City of Duluth, Georgia

March 29, 2010 Special Called

MINUTES OF THE SPECIAL CALLED MEETING
MAYOR AND COUNCIL
CITY OF DULUTH
MARCH 29, 2010

Mayor Harris called the meeting to order at 5:30 p.m. and announced the purpose of the Special Called Meeting of the Mayor and Council is to authorize A. J. (Buddy) Welch, and Andrew J. (Andy) Welch, as legal counsel representing the cities, to sign the Stipulation and Agreement on behalf of the cities and remove the identified issues from further action in the Service Delivery Strategy (SDS) litigation process and to adjourn to Executive Session for the purpose to discuss pending/potential litigation, personnel and/or real estate matters.

PRESENT: Mayor Harris, Council member Bomar, Dugan, Jones, Mundrick and Whitlock
City Administrator, City Clerk

1. NEW BUSINESS
   1. SERVICE DELIVERY – STIPULATION AND AGREEMENT [Exhibit "A"]
      After review of the agreement, Councilmember Whitlock questioned why public safety was not included.

      Councilmember Mundrick responded that police services are still under dispute. In essence, this agreement orders the County and Cities to clear away everything that is agreed upon. In August, the areas of dispute including police, fire, transportation and short term planning will be addressed.

      Mayor Harris noted that the Judge ordered that both sides come to agreement by March 30th; Section A of the agreement lists out the services that the cities already provide and do not want the County to provide (or tax for) these services. Section B is the services that all residents are entitled to and that our taxes should be paying for.

      Councilmember Dugan questioned why Parks & Recreation was listed when we do operate our own properties and department.

      Councilmember Mundrick explained that a long time ago the voters agreed that the County can tax up to 1 mil for parks and recreation. We are providing over and above the county parks and programs, but we receive no part of that mil nor credit for our department, which is why we try to make up for that by charging more to residents for outside city limits.

      Councilmember Whitlock asked about the graffiti eradication, and whether we perform that service ourselves because the County uses only one color.

      City Administrator Phil McLemore agreed, and said that the County’s assistance program does only provide one color to cover over graffiti, whether it matches the background of the defaced property or not.

      A motion was made by Council member Mundrick, seconded by Council member Dugan to authorize A. J. And Andrew J. Welch, III, as legal counsel representing the cities, to sign the Stipulation and Agreement on behalf of the cities and to remove the identified issues from further action in the Service Delivery Strategy litigation as presented.

      Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
      Motion carried.

2. EXECUTIVE SESSION – REAL ESTATE, PENDING/POTENTIAL LITIGATION, PERSONNELA motion was made by Council member Bomar, seconded by Council member Whitlock to adjourn into Executive Session for the purpose to discuss pending/potential litigation, real estate and personnel matters.All for. Motion carried.
3. ADJOURNMENT
   A motion was made by Council member Mundrick, seconded by Council member Bomar to adjourn at 6:45 p.m.

   All for. Motion carried.