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March 8, 2010 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
MARCH 8, 2010

PRESENT: Mayor Harris, Council members Bomar, Dugan, Jones, 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 this evening’s agenda items.

OTHER ITEM DISCUSSED:

  1. PRIVATE RENTAL OF TOWN GREEN – DOWN SYNDROME BUDDY WALK

    The Council held a discussion concerning the Down Syndrome Buddy Walk request. The Council authorized “grandfathering in” this year’s event on a trial basis since it has been held in the Town Green without any problems or complications for the past six years. They would only be grandfathered this year until a decision on permissible numbers for private events is revisited. A discussion is scheduled for the March 22nd meeting to consider an official policy change for Town Green rental.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
MARCH 8, 2010

Mayor Harris called the meeting to order at 7:00 p.m.

INVOCATION: Council member Whitlock

PLEDGE OF ALLEGIANCE: Boy Scout Troop 846–(Sugarloaf Methodist) present to earn “Citizenship in the Community” merit badge. Scoutmasters: Steven Webster, Michael Holmes, Chris Hoover, John Clough, Ken Powers, Greg Martin, Richard Middleton. Scouts attending: Michael Armstrong, Jack Boemig, Bennett Clough, Sammy Clough, Nitant Dandekar, Alex Deal, Gregory Espy, Jordan Espy, Hunter Horde, Josh Martin, Tyler McPherson, Ryan Middleton, Alec Powers, Trey Powers, Jignesh Dama , Himesh Dama, Nikolai Gardner.

ANNOUNCEMENTS:

  1. REXALL DAY – TUESDAY

    Mayor Harris announced that Tuesday would be Rexall Day, and the Grill was celebrating by giving away free dessert.

  2. COUNCIL MEETING FORMAT CHANGE

    Council member Mundrick announced the rationale behind changing the format for the remainder of the 2010 Council meetings. The next scheduled meeting of the Mayor and Council will be a work session meeting on March 22nd, which will begin at 5:30 p.m. in the City Hall Community Room.

  3. DULUTH – MOST AFFORDABLE GA SUBURB – BUSINESSWEEK MAGAZINE

    Councilmember Bomar announced that the Bloomberg’s Business Week Magazine has named its Best Affordable Suburbs in America for 2010 and Duluth takes the prize in Georgia. “Affordability is among the most important factors when selecting a place to raise a family, but it is far from the only consideration. In too many regions, low prices also translate to substandard services, poor schools, and high crime rates,” the magazine stated. To identify those towns that offered both affordability and good quality of living, Business Week evaluated 863 communities according to a range of metrics developed with New York-based real estate data company Onboard Informatics. These include living expenses, income, crime rate, schools, commute, local economy, racial diversity, and green space. Then they selected the highest scoring place in each state and Duluth was selected.

  1. CEREMONIAL MATTERS
    1. PROCLAMATION – GEORGE ROGERS DAY
      The Mayor and Council recognized George Rogers. Mayor Harris presented Mr. Rogers with a proclamation, proclaiming March 8th 2010 as “George Rogers Day” in Duluth.
    2. PROCLAMATION – LAW DAY – MAY 1, 2010
      The Mayor and Council proclaimed May 1st 2010 as “Law Day” in Duluth. Mayor Harris presented a proclamation to Shawn Bratton of the Gwinnett Bar Association, proclaiming May 1st 2010 as “Law Day.”
  2. CONSENT AGENDA
    1. APPROVAL OF FEBRUARY 22, 2010 MINUTES
    2. RESOLUTION – GEORGIA DEPT OF TRANSPORTATION-DAVENPORT SIDEWALKS # PI 0007548
      [Exhibit “A”]
      Approval of this item authorizes the Mayor to enter into a contract with the Georgia Department of Transportation to certify the availability of funds to move forward with the letting/ construction of the Davenport Sidewalk project (P.I. Number 0007548), City CIP CD-23 Duluth Streetscape/Master Sidewalk Plan.
    3. ORDINANCE TO AMEND THE DULUTH CODE – SECTION 3-634 -LICENSED CATERERS
      [Exhibit “B”]
      Approval of this item amends the City’s Alcoholic Beverage Ordinance Section 3-634, “Licensed Caterers” by changing the requirement for a “state catering license” as well as adding language clarifying “annual permit required.”
    4. WAIVER REQUEST – SENIOR LOCK IN – BUNTEN ROAD PARK
      The Duluth High School Parent – Teacher- Student Association is planning the 9th annual high school senior lock in for Tuesday, May 25th. The annual event provides a safe environment and a multitude of activities for the graduating high school students to celebrate their graduation. PTSA representative

      Mary Buck requested a waiver of $1,515 of facility usage fees. The usage fees include rental of the entire building from 9 p.m. – May 25th until 6 a.m. of May 26th. Fees to be paid by the PTSA include:

      1. Attendant fees – $575.00 (3) attendants – (1) attendant from 9 p.m. – 6a.m. (2) attendants from 11 p.m. – 6 a.m. ($25.00 hr)
      2. Cleaning – Set up – $250.00
      3. Security Deposit – $250.00 (refundable)
      4. Police Officers – $490.00 – (2) officers from 11 p.m. – 6 a.m. @ $35.00 hr from 11 p.m. – 6 a.m.

      A site liability insurance policy must be submitted one week prior to the event naming the City of Duluth as the certificate holder. Approval of this item authorizes staff to waive the $1,515 facility usage fee for the overnight rental of the Bunten Activity Building.

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

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

  3. OLD BUSINESS
    1. ORDINANCE TO APPOINT FINANCE COMMITTEE MEMBERS [Exhibit “C”]
      The Mayor and Council considered an ordinance appointing the Finance Committee members for two year terms: Doug Mundrick (Councilmember), Bradley Carroll and new member John Moore, terms to expire March 31, 2012.

      A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to approve the ordinance of appointment as presented.

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

    2. OATHS OF OFFICE – 2010 APPOINTMENTS
      Judge Barrett administered Oaths of Office to board and commission members. Mayor Harris also thanked the board and committee members for their time and service to the City of Duluth.
  4. NEW BUSINESS
    1. ORDINANCE TO AMEND FY 10 BUDGET – $37,000 – STATE DRUG FUNDS PD-25-10
      [Exhibit “D”]
      Approval of this ordinance authorizes a budget amendment in the amount of $37,000 to the State Drug Fund account. Funds to be added to PD-25-10 fund 211, line item 3210/531603 in order to fund:

      * $6,660 for necessary upgrades and additional licenses of the Spector program for the remaining police department vehicles that have not yet been fitted with this software as part of the City’s new computer operations
      * $24,820 for five additional computers for police vehicles to complete the new CAD system that is part of the new computer operations

      o $5,520 for additional anticipated expenditures through year end.

      A motion was made by Councilmember Whitlock, seconded by Councilmember Mundrick, to approve the ordinance to amend the FY10 budget as presented.

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

      Motion carried.

      MAYOR HARRIS ANNOUNCED THAT THERE WOULD BE A WORK SESSION HELD AFTER THE MEETING IN THE MAIN STREET CONFERENCE ROOM, AND THAT THE PUBLIC WAS INVITED TO ATTEND.

  5. EXECUTIVE SESSION – REAL ESTATE, POTENTIAL/PENDING LITIGATION, PERSONNELA motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to adjourn to executive session at 7:25 p.m.

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

    After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember Mundrick, to return to regular session at 8:15 p.m.

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

  6. ADJOURNMENT
    A motion was made by Councilmember Bomar, seconded by Councilmember Mundrick, to adjourn at 8:15 p.m.
    All for. Motion carried unanimously.

POST COUNCIL MEETING
WORK SESSION AGENDA
MARCH 8, 2010

  1. CITY NEWSLETTER – PROPOSAL
    Council member Bomar requested council and staff to consider the possibilities of privatizing the City newsletter to allow for private advertising. The main concern is to protect the integrity of the publication, keep some control over the content, with the potential to be a cost savings for the City and benefit some of our city businesses, especially now that the Herald has ceased publishing in Gwinnett. Council instructed staff to work with the City Attorney to set criteria, such as holding an occupational tax in the City in order to advertise and control the content, and report back to Council with options.
  2. ALCOHOL – PERFORMING ARTS FACILITIES
    The City Attorney discussed with Council the City’s Performing Arts Facility Ordinance. Mr. Thompson explained how the ordinance was drafted initially. To qualify, an establishment must have two things. The facility itself has to get a special use permit to operate (through Planning, since it’s a zoning issue), which is limited to a two block area. Then they can apply for a performing arts facility license for alcohol.

    Council was asked if they wished to amend the ordinance to allow for licensed caterers to cater events held in the downtown theatres, or to enforce the ordinance as it is currently written. The Council directed the City Attorney and staff to enforce the ordinance as it currently stands.

    Meeting adjourned at 9:45 p.m.

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