May 10, 2010 Agenda

AGENDA
MAYOR AND COUNCIL
CITY OF DULUTH, GA
MAY 10, 2010

6:15P.M. – AGENDA REVIEW WORK SESSION Main Street Conference Room
6:45 P.M. – PHOTOS
7:00 P.M. CALL TO ORDER Mayor Harris

INVOCATION/PLEDGE: Councilmember Bomar
ANNOUNCEMENTS:

  1. DULUTH MIDDLE SCHOOL – ACADEMIC BOWL ACHIEVEMENTSOn April 21, DMS Academic Team placed first in Georgia, second in their division, and 7th overall out of 649 middle school teams in the difficult computer-based Spring Knowledge Master Open! 1,360 elementary, middle, and high school teams from 49 states and many nations (Ex.: China, Germany, Hong Kong, South Korea) participated in this international academic competition.The GATA State Middle School Tournament was held on Saturday, April 17. Teams from the top middle school academic teams across Georgia competed in 10 rounds of grueling competition. By midday, Duluth’s three teams were all in the top 15, no easy feat. Just before 5:00 P.M., Duluth Middle’s A team was awarded the enormous first place trophy. The A team members were awarded first place medals.The Duluth Middle Academic Team competed in the PAGE Academic Bowl for Middle Grades State Finals competition, which was held at Georgia College and State University in Milledgeville on March 13. The team played very well at this stringent competition. At the end of the competition, the team was awarded a silver Jefferson bowl for being first runner-up in this state competition, and all members of the team were awarded medals. Following the awards ceremony, the team attended a wonderful buffet reception.

    Duluth Middle School Academic Team members who have represented DMS at one or more of these competitions are Jack Botting, Jashith Choppara, Kishan Chudasama, Ebuka Imachukwu, Prerak Joshi, David Kamayor, Maria Matthews, Nick Pelletier, Jasmine Pillaresetti, Ronak Pipaliya, Aashna Punwani, Viral Shah, Abhi Ramachandiran, Vishnu Ramachandran,Saad Rashid, David Silverstone, Mike Wang, Mark Wang, Michael Xu, and Khalid Ziad.

  2. DULUTH MIDDLE SCHOOL – NATIONAL JR HONOR SOCIETY OUTSTANDING SERVICE AWDDuluth Middle School’s chapter of National Junior Honor Society was notified on April 21st, that they have received the National Association of Secondary School Principals’ Outstanding Service Project Award, which is given to chapters that make significant community service contributions at the local level. Each project submitted for this award is judged based on their goals and organization; service impact; involvement; and the quality and clarity of the written summary. Only five middle schools in the country received this award.Their major service project this year was “Support Our Troops.” For this project we made individual gift packages for Alpha Company, 1st Battallion-121st Infantry Georgia National Guard serving in Afghanistan. This company has close ties to Georgia and in fact, one of its members has a mother who isone of our NJHS sponsors. This project involved the whole school bringing in personal items as well as items for the holidays. NJHS then packaged them and our local VFW paid for the postage to mail these. The items were received before Christmas and the troops were delighted.

    Members are: President: Abhi Ramachandiran, Vice President: Yuki Kato, Secretary: Jasmine Pillarisetti, Treasurer: Saad Rishad, Historian: Prerak Joshi, Lauren Cole, Daniela Correa, Everett Hill, Saadman Rahman, Firas Sheikh, Rashmi Rajendran, Mark Wang, Mike Wang, Emily Backer, Nicole Hofmann, led by Sylvia Barteaux, 8th Grade PROBE Social Studies.

  3. RECOGNITION – VICS FAMILY4TH GENERATION EAGLE SCOUTSThe Mayor and Council to recognize Duluth resident Jess Vics for an amazing achievement in the world of Boy Scouts. For the first time in the United States, a family has achieved four generations of Eagle Scouts. Mr. Vics is the second generation, and he will be attending his grandson Joshua’s ceremony in Schenectady, NY this coming July. Jess is also very active in local volunteerism with Sentinels of Freedom, Kiwanis math and science mentoring programs, Through “Generation Connection.”
  4. APPRECATION FOR SERVICE TO CITY BOARDS/COMMISSION MEMBERSMayor Harris to recognize and present appreciation plaques for services to the City’s Boards and Commissions volunteers: Art Salus – Zoning Board of Appeals, Shannon Dodd – Planning Commission,
    Keith Wyatt – Alcohol Board, Helen Jones – Finance Committee.
  1. CONSENT AGENDA
    1. APPROVAL OF APRIL 12TH AND 26TH MINUTES/NOTES
    2. ORDINANCE TO AMEND THE DULUTH CODE – FINANCE COMMITTEEApproval of this item approves an ordinance which corrects a previous amendment to the Duluth Code and clarifies which members are eligible for compensation.
    3. ORDINANCE TO AMEND THE DULUTH CODE – FALSE ALARMSApproval of this item amends Article IV of the Duluth Code regarding a fine schedule for excessive false alarms which unduly burden the Duluth Police Department. Proposed penalties are as follows: Punishment up to 30 days incarceration and/or fines in the following amounts for false alarms (per calendar year):Third false alarm in any one calendar year: $ 50.00Fourth false alarm: $100.00

      Fifth false alarm: $150.00

      Sixth false alarm: $300.00

      Seventh or greater false alarm per calendar year $1,000.00

      No fine issued for any violation under this article shall exceed $1,000.00.

    4. AUTHORIZATION AND WAIVER – 2010 POOCHFESTApproval of this item waives food service requirements for the 2010 “Poochfest” per Section 26-2-370 of the Official Code of GA, which exempts food vendors from having to obtain said permits provided that the event lasts 120 hours or less. It also waives signage fee and location requirements provided that the City Clerk and Public Works Director are given a list of where signs will be erected throughout the City for promotion of approved events.
    5. RESTATED GEORGIA MUNICIPAL ASSOCIATION (GMA) 401 (A) AND 457 (B) MASTER PLANSApproval of this item authorizes the Mayor to execute the GMA 401(a) and 457(b) Master Plans, and to treat post-severance compensation as eligible for routine contributions to these plans.Recent IRS guidance requires that all defined contribution pre-approved plans be restated and refilled with the IRS to ensure compliance with a federal law called the Economic Growth Tax Relief and Reconciliation Act of 2001 (“EGTRRA”). Therefore, GMA worked with its legal council to restate the 401(a) DC Master Plan as required by the applicable federal law and to make certain other design changes approved by the GMA Board of Trustees. The restated 401(a) DC Master Plan was filed with the IRS on January 25, 2006 and the IRS issued a favorable approval letter dated March 31, 2008.GMA also recently restated the GMA 457(b) Deferred Compensation Plan to incorporate Master Plan Amendments 1 and 2 (which are only required to be signed by GMA), and to reflect changes in the law under the Pension Protection Act of 2006; Heart Earnings Assistance and Relief Tax Act of 2008; Worker, Retiree, and Employer Recovery Act of 2008; and, model language promulgated by the Internal Revenue Service.

      Each city enrolled in the GMA 401(a) DC Master Plan and the GMA 457(b) Master Plan for eligible employees must adopt the restated plans.

  2. NEW BUSINESS
    1. CITIZEN BUDGET COMMITTEE PRESENTATIONCommittee Chair Maxine Garner to address the Council regarding the FY11 Citizen’s Budget Committee. The Committee was made up of citizens from around Duluth with different incomes, ages, nationalities, both employed and unemployed, and met four times during a two month period to study Duluth’s finances and proposed FY11 Budget. Since 2008, Duluth has seen over $4 million less in revenue each year due to the current economy. Employees have received no raises, cost of living increases, and paid more for Health Care. In addition, a freeze on hiring to fill vacant positions has increased the work load on all employees. A 20% reduction from all City departments was put into effect at the end of the FY09 Budget year with additional reductions in FY10.The Citizens questioned each Department Director regarding its ability to further reduce and maintain services. The Committee questioned individual budget items and went through two years of budget documents where all expenditures made by the City were disclosed. The Citizens had been asked to make recommendations on how to balance a bare bones budget that exceeded revenues by $2 million and still maintain police and other services. The Citizens finally concluded that they would recommend:No reduction in City services

      No employee merit raises

      No employee Cost of Living increases

      Continued hiring freeze

      No employee furloughs

      Maintain insurance ratio 95/85

      Reduce number of events at discretion of Marketing Director

      Institute False Alarm Ordinance

      Charge for towing illegal vehicles

      Up to a 1.5 tax millage increase

      Setting up a Storm Water Utility (long term)

      The decisions made were difficult but remarkable, displaying an understanding of the City’s finances and trust in the City. The Citizens were very much aware of the financial strain on many people within the City and deliberated long before making a final recommendation on increasing tax millage.

    2. GROUP HEALTH INSURANCE RENEWAL REPORTThe Finance Committee met on April 22, 2010 to discuss the recent 49% rate increase proposal by Blue Cross/Blue Shield for employee medical insurance. Matt Bidwell, the City’s Insurance broker from MIS Benefits, Inc., was present, and led the discussion of the reasons for this large rate increase, as well as presenting several options for the City to consider. After discussion, the Finance Committee voted to recommend to Council that the City remain with Blue Cross/Blue Shield coverage, to institute a $1,000 individual/$3,000 family deductible, to change the office visit co-pay amount to $25 for any doctor visit, and to continue to pay 95% of the employee cost and 85% of dependent cost for the medical insurance. The deductible will apply for any treatment where the office visit co-pay does not; such as outpatient testing (MRI/CT Scan, etc.), off-site blood work, surgery, and hospitalization. Employees will be given the option to “buy-up” to a lower deductible by paying 100% the increased premium for this option. By instituting these changes, the rate increase will be 24%. Optional vision coverage will also be offered to the employees, with the employees paying 100% of the cost of this coverage. Staff concurs with the Finance Committee recommendation. Approval of this item authorizes the City to execute the necessary application to Blue Cross/Blue Shield to incorporate these changes in the City’s medical insurance plan.
    3. ORDINANCE TO APPOINT ALCOHOL REVIEW BOARD MEMBERAlcohol Board Chairman George Rhode will report on the recommendation to fill the vacancy.
    4. AUTHORIZATION FOR CONTRACT – ATS SERVICE AGREEMENT – RED LIGHT CAMERASChief Belcher and City Attorney Steve Pereira to report on contract negotiations with American Traffic Solutions as authorized during the April 26th work session. ATS rejected the provision in the contract that allowed the City to get out of the contract if it decided to end the Red Light Camera program. ATS asked to include a provision that requires the City to pay for the cost of installation of the equipment if the City cancels out of the contract.
    5. DEMOLITION OF RED CLAYDowntown Development Authority member Rob Ponder inspected the remaining structure after the removal of the brick façade from the Main Street side of the building. The brick façade was removed because of safety concerns. He came to the conclusion on Wednesday, May 6th, that damage revealed by removal of the wall now exceeded the cost benefit ratio. He recommends complete demolition as do the Architectural Firm of Hill Foley Rossi, and staff concurs with these recommendations. Cost estimates are being secured. This in effect changes the Phased Construction schedule discussed in work session. Council directive needed now is to proceed with full demolition and await revised recommendations from the Downtown Development Authority.
  3. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
    1. CONTIGENCY REQUEST – PROPERTY AND LIABILITY INSURANCEApproval of this item transfers $39,853 from Contingency to Property/Liability Insurance line item (100-1040-1330-523100) to cover the additional premiums.
    2. LINE ITEM TRANSFER – BENEFITSApproval of this item authorizes the transfer of $3,600 from Public Works Benefit Line Item 100-4000-4100-512100 to Custodial Benefit Line Item 100-1040-1565-512100 due to a change in staff member and benefits election.
  4. MATTERS FROM CITIZENS
  5. ADJOURNMENT