May 10, 2010 Minutes
WORK SESSION OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
MAY 10, 2010
PRESENT: Mayor Harris, Council members Bomar, Dugan, Jones, Mundrick
City Administrator, Department Directors, City Attorney
ABSENT: Council member Whitlock
A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss 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
MAY 10, 2010
Mayor Harris called the meeting to order at 7:00 p.m.
INVOCATION/PLEDGE: Councilmember Bomar
- CEREMONIAL MATTERS:
- DULUTH MIDDLE SCHOOL – ACADEMIC BOWL ACHIEVEMENTS
Council member Jim Dugan announced that the Mayor and Council were extremely proud to recognize and honor the Duluth Middle School Academic Team who on April 21, 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. There were 1,360 elementary, middle, and high school teams from 49 states and many nations (i.e.: China, Germany, Hong Kong, South Korea) who 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 School’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 13th. 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.
Duluth Middle School Academic Team coaches were Sylvia Barteaux and Linda Koch, and 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.
- DULUTH MIDDLE SCHOOL – NATIONAL JR HONOR SOCIETY OUTSTANDING SERVICE AWD
Council member Jim Dugan announced that the Mayor and Council are honored to congratulate the Duluth Middle School chapter of the National Junior Honor Society. The school was notified on April 21st that they 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,” which involved making individual gift packages for Alpha Company, 1st Battallion-121st Infantry Georgia National Guard serving in Afghanistan, for a company with close ties to Georgia. It involved the whole school bringing in personal items and holiday items which were then packaged by NJHS members, and our local VFW paid for the postage to mail these. The items were received before Christmas and the troops were delighted.
Audience member Sgt. Adam Hatfield who was home from Iraq came forward to comment that he was one of the 120 soldiers who received a care package and said how much it meant to all of them; they really appreciated the effort.
Honor Society 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.
- RECOGNITION – VICS FAMILY4TH GENERATION EAGLE SCOUTS
Mayor Pro Tem Marsha Bomar announced that the Mayor and Council were honored 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. - APPRECATION FOR SERVICE TO CITY BOARDS/COMMISSION MEMBERS
Council member Billy Jones announced that the Mayor and Council were honored 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.
- DULUTH MIDDLE SCHOOL – ACADEMIC BOWL ACHIEVEMENTS
- CONSENT AGENDA
- APPROVAL OF APRIL 12TH AND 26TH MINUTES/NOTES
- ORDINANCE TO AMEND THE DULUTH CODE – FINANCE COMMITTEE [Exhibit “A”]
Approval of this item approves an ordinance which corrects a previous amendment to the Duluth Code and clarifies which members are eligible for compensation. - ORDINANCE TO AMEND THE DULUTH CODE – FALSE ALARMS [Exhibit “B”]
Approval 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.
Fourth false alarm: $100.
Fifth false alarm: $150.
Sixth false alarm: $300.
Seventh or greater false alarm per calendar year $1,000.No fine issued for any violation under this article shall exceed $1,000.
Council member Bomar commented that the police department responded to over 3,000 false alarm calls last year and she encouraged everyone who had alarm systems to take the proper procedures to ensure they were working properly.
- AUTHORIZATION AND WAIVER – 2010 POOCHFEST
Approval 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. - RESTATED GEORGIA MUNICIPAL ASSOCIATION (GMA) 401 (A) AND 457 (B) MASTER PLANS
Approval 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. (Plans on file in the Human Resource office of the City.)
A motion was made by Councilmember Dugan, seconded by Councilmember Bomar, to approve the Consent Agenda as presented.
Those voting for: Council members Bomar, Dugan, Jones, and Mundrick
Motion carried.
- NEW BUSINESS
- CITIZEN BUDGET COMMITTEE PRESENTATION
Committee Chair Maxine Garner came forward to address the Council regarding the FY11 Citizen’s Budget Committee. She thanked the City staff and elected officials for creating the Citizens Budget Committee. Even though not everyone could attend all of the meetings, those that took time out of their schedules to participate came determined to try and help the city council and staff make some very difficult decisions. It was quickly obvious that cuts that were made in the FY10 budget reflected the city’s determination to meet the challenge of balancing the Fy11 budget.The Committee was made up of citizens from around Duluth with different incomes, ages, nationalities, both employed and unemployed, and met five 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 twice 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:
Short Term:
No merit-raises for employee in FY11
No employee Cost of Living increases
Continue hiring freeze on current vacant positions and new vacant positions (Planning Director position was not discussed)
Maintain existing health insurance ratio for employees and families at 95/85
Strongly recommended no furlough of employees
Reduce number of events at discretion of Marketing Director
Institute False Alarm Ordinance (completed this evening, estimates $20,000 in revenue)
Charge for towing illegal vehicles (Franchise Fees, estimates $5,000 in revenue)
Implement Credit Card convenience Fee
Increase the City’s property tax millage up to but not to exceed 1.5 tax millsLong Term:
Initiate a Storm Water Utility fee (estimated revenue from $250,000 – $750,000)Ms. Garner noted that 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 a long time before making a final recommendation on increasing tax millage.
She further noted that the e-mails from other committee members have other suggestions for possible long term revenue sources from committee members that were not chosen for recommendation by the group, but bear enough importance for the elected officials to review. Ms. Garner also noted that the recommendations were made based on the City maintaining a full four-month cash reserve.
No motion was required. Mayor Harris announced that the public hearing for the FY11 Budget will be held on May 24th at 7pm.
- GROUP HEALTH INSURANCE RENEWAL REPORT
Bradley Carroll, Finance Committee Chairman, came forward to state that the 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 $35 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 22%. 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.A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to approve the recommendation of the finance committee to maintain the 95/85 ratio of premium coverage, change co-pay amounts to $35.00 and institute a deductible option as recommended.
Those voting for: Council members Bomar, Dugan, Jones, and Mundrick
Motion carried. - ORDINANCE TO APPOINT ALCOHOL REVIEW BOARD MEMBER [Exhibit “C”]
Alcohol Board Chairman George Rhode came forward to report that the Alcohol Board met on April 14th and discussed the applicants who submitted applications to serve on the Alcohol Board. The Board recommends Clayton Lee to fill the alternate position.Councilmember Jones commented that he supported and recommended the other candidate Mr. Swaim to fill the position.
A motion was made by Councilmember Bomar, seconded by Councilmember Mundrick, to appoint Clayton Lee to fill the position of alternate, term ending March 31, 2012.
Those voting for: Council members Bomar, Dugan, and Mundrick
Those voting against: Councilmember Jones
Motion carried. - AUTHORIZATION FOR CONTRACT – ATS – RED LIGHT CAMERAS [Exhibit “D”]
Chief Belcher and City Attorney Steve Pereira reported on the 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.
Chief Belcher explained that the current red light camera system works well and has achieved the desired result of reducing accidents at the intersections where they are installed. However, those cameras were not generating enough revenue to pay for themselves, and when that was last reported Council decided to continue with three cameras even at a loss. Since that time, the cameras have continued to run in the negative. A new system provided by ATS can be operated at no cost to the City, since ATS will only receive the amount up to what is collected in fines. The system will also continued to reduce accidents, but offers a 24 hour recording capability that we don’t have now, and provides the ability to go back two months to review, and will not cost taxpayer dollars to operate.
The City Attorneys have been reviewing all contracts. Mr. Pereira noted that if the Mayor and Council do decide to terminate the contract for convenience the City would be responsible for the cost of the cameras. However, if the Department of Transportation did not approve the certification of a certain location, the City would not be required to pay, but any revenue that had been collected to that point would be forfeited.
Councilmember Dugan asked the ATS representative to verify that the contract covers damage to the camera billed at our expense, and said he did not see any language included regarding updating of new technology. Since this is 5 year contract, who covers the expense of newer equipment when it’s available?
The ATS representative replied that capturing violations is included but peripheral or additional services would have an additional charge.
Councilmember Bomar explained what “certification” of an intersection by the Dept. of Transportation means, which requires that accident records be studied and only intersections that meet certain thresholds of what are commonly known as “T-bone accidents” be permitted to have camera installation since the primary purpose is to improve safety.
A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to authorize the Mayor and/or City Administrator to execute five year (5) contract agreement with ATS for the installation of Red Light Cameras.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried. - DEMOLITION OF RED CLAY
Economic Development Manager Chris McGahee came forward to state that Downtown 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. Regretfully, on Wednesday, May 6th, he came to the conclusion that damage revealed by removal of the wall now exceeded the cost benefit ratio. Both he and the architects recommended complete demolition, and staff concurred. This in effect changes the Phased Construction schedule discussed in work session. Cost estimates are being secured. Council directive needed now is to proceed with full demolition and await revised recommendations from the Downtown Development Authority.Councilmember Jones referenced that there could be several possible revenue sources to accomplish this and asked that the motion include a particular funding resource.
Councilmember Bomar noted one issue is that Red Clay will be open and functional, but the bathrooms are in the portion that needs to be demolished; a suitable solution will need to be devised quickly.
A motion was made by Councilmember Bomar, seconded by Councilmember Jones, to authorize staff to proceed with the demolition of the building at a cost not to exceed $21,000 from DDA funds.
Those voting for: Council members Bomar, Dugan, Jones, and Mundrick
Motion carried.Councilmember Mundrick commented that it was very Important to examine all the opportunities of what we are building next, and he expects that the DDA will consult with city residents through outreach to the community regarding what the proper programming for the space is. He noted that the most successful projects have come from community support and pursuing what the residents would like to have.
He also said he would like to keep some of the old bricks and tin pieces to recycle or sell through the historical society, etc. The old “Duluth Brick Company” may have manufactured them and they do have sentimental value.
Councilmember Bomar asked that temporary Red Clay signage be displayed.
- CITIZEN BUDGET COMMITTEE PRESENTATION
- MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
- CONTIGENCY REQUEST – PROPERTY AND LIABILITY INSURANCE
Approval of this item transfers $39,853 from Contingency to Property/Liability Insurance line item (100-1040-1330-523100) to cover the additional premiums.City administrator Phil McLemore reported that there have been an excessive amount of frivolous lawsuits which affects this premium.
A motion was made by Councilmember Mundrick, seconded by Councilmember Jones, to approve transfer of Contingency in the amount of $39,853 as presented.Those voting for: Council members Bomar, Dugan, Jones, Mundrick
Motion carried. - LINE ITEM TRANSFER – BENEFITS
Approval 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.A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to approve, the line item transfer as presented.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick
Motion carried. - BAREFOOT IN THE PARK
Councilmember Bomar extended appreciation to staff and everyone involved with making Barefoot in Park a successful event.
- CONTIGENCY REQUEST – PROPERTY AND LIABILITY INSURANCE
- MATTERS FROM CITIZENS
- DOWNTOWN RENT REQUEST
Stacie Stamper, owner of FYI located at 3097 Main Street, requested that Council not raise the rent for downtown properties based on the contributions she has already made to renovate the space and $40,000 worth of improvements.
No action was taken. - MEMORIAL DAY EVENT
George Rhode of 3724 Clearbrooke Way came forward on behalf of Sentinels of Freedom, and thanked Council for the opportunity to participate in the Memorial Day ceremony at Bunten Park.MAYOR HARRIS ANNOUNCED THAT A WORK SESSION OF COUNCIL WOULD BE HELD UPON ADJOURNMENT IN THE MAIN STREET CONFERENCE ROOM, AND THAT THE PUBLIC WAS INVITED TO ATTEND.
- DOWNTOWN RENT REQUEST
- ADJOURNMENT
A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to adjourn at 7:50 p.m.
All for. Motion carried unanimously.
WORK SESSION NOTES
MAYOR AND COUNCIL
CITY OF DULUTH, GA
MAY 10, 2010
- SOLID WASTE CONTRACT – REPUBLIC SERVICES
Brad Martin of Republic Waste services came forward with a new proposal, which will increase the franchise fee on the bags from 7 ½ percent to 25 cents per bag no matter what size, which is expected to provide an additional $60,000 per year in revenue back to the City. He also introduced the 42-gallon size garbage bag and said they would be available shortly.Councilmember Bomar noted that she appreciated the efforts, since the firm had already been selected, the company did not have to go back and restructure costs.
The final form of the contract/addendum is being reviewed by their legal department and coming back to Republic on Friday.
- RENT REQUEST
Council was not inclined to make any changes regarding the request to keep downtown rental rates the same.
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