City Council - 24 March 2008 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT: Mayor Harris, Councilmembers Bomar, Dugan, Hall, 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 and ask questions of department directors regarding this evening’s agenda items.

OTHER ITEMS DISCUSSED:
Councilmember Bomar requested that when considering future board appointments, if staff could personally telephone those who submitted requests for consideration but were not selected to serve, and then follow up with a personal letter of thanks. 

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

1. CONSENT AGENDA
   1. APPROVAL OF MARCH 10, 2008 MINUTES
   2. ORDINANCE TO APPOINT PLANNING COMMISSION MEMBERS [Exhibit “A”]
      Approval of this item approves an ordinance reappointing Shannon Dodd and Greg Lock to the Planning Commission, terms to expire March 31, 2011.
   3. ORDINANCE TO APPOINT CORE PRESERVATION DISTRICT REVIEW (CPD-R) MEMBERS
      [Exhibit “B”]
      Approval of this item approves an ordinance to appoint Maxine Garner to fill the unexpired term of Nancy Harris on the CPD-R, term ending March 31, 2010.
   4. ORDINANCE TO APPOINT CORE PRESERVATION DISTRICT REVIEW (CPD-C) MEMBERS
      [Exhibit “C”]
      Approval of this item approves an ordinance to appoint Rob Ponder to the CPD-C (replacing Greg Whitlock as a Downtown Development Authority member) term expiring March 31, 2010.
   5. ACCEPTANCE OF DONATION - $2,140 – KIWANIS PANCAKE BREAKFAST
      Approval of this item accepts a donation of $2,140 from the Kiwanis Club annual pancake breakfast, to be credited to police COPS unit, account 581-37.1002.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to approve the Consent Agenda as presented.
      Those voting for: Council members Bomar, Dugan, Hall, Mundrick and Whitlock
      
      Motion carried.
2. CEREMONIAL MATTERS
   1. RECOGNITION – GWINNETT SPORTSMAN OF THE YEAR – TOMMY ALGARD
      The Mayor and Council recognized Tommy Algard, the “Gwinnett Sportsman of the Year.” Tommy is a 14 year old Duluth athlete who was diagnosed with brain cancer when he was 4. He has undergone several surgeries and has been in and out of remission countless times while still maintaining a normal school schedule and showing up every day at the ball park. Whenever he is too ill to play, he still manages to come and support his team from the dugout.
   2. RECOGNITION – PRUDENTIAL SPIRIT OF COMMUNITY AWARDS - TOP YOUTH VOLUNTEER
      The Mayor and Council congratulated Caterina Li of Duluth High School as a distinguished finalist in the 13TH annual Prudential Spirit of Community Awards program. Caterina helped start “Crossroads of Hope,” a nonprofit organization dedicated to providing educational funding for underprivileged children in rural China. The organization’s fundraising efforts so far have generated more than $31,000 to provide student scholarships, books, newspapers and school supplies.
   3. OATHS OF OFFICE
      Mayor Harris administered Oaths of Office to board members appointed on March 10th and 24th.
3. NEW BUSINESS
   1. ACCEPTANCE OF FY07 AUDIT REPORT - LINE ITEM TRANSFER OF $5,000 [Exhibit “D”]
      Bradley Carroll, Chairman of the Finance Committee, presented the 2007 Audit Report to Council. He explained that the audit was conducted by Mauldin & Jenkins, and the City received an “Unqualified” or “Clean” opinion of its financial statements. He also requested that Council consider a transfer of $5,000 (from Credit Card Fee 100-902-159053118 to Auditor 100-902-156052385) for additional audit fees associated with the Circular A-133 Single Audit, for the auditor’s additional time spent valuing the capital assets and prior period adjustments.
      
      A motion was made by Councilmember Whitlock, seconded by Councilmember Mundrick to approve the acceptance of the 2007 audit report and the line item transfer as presented.
      Those voting for: Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock
      
      Motion carried.
   2. WAIVER/CO-SPONSORSHIP REQUEST – SUMMER 2008 CONCERT SERIES [Exhibit “E”]
      The Mayor and Council considered a request from Justin and Landon Hoffman of Bridgeworks Productions for the City to co-sponsor a concert series this year. This co-sponsorship would waive the rental fees as well as the clean up fees, and Bridgeworks would be responsible for an attendant, necessary police officers, and all permits associated with the sale of alcohol. The series would consist of four or more concerts, which would be ticketed events. Alcohol and food would be provided through Tavern on the Bridge.
      
      Councilmember Bomar requested that Mr. Hoffman work in partnership with downtown businesses and restaurants as much as possible, as not to exclude them from business opportunities.
      
      A motion was made by Councilmember Dugan, seconded by Councilmember Mundrick, to approve co-sponsorship of the Bridgeworks summer concert series as presented (with the exception of the Octoberfest event scheduled for Saturday October 18th); to consist of four concerts with an open option for additional concerts as may be agreeable by both parties with appropriate notice.
      Those voting for: Council members Bomar, Dugan, Hall, Mundrick and Whitlock
      
      Motion carried.
      
      Council member Dugan explained that the request also included a co-sponsorship for an Octoberfest event on Saturday, October 18th but that these costs would be reviewed during the FY09 Budget discussions.
4. MATTERS FROM CITIZENS
   1. Philip Abrams of 3667 Montheath Pass came forward requesting information on the status of the replacement of the playground in Taylor Park, the possibility of a traffic signal to be placed at the corner of Davenport and Buford Highway, and also requested information as to enforcement of the Immigration Customs Laws.
      
      Mayor Harris explained that a committee was formed through the Parks and Recreation Board to come up with a new playground design for Council to consider, and asked that Mr. Abrams provide his input to this committee.
      
      Council member Bomar explained that the Davenport/Buford Highway intersection had been tied in with the potential realignment of the road, which is on hold at the moment. Since there is no specified time, other options may be necessary in the interim.
      
      Chief Belcher addressed the immigration issues and explained that the way the law is currently written, the Gwinnett County Sheriff’s Department has to be involved in this enforcement due to arrest, jail housing etc., and once they begin enforcement the City can join forces.
5. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. Council member Hall commended Tommy Algard for the support of his team and commended his dedication. He also recognized City employees Alisa Williams, Jason Rogers, Kristin McGregor, and the Duluth Civitans for their hard work on the State of the City presentation, and noted that former Mayor Shirley Lasseter, and Mayor Harris gave a well orchestrated presentation.
      
      Council member Mundrick noted that the Community Day on April 15th was well attended. Despite the inclement weather, everyone enjoyed the tours of the building and the entertainment. He thanked all those involved for giving up their weekend time to host the event and said that tours could still be arranged by contacting staff or any member of Council.
6. EXECUTIVE SESSION
1. A motion was made by Council member Hall, seconded by Council member Bomar to adjourn to Executive session for the purpose to discuss personnel, potential/pending litigation and real estate matters at 7:35 p.m.
   
   All for. Motion carried unanimously.
   
   A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar , to adjourn to regular session at 8:00 p.m.
   
   All for. Motion carried unanimously.
7. ADJOURNMENT
   1. A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar , to adjourn to regular session at 8:00 p.m.
      
      A motion was made by Council member Hall, seconded by Council member Bomar to adjourn at 8:00 pm.
      
      All for. Motion carried unanimously.