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City Council - 08 January 2007 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT:
Mayor Lasseter, Councilmembers Kirouac, Bomar, Mundrick, Dugan, Hall
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 the agenda items. No other items were discussed and no action was taken.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

6:35 P.M. - CALL TO ORDER:   Mayor Shirley Fanning-Lasseter
INVOCATION/PLEDGE:           
Rev. C. Kay Fuino, Duluth First Methodist Church Boy Scout Troop 317: (Communications Badge) John Russell Abernathy and Garrett Little
WELCOME RESIDENTS:            Heritage Walk/Towne Park Place

  1. EXECUTIVE SESSION – POTENTIAL/PENDING LITIGATION
    A motion was made by Councilmember Bomar, seconded by Councilmember Hall, to adjourn to executive session to discuss potential/pending litigation matters at 6:35 p.m.
    Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
    Motion carried.

    After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember Hall, to return to regular session at 7:05 p.m.  Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
    Motion carried.
  2. CEREMONIAL MATTERS
    1. PROCLAMATION – AUTISM AWARENESS AND COMPASSION
      Mayor Lasseter proclaimed January 8th as Autism Awareness Day.
    2. CONGRATULATIONS TO COUNCIL MEMBERS DUGAN & KIROUAC
      Mayor Lasseter announced that Jim Dugan and Doris Kirouac have earned their “Certificate of Achievement” awards for 150 hours of training from the Georgia Municipal Association through the Carl Vinson Institute of Government. They will be recognized during the awards luncheon at Mayor’s Day on Sunday, January 21st.
    3. 2006 EMPLOYEE OF THE YEAR
      Mayor Lasseter to announce that Jeff Wooten was awarded the “Employee of the Year” for 2006 as voted on by his peers. Other nominees included Alisa Williams, Carol Hill, Raul Escobar, Jason Rogers, Erichka Shadburn, Steve Walker, Jill Manders, and Police Chief Randy Belcher.
    4. APPOINTMENT OF MAYOR PRO TEMPORE
      The charter of the City of Duluth states that the Council shall elect a Councilmember to serve as the Mayor Pro tempore at the first regular meeting of each year by a majority vote. Mayor Lasseter recommended that Council member Doug Mundrick be re-appointed of the Mayor Pro tempore.
      A motion was made by Councilmember Dugan, seconded by Councilmember Hall, to appoint Council member Doug Mundrick as Mayor Pro tem for 2007.

      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall

      Motion carried.
  3. CONSENT AGENDA
    1. APPROVAL OF DECEMBER 11 AND 29, 2006 MINUTES
    2. ORDINANCE SETTING TIME AND PLACE FOR CITY COUNCIL MEETINGS AND WORK SESSIONS [Exhibit “A”]
      Approval of this ordinance sets the City Council Meetings and Work Sessions for 2007.

      Council Meetings will be held on the 2nd and 4th Mondays of every month (with the exception of May 28th-Memorial Day, June 25th for the GMA Annual Conference and December 24th) at 7:00 p.m. in the Duluth City Hall Council Chambers located at 3578 West Lawrenceville Street, Duluth, Georgia.

      Work sessions will be held at 6:30 p.m. before each regularly scheduled Council meeting at the same location. Additional work sessions may be held on the 5th Mondays of January, April, July and October at the same location. All meetings are open to the public, and the Mayor and Council welcome and encourage attendance at these meetings.

      The annual Strategic Planning session will be held March 3rd and 4th, 2007 at the Lake Lanier Emerald Point resort in Gainesville, GA.
    3. RESOLUTION - APPOINTMENT OF THE LEGAL ORGAN (NEWSPAPER)
      [Exhibit “B”]
      Approval of this item appoints the “Gwinnett Daily Post” as the City’s Legal Organ for 2007. This resolution shall not be construed to prevent the City from utilizing a newspaper of general circulation within the City of Duluth or Gwinnett County when authorized to do so by state or local law.
    4. APPOINTMENT OF LAW FIRM FOR 2007
      Approval of this item appoints the law firm of Thompson and Sweeny as the City’s legal counsel for 2007.
    5. APPOINTMENT OF 2007 ENGINEERING FIRMS OF RECORD
      Approval of this item appoints Keck & Wood, Jordan, Jones & Goulding, Pond & Company, Clark Patterson & Associates, Bron Cleveland, Mattern & Craig, Rosser International, United Consulting, Wolverton & Associates and Precision Planning as the City’s Engineering Firms of Record for 2007.
    6. ACCEPTANCE OF DONATION - $6,000 – LIVING MEMORIAL
      Approval of this item accepts a $5,000 donation from the Korean Church of Atlanta/United Methodist Church for the Living Memorial, and a $1,000 check from William Gentry, account number 352-37.1005.

      A motion was made by Councilmember Bomar, seconded by Councilmember Kirouac, to approve the Consent Agenda as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
  4. OLD BUSINESS
    1. TAD RESOLUTION REQUESTING LEGISLATION – REDEVELOPMENT POWERS
      [Exhibit “C”]

      In order to have our legislative delegation ready to approve a measure that would allow Gwinnett cities the ability to establish Tax Allocation Districts (TADs) as a tool for redevelopment, as has been discussed during Gwinnett Municipal Legislative Committee Meetings, each City must be responsible for getting their legislative delegates involved. Brooks Coleman has indicated that he will give support from our area. Approval of this item approves a resolution requesting that Representative Coleman support a referendum to be placed on a 2007 ballot as allowed by law.

      Councilmember Bomar was hopeful that Council would support the resolution, but noted that voter education would be of utmost importance since there was much confusion and misconception when this issue was placed on the County ballot last November.

      Mayor Lasseter noted that the district in question would be along Buford Highway as part of the redevelopment efforts adjacent to the downtown area.

      Councilmember Mundrick asked the City Attorney if a certain date needed to be specified for the referendum.

      City Attorney Steven Periera responded said that it was fine to state that the referendum/election would be held as set forth in the legislation.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to approve the resolution as presented.

      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
  5. NEW BUSINESS
    1. TELEPORT FRANCHISE AGREEMENT – TELECOMMUNICATIONS [Exhibit “D”]
      The Mayor and Council considered a franchise agreement with Teleport Communications pursuant to their application dated 12/5/06. Georgia Municipal Association Franchise Coordinator Ron Kuisis reviewed the agreement and recommends approval.

      A motion was made by Councilmember Dugan, seconded by Councilmember Kirouac, to approve, the franchise agreement as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
    2. BID AWARD – WASTE SERVICES [Exhibit “E”]
      The Mayor and Council considered awarding the bid for refuse and recycling collection services in the City of Duluth. Mayor Lassester noted that the “Request for Proposal” (RFP) was divided into three “schemes;” one that would allow the City to grant a franchise for everything including temporary roll-offs, one that would exclude temporary roll-offs, and one for residential service only.

      City Administrator Phil McLemore came forward to explain that four firms responded to the City’s Solid Waste RFP. The bid opening was held on December 11th, whereby proposals were submitted by three firms, and a fourth firm submitted a “no bid.” The proposals were from United Waste (current provider), Advanced Disposal, and Waste Pro. The proposals were very close, with a very small margin separating them in price. Advanced Disposal and United were the closest in figures, particularly for residential service. Given the review and analysis, Staff believes it to be in the best interest of the city an to discontinuing franchising for temporary roll offs, and therefore recommended awarding to United.

      In scheme two, where the temporary roll-offs are eliminated, United Waste is the better option; residential is $49,465 per month compared to Advanced Disposal of $68,743 per month and Waste Pro at $65,469 per month.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to award the bid for waste services to United Waste, under scheme two (2) to exclude temporary roll-offs as proposed in the RFP for solid waste services.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
  6. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
    1. LINE ITEM TRANSFER - $3,000 – PUBLIC WORKS LANDSCAPING
      The original budget figures for landscaping services at the Public Works facility were based on seasonal/periodic service, but it was later determined that monthly service is necessary. Landscaping work was scheduled to be completed at Rogers Bridge Park, but the contractor failed to perform duties in full. Park staff renegotiated and asked for reimbursement on work that was not completed properly, and therefore, this funding is available for another use and authorized by the Parks Director to be transferred. Approval of this item transfers $3,000 from Rogers Bridge landscaping (100-926-156552144) to Public Works (100-926-156552146).

      A motion was made by Councilmember Kirouac, seconded by Councilmember Dugan, to approve, the line item transfer as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
    2. ORDINANCE TO AMEND THE FY07 BUDGET – PUBLIC SAFETY
      Approval of this item authorizes an amendment to the FY07 budget in the amount of $128,100. It was anticipated that all expenditures associated with the construction of the new Public Safety building would be completed prior to this budget year. However, due to delays in the completion of construction, ordering of custom made furnishings for the exterior, and additional electrical work it is necessary to include additional expenditures in the current year’s budget. Funding for these expenditures will come from 2003 bond funds.

      Councilmember Mundrick wanted to emphasize that this was not an additional expenditure, but was moved from last year’s budget forward to this year’s.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to approve the ordinance to amend the FY07 budget as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
    3. STAFF/COUNCIL APPRECIATION
      On her one year anniversary, Councilmember Bomar thanked the Mayor and Council, and Staff for their support over this past year and said that she has truly enjoyed her public service thus far.
    4. APPRECIATION FOR NORTH GA LIVE STEAMERS
      Mayor Lasseter thanked the North Ga. Live Steamers for being in the downtown over the Christmas holidays, and reported that over 700 people visited and rode the train over the six days of operation.
  7. ADJOURNMENT
    Being no further business, Mayor Lasseter called for a motion to adjourn.
    A motion was made by Councilmember Bomar, seconded by Councilmember Mundrick, to adjourn at 7:20 p.m.
    All for. Motion carried unanimously.