency Repairs to Fund 321 15650/54.1100 Church Relocation Fund and to further authorize the City Administrator or Mayor to execute the contract upon review and approval of the City Attorney.
      Those voting for: Council members Bomar, Dugan, Hall, Mundrick and Whitlock
      
      Motion carried.
4. MATTERS FROM CITIZENS
   1. Tim Herr of 3021 Creeks Fall Way came forward and requested Council’s opinion on anti-immigration HB413 and HB978.
      
      Councilmember Bomar and Mayor Harris responded that they were not completely informed on the subject and therefore did not feel prepared to comment.
      
      City Attorney Steven Pereira noted that he would discourage everyone from making public statements without reviewing the bills, and that their opinions would have no bearing as those matters would not come before this Council for their consideration.
5. ADJOURNMENT
   1. Mayor Harris announced that upon adjournment, a work session would be held in the Main Street conference room to discuss and provide specific direction on the economic development roles for the City.
      
      A motion was made by Councilmember Bomar, seconded by Councilmember Hall, to adjourn at 7:40 p.m.
      
      All for. Motion carried unanimously.