Nancy Harris, Mayor Billy Jones, Post 3 Marsha Anderson Bomar, Post 1 Kelvin J Kelkenberg, Post 4 Marline Thomas, Post 2 Greg Whitlock, Post 5 AGENDA MAYOR AND COUNCIL CITY OF DULUTH, GA 3167 Main Street Duluth, GA 30096
JUNE 14, 2021 CITY HALL COUNCIL CHAMBERS 6:00 pm
The leaders and staff of the City of Duluth are dedicated to ensuring that Duluth is: an Attractive Destination, a Quality Community, a World Class Government, and promotes a Sustainable Economic Environment.
5:30 P.M. – AGENDA REVIEW Main Street Conference Room
6:00 P.M. - CALL TO ORDER Mayor Harris or Mayor Pro tem Bomar
INVOCATION OR MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
I. ANNOUNCEMENTS
1. AGENDA CHANGES (IF NECESSARY)
2. UPCOMING EVENTS – www.duluthga.net/events
June 18 and July 2 - Fridays-N-Duluth. Downtown Duluth, 6-9pm. Food trucks and live music.
June 19 - SummerStage Concert featuring Broadway’s Rock of Ages Band. Duluth Festival Center 8-10pm. VIP tables available.
PLEASE NOTE: This and other City meetings may be audio and/or videotaped for broadcast, transcription and/or archival purposes. As set forth in the Americans with Disabilities act (ADA) of 1992, the City of Duluth government does not discriminate on the basis of disability in the admission or access to or treatment of employment in its programs or activities, and complies with the requirements contained in section 35.107 of the Department of Justice regulations. All agenda packets may be converted to WCAG 2.0 compatibility format by emailing [email protected]. In addition, any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program, or activity of the City of Duluth government should be made seven days prior to the event. Direct inquiries to the ADA Coordinator in the City Clerk office, located at 3167 Main Street, Duluth, GA. 30096, or by telephone at 770.476.3434.
M&C Agenda June 14, 2021 Page 2 of 5
June 25 - Block Party on Main (Dog Days of Summer) - live music in Parsons Alley and on the Festival Center Stage from 6-9pm with dog themed entertainment and food trucks. Block parties take place the last Friday of every month May-August.
July 3 - Duluth Celebrates America, downtown Duluth 5:30-10pm. Live music, food trucks, fireworks and more.
Please Note: All events are subject to change due to COVID-19 restrictions and regulations during the planning process.
II. MATTERS FROM CITIZENS
Maximum of five (5) minutes per person. Sign-up sheet available.
III. CONSENT AGENDA
1. APPROVAL OF MAY 10 & 24 MINUTES
2. ORDINANCE – CALL FOR 2021 GENERAL MUNICIPAL ELECTION
Approval of this item approves ordinance O2021-31 setting qualifying times, dates and other matters relevant for the November 2, 2021 City of Duluth General Election, for the purpose to elect three posts of Council: Post 1 currently held by Marsha A. Bomar, Post 2 currently held by Marline Thomas, and Post 3 currently held by Billy Jones.
3. ORDINANCE TO AMEND THE DULUTH CODE – ARTICLE X, ETHICS
Per the request of the Mayor and Council, a committee was formed for the purpose of reviewing the City's current Ethics Ordinance to determine if the language adopted by the City in 2007 still met the ethical standards for elected and appointed officials. The Committee brought recommendations to the Mayor and Council at the May 24th work session. Approval of this item approves ordinance O2021-27 amending the Duluth Code Article X - Code of Ethics as presented.
4. AUTHORIZATION FOR INSOLVENT AD VALOREM TAXES
Per Chapter 2, Article 1, Sec 2- 4 of the Duluth Code, approval of this item grants insolvency status to property tax accounts determined to be uncollectible for years up through 2020 in the base amount of $7,626.13plus penalties and interest for a total of $8,998.91. Accounts are considered insolvent only after every effort to collect them has been exhausted, which includes processing late notices, returned mail investigation, cross checks with the Gwinnett County' s Tax Assessors' real and personal property tax files, City and County Occupational Tax records, including onsite visits by the Licensing Compliance inspector.
2 M&C Agenda June 14, 2021 Page 3 of 5
5. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT RENEWAL
Approval of this authorizes the Mayor to execute the renewal of the FY 2022-2024 Gwinnett Community Development Block Grant Cooperation Agreement (CDBG).
6. ORDINANCE TO AMEND THE FY21 BUDGET $50,000 – TAP GRANT
At the May 24 work session, staff presented Council with a project outline for pedestrian enhancements along West Lawrenceville Street and Pine Needle Drive which could potentially be funded through a Transportation Alternative Projects (TAP) grant. In order to obtain the grant, staff is requesting $50,000 to complete the application process. This process includes concept layouts, environmental screening, construction and right-of-way estimates, public meetings, and utility impacts. Approval of this item approves ordinance (BA-FY21-37) to add $50,000 in unallocated 2014 SPLOST Transportation revenue to CD-78 Pedestrian Improvements - W. Lawrenceville and Pine Needle Drive - Transfer from 14 SPLOST line item and expenditures of $50,000 to Pedestrian Improvements - W. Lawrenceville & Pine Needle - Sidewalks and Crosswalks - Professional Services line item.
7. AUTHORIZATION FOR TITLE VI DOCUMENTS
At their April 26, 2021 work session, Mayor and Council were presented with updates to the City's Title VI documents as well as our annual accomplishments and goals. Each year, the City must submit signed documents to Georgia DOT on or around June 30 to maintain Locally Administered Project (LAP) status as Title VI conformance is a part of this effort. Approval of this item authorizes the Mayor to sign the following annual Title VI documents: 2021 Title VI Outreach Plan, 2021 Title VI Nondisclosure Agreement with Assurances, 2021 Title VI Self Survey, and 2021 Title VI Policy. The additional documents submitted in the overall package do not require signature and are available for review upon request.
8. AUTHORIZATION FOR PERSONAL TRANSPORTATION VEHICLE USAGE – EVENTS
Council approved the Personal Transportation Vehicle (PTV) ordinance on May 10, 2021 which allows PTV usage at certain events as approved on an annual basis by Council. Per the ordinance, PTV usage is permitted only at specified events, and only in specific locations during those events. As recommended by staff, approval of this item allows PTV usage for the Duluth Fall Festival. Staff recommends this be deemed a Level II event (such that PTVs may cross SR 120 with an officer present.) No other events are recommended for PTV usage at this time.
IV. PUBLIC HEARINGS
1. ORDINANCE TO ADOPT THE FISCAL YEAR 2022 BUDGET
Per the State Code of Georgia, the Mayor and Council to hold a public hearing in order to receive public comments on the proposed FY22 Annual Operating and Capital Projects Budget. Prior to this public hearing, staff and Council reviewed the proposed FY22 budget at a budget work session held on April 19, 2021. The first public hearing on the budget was
3 M&C Agenda June 14, 2021 Page 4 of 5 held on May 10, 2021 at the Council meeting in City Hall to receive public comments, as duly noticed and open to the public. The Assistant City Manager, Kenneth Sakmar, will present the proposed FY22 budget. Following the public hearing, an ordinance adopting the FY22 budget will be presented for consideration.
V. MATTERS FROM DEPT HEADS/CITY ATTORNEY
1. ORDINANCE TO AMEND BUDGET - $338,000– SPLOST VEHICLES
The City of Duluth purchases police vehicles through a capital project fund, which is mainly supported by SPLOST Public Safety funds. An annual allocation of SPLOST funding is included in the budget each year and recorded in the fund in three equal installments. Currently, the annual allocation is $540,000, recorded in the fund in three installments of $180,000 to spread out the vehicle and equipment purchase over the fiscal year.
Due to a shortage of chip production as semiconductor markers struggle to recover from the pandemic, car makers are beginning to cut production. However, the police department has located 10 police vehicles they would like to purchase now before production cuts limit the availability of new police vehicles. For this reason, staff requests $338,000 in 2017 SPLOST Public Safety funds be added to the police vehicles capital project fund. In turn, these funds will be deducted from the FY22 vehicle allotment of $540,000, resulting in the FY22 funding allotment reduction to $202,000.
2. ORDINANCE TO AMEND BUDGET- $150,000 – MUNICIPAL COURT REVENUE
The City of Duluth's Municipal Court Fund is used to receipt court revenues and to payout "add-on" fees to third party agencies as required by Georgia law. This fund has experienced higher than expected revenues and therefore it is necessary to amend the current budget. Staff request approval of an ordinance to amend the FY21 budget (BA-FY21-37). A budget amendment is requested for the following line items:
$ 7,000 Software Licenses (745-2000-523801) $ 18,000 Peace Officers A & B (745-2000-572001) $ 9,000 Transfer to Technology Fund (745-2000-611013) $116,000 Transfer to General Fund (745-2000-611000)
$150,000 Court Fines (745-351170)
VI. MATTERS FROM COUNCIL
VII. MATTERS FROM CITY MANAGER
4 M&C Agenda June 14, 2021 Page 5 of 5 VIII. EXECUTIVE SESSION
It may be necessary to hold an executive session on Real Estate, Pending/Potential Litigation, or Personnel, which is properly excluded from the Georgia Open and Public Meeting Law (O.C.G.A. 50-14).
IX. ADJOURNMENT
The next scheduled meeting of the Mayor and Council is a work session on June 28, 2021 at 5:30 p.m. at Duluth City Hall.
5
MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA MAY 10, 2021
PRESENT: Mayor Harris, Council members Bomar, Thomas, Jones, Kelkenberg and Whitlock, City Manager, Department Directors, City Attorney
ABSENT: Councilmember Kelkenberg
A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss this evening’s agenda items. Item number 1 under New Business was removed.
I. EXECUTIVE SESSION
Mayor Harris called the meeting to order at 5:40 p.m. and announced that it was necessary to hold an executive session on Real Estate, Pending/Potential Litigation, or Personnel, which is properly excluded from the Georgia Open and Public Meeting Law (O.C.G.A. 50-14).
A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to adjourn to executive session at 5:40 p.m.
Voting for: Council members Bomar, Thomas, Jones, and Whitlock Motion carried.
After the discussion, a motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to return to regular session at 6:01 p.m.
Voting for: Council members Bomar, Thomas, Jones and Whitlock Motion carried.
II. ANNOUNCEMENTS
1. AGENDA CHANGES (IF NECESSARY)\
2. UPCOMING EVENTS – www.duluthga.net/events
Seek Duluth Scavenger Hunt – Tuesday, May 11, “around” Duluth. Starts at 6pm
“Spirit of Hope”-Community Art Project Reveal– Friday, May 14, Festival Center. 6:00-9:00pm
M&C Draft Minutes May 10, 2021 Page 2 of 7
Fridays-N-Duluth – Food trucks and live music, Friday, May 21, Town Green. 6:00-9:00pm
Duluth Spring Arts Festival – Saturday & Sunday, May 22, (10:00am-5:00pm) & May 23, (11:00am-5:00pm)
Eats & Beats – live music, interactive art, Thursday, May 27, Parsons Alley. 6:00-9:00pm
Block Party on Main – last Friday of every month from May – August. Friday, May 28, Parsons Alley/Festival Center. 6:00-9:00pm
Please note: All events are subject to change due to COVID-19 restrictions and regulations during the planning process.
III. CONSENT AGENDA
1. APPROVAL OF APRIL 12 & 26 MINUTES
2. APPROVE CONTRACT – STREET SWEEPER ON-CALL CONTRACT {A}
Every three years, the City's contract with our on-call street sweeper expires. The current contract is set to expire on June 30, 2021. The City advertised the new opportunity for street sweeping in an RFP on February 19, 2021 with proposal packages due on March 26, 2021. Three proposal packages were submitted.
Evaluations were completed by the stormwater team and were based on Experience and Qualifications (30%), References (10%), and Cost (60%). The highest scoring firm was Watt Commercial Sweeping. The new contract will go into effect on July 1, 2021. It is a one-year contract, renewable for two additional one-year terms, for a maximum of three years. Funds from the Stormwater Utility pay the cost of street sweeping. It is expected that streets will be swept City-wide twice this fiscal year, and once after each scheduled event. Approval of this item authorizes the Mayor or City Manager to execute the contract with Watt Commercial Sweeping.
3. ORD TO AMEND DULUTH CODE–PERSONAL TRANSPORTATION VEHICLES {B}
As discussed at the April 26 work session and with direction from Mayor and Council, staff has developed an ordinance to regulate the usage of personal transportation vehicles within City limits. Approval of this item approves ordinance O2021-28 as presented. Staff will develop and disseminate training, educational, and registration materials.
4. APPROVE CONTRACT/LINE ITEM TRANSFER – $720,000 - MAIN ST SIDEWALK
As previously discussed with Council, the right of way acquisition phase of the Main Street Enhanced Sidewalk project is ready to begin. There are 25 parcels impacted by the project (not including the Railroad, which will be handled separately). The most recent budget presented to M&C Draft Minutes May 10, 2021 Page 3 of 7
Council at a work session reflected $880,000 for property and the acquisition thereof. Staff is requesting $720,000 at this time, based on a more accurate review by our on-call acquisition team. A breakdown of acquisition fees (non-specific to any one property) is shown in the exhibit.
This project is part of the 2014 and 2017 Intergovernmental Agreements with Gwinnett County, 81% of the property costs as well as 81% of the acquisition costs are reimbursable to City. Currently, available funds from the Jointly Funded 2014 SPLOST projects are budgeted under the SR 120 Sidewalk project. Staff is requesting Council approval to allow the City Manager to sign the necessary paperwork to transfer $720,000 to the Main Street Enhanced Sidewalk Project. Transfers to the Main Street Enhanced Sidewalk project will include: $583,200 in revenue added to Gwinnett County Grant, $136,800 in revenue added to Transfer from 2014 SPLOST, $720,000 in expenditures added to Parkways & Boulevards - Technical Services. Approval of this item authorizes the City Manager to sign the necessary transfers.
5. APPROVE CONTRACT – MAIN ST ENHANCED SIDEWALK/CONSTRUCTION AGREEMENT WITH NORFOLK SOUTHERN {C}
The Main Street Enhanced Sidewalk Project is moving forward toward construction. Design plans are in their final stages, and right of way acquisition is likely to move forward this summer and fall. Staff has coordinated with Norfolk Southern throughout the design process as the entire proposed plan for Phase II of the sidewalk construction is within the right of way of Norfolk Southern Railway.
Since the City would like to advertise the Phase II plans as an add-alternate to the Phase I bid, the City is required to enter into a construction agreement with Norfolk Southern prior to letting the project to construction. The City Clerk and the City attorney have reviewed the contract, and Norfolk Southern has adjusted the terms per the City's requests. Approval of this item authorizes the Mayor or City Manager to execute the contract (NS File: ROW1113808).
6. LINE ITEM TRANSFER – $30,119 - FORCE ACCT WITH NORFOLK SOUTHERN {D, E}
The construction agreement for the Main St. Enhanced Sidewalk project with Norfolk Southern includes a force account (Exhibit D of the agreement) to cover the Railroad's costs for construction engineering, accounting, and flagging services. The amount of the force account is $30,119 and is an eligible expense covered by the City's Intergovernmental Agreement with Gwinnett County. As part of a change order to the intergovernmental agreement, the Main Street Enhanced Sidewalk Project was added as a project eligible for funding under the Jointly Funded 2014 SPLOST Projects. This qualifies the above expenditure to be reimbursed 81% by Gwinnett County and 19% is borne by the City.
Currently, available funds from the Jointly Funded 2014 SPLOST projects are budgeted under the SR 120 Sidewalk project. Staff is requesting Council approval to allow the City Manager to sign the necessary paperwork to transfer $30,119 to the Main Street Enhanced Sidewalk Project. Transfers to the Main Street Enhanced Sidewalk project will include: $24,397 in revenue M&C Draft Minutes May 10, 2021 Page 4 of 7
added to Gwinnett County Grant, $5,722 in revenue added to Transfer from 2014 SPLOST, $30,119 in expenditures added to Parkways & Boulevards - Professional Services. Approval of this item authorizes the City Manager to sign the necessary transfers.
7. ORDINANCE TO AMEND BUDGET – $70,400 - PINE NEEDLE DESIGN {F}
As previously discussed with and approved by Council, the Pine Needle Drive project will now be designed as a cul de sac. To complete the new set of construction plans, the design team submitted a comprehensive scope and fee, which was reviewed and approved by staff. To ensure the requirements are met, the scope was developed in consultation with GDOT and Gwinnett County DOT.
From this overall proposed fee, the balance of their original fee was subtracted. The difference in the two fees is $64,000. Staff is requesting $64,000 for the design of the cul de sac and a 10% contingency for unforeseen scope changes, of $6,400, for a total request of $70,400.
Approval of this request will add $64,000 to the Pond Task Order for the Pine Needle Drive Project. In addition, approval of this item approves ordinance (BA-FY21-34) to add revenue of $57,024 to the Gwinnett County Grant line item, $13,376 in unallocated 2017 SPLOST Transportation funds to the SPLOST 2017 line item and expenditures of $70,400 to the Pine Needle Drive Improvements -Paved Streets - Professional Services line item.
8. ORDINANCE TO AMEND FY21 BUDGET – $12,500 TEMP WORKERS {G}
At the budget work sessions in April, staff discussed the need to hire temporary workers to pick up trash and right-of-way maintenance throughout the City. Previously, this work was done by inmate labor from Gwinnett County. Due to the pandemic, the County is no longer providing inmate labor to the City. Staff is requesting $12,500 to hire part-time temporary workers. Approval of this item approves ordinance BA-FY21-35 to add $12,500 in General Fund prior year reserves to Public Works - Public Works Administration - Seasonal/Temporary line item.
9. ORDINANCE TO AMEND FY21 BUGDGET - $45,000 - TAYLOR PARK DESIGN {H}
Currently, the City is in the design phase to construct a synthetic turf area adjacent to Taylor Park. As part of the project, the City will also be constructing a pad in Taylor Park to locate a piece of playable art on. Funding for the synthetic turf area will come from a bond funded with TAD proceeds. However, because Taylor Park is outside of the TAD boundary, TAD bond proceeds can not be used for the project. For this reason staff is requesting $45,000 in General Funds for the design cost associated with the Taylor Park portion of the project. Approval of ordinance (BA-FY21-36) adds $45,000 in revenue to the capital project - Tax Allocation District - Transfer from General Fund line item, adds $45,000 to Tax Allocation District - Special Recreation Facilities - Professional Services line item and in the General Fund adds $45,000 to General Fund - Other Financing Sources - Transfer to Tax Allocation District line item.
M&C Draft Minutes May 10, 2021 Page 5 of 7
10. ACCEPTANCE OF DONATION - $3,000 – PUBLIC ART FUND
Approval of this item accepts a $3,000 donation to the Duluth Public Art Commission PAAF fund from Bethel Eyecare of Duluth.
11. WAIVER REQUEST - ADDITION TO 2021 EVENT CALENDAR AUTHORIZATION
Approval of this item acknowledges that the following events are deemed sponsored or cosponsored by the City of Duluth. Approval of this item also waives food service requirements per Section 26-2-370 of O.C.G.A., which exempts food vendors from having to obtain said permits provided that the event lasts 120 hours or less. The waiver applies to signage fees and signage 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. Events labeled Open Zone will allow alcohol to be purchased from licensed merchants within the Downtown area and carried out as well as allow coolers to be bought into the designated area. All other events taking place in Downtown fall under the Licensed Merchant Zone that allows alcohol to be purchased from the Downtown Licensed Merchants and carried out into the Downtown area.
Little Beer Fest - Saturday, June 5, 12-4pm (co-sponsored with Good Word Brewing; requested closure of West Lawrenceville Street for the event.
A motion was made by Councilmember Thomas, seconded by Councilmember Jones, to approve the Consent Agenda as presented.
Voted For: Council members Bomar, Thomas, Jones and Whitlock Motion carried.
IV. PUBLIC HEARINGS
1. ORDINANCE OF SPECIAL USE - SU2021-001 - KAREN HARRIS
Mayor Harris opened the public hearing and called Planning Director Bill Aiken to present.
Mr. Aiken stated that the purpose of this public hearing is to consider a request (SU2021-001) from Karen Harris for Special Use approval to deliver, install and occupy a manufactured home on a +/- 0.57 acre property in Land Lot 202 of the 7th District, Gwinnett County, consisting of tax parcel R7202 095. The subject property is located at 3412 Donaville Street, Duluth, Georgia 30096.
Mr. Aiken discussed that the property is located in the Core Neighborhood Character Area and that the applicant is requesting to remove the existing manufactured home and replace it with a new manufactured home. The Planning Commission placed the following three conditions on the request. M&C Draft Minutes May 10, 2021 Page 6 of 7
1. The Special Use approval is for the construction/placement of a single manufactured home 2. The subject property shall adhere to the area regulations for the RM zoning district per the UDC 3. The existing manufactured home located on the subject property shall be demolished/removed from the site prior to the issuance of a manufactured home permit
Mayor Harris called for discussion from Council. There being no further comments or questions, Mayor Harris closed the public hearing.
A motion was made by Councilmember Jones, seconded by Councilmember Bomar, to approve ordinance O2021-29 for Case SU2021-001 as outlined in the Special Use Ordinance.
Voted For: Council members Bomar, Thomas, Jones and Whitlock Motion carried.
2. ORDINANCE FOR TEXT AMENDMENT-TA2021-002-SPECIAL USE
Mayor Harris opened the public hearing and called Planning Director Bill Aiken to present. Mr. Aiken stated that the purpose of the public hearing is to consider a request (TA2021-002) from Mahaffey Pickens Tucker, LLP to amend the text of the Duluth Unified Development Code by allowing "Mini-Warehouses and Self Storage Units" as a Special Use within the HC-R (Highway Commercial - Retail) zoning district.
Mr. Aiken presented that the Planning Commission considered the request and approved the following text amendments (G and H) be added to Section 333 Mini-Warehouse and Self Storage Units of the UDC. 1. A 150-ft buffer shall be required between any mini-warehouse building or self- storage unit to any residentially zoned property measured from the nearest structure of the mini-warehouse or self-storage business to the nearest parcel boundary line of any residential property as measured by a straight line on the ground. 2. Loading bays shall not face street frontage.
Mayor Harris called for discussion from Council.
Councilmember Whitlock asked for clarification on the height restrictions for the Buford Highway Corridor. Mr. Aiken explained that the UDC allows for a 50 ft height.
Mayor Harris called the applicant forward. Mr. Brian Easley of 1550 North Brown Rd, Lawrenceville, Georgia came forward to answer questions.
Councilmember Bomar asked what the implications of the text amendment could be. Mr. Easley stated that the 150-ft buffer limits problems for the location. M&C Draft Minutes May 10, 2021 Page 7 of 7
There being no further comments or questions, Mayor Harris closed the public hearing.
A motion was made by Councilmember Bomar, seconded by Councilmember Thomas, to approve ordinance O2021-30 for text amendment for Case TA2021-002 as presented in the Text Amendment Ordinance.
Voted For: Council members Bomar, Thomas, Jones and Whitlock Motion carried.
3. FIRST PUBLIC HEARING – CONSIDERATION OF FISCAL YEAR 2022 BUDGET
Per the State Code of Georgia, the Mayor and Council to hold a public hearing in order to receive public comments on the proposed FY 2022 Annual Operating and Capital Projects Budget. A second public hearing will be held on Monday June 14, 2021 at the regularly scheduled meeting of the Mayor and Council. Following the second public hearing an ordinance adopting the FY 2021 budget will be presented for consideration.
Mr. Sakmar presented an overall snapshot of the FY22 budget.
Mayor Harris called for discussion from Council. There being no further comments or questions, Mayor Harris closed the public hearing.
No motion was necessary.
V. NEW BUSINESS
1. AMENDMENT TO TAD DEVELOPMENT AGREEMENT (removed)
VI. MATTERS FROM COUNCIL
1. Councilmember Bomar shared an opportunity for the public to get involved in the design of the new Marta cars. The public may visit www.itsmarta.com and click on the You Ride You Decide link to participate. 2. Councilmember Jones praised City staff for the first successful events of the year. 3. Councilmember Whitlock discussed his concern regarding the intersection of Peachtree Industrial Blvd and Main St. Staff shared that they are working with the developer.
VII. ADJOURNMENT
A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to adjourn at 6:50 pm.
Voting for: Council members Bomar, Thomas, Jones and Whitlock Motion carried.
NOTES OF THE WORK SESSION MAYOR AND COUNCIL CITY OF DULUTH, GA MAY 24, 2021
PRESENT: Mayor Harris, Council members Bomar, Thomas, Jones, and Whitlock, City Manager, Department Directors, City Attorney
ABSENT: Councilmember Kelkenberg
Mayor Harris called the meeting to order at 5:30pm
I. PUBLIC COMMENTS
Ms. Holly Rotalsky came forward with water runoff concerns on West Lawrenceville Street that are significantly affecting her property as well as her neighbors. She will forward a video that she requested Council to view to better demonstrate the issue.
Planning Director Bill Aiken introduced new employee Planner/GIS Specialist, Anna Zendt.
II. DISCUSSION ITEMS/PRESENTATIONS/UPDATES
1. ORDINANCE TO AMEND THE DULUTH CODE - ARTICLE X - ETHICS
Councilmember Thomas and City Attorney Pereira summarized the item. Per directive of Council, the City Clerk formed a committee to review and update the City's current Ethics Ordinance. Committee members Michael Park, Councilmember Marline Thomas, City Attorney Stephen Pereira, City Clerk/Asst. City Manager Teresa Lynn, HR Manager Ed Johnson, Deputy City Clerk Kristin McGregor and Special Projects Coordinator Danielle Ruedt met several times and subsequently presented an amended ordinance for consideration. Some of the updates included definitions, prohibitions, handling of complaints, and penalties for violation.
Staff was authorized to place the ordinance on the next Council Consent agenda for approval.
M&C Work Session Notes May 24, 2021 Page 2 of 4 2. AMERICAN RESCUE PLAN (ARP) POTENTIAL PROJECT LIST
Asst. City Manager Ken Sakmar and Planning Director Bill Aiken gave a presentation outlining potential eligible projects for use of monies associated with the American Rescue Plan (ARP).
Duluth's portion of the ARP is anticipated to be approximately $ 9.3 million dollars. Funding will be received in two tranches, with 50% provided in May or June and the balance delivered 12 months later. Although preliminary estimates have been provided, final funding amounts will be determined by the Treasury.
The funds are restricted to spending in certain categories such as public health, COVID-19 mitigation efforts, replacement of public sector lost revenue, and investment in water, sewer and broadband infrastructure. Mr. Sakmar outlined the prohibited categories as well and discussed the timeline for spending and reporting requirements.
Mr. Aiken came forward to summarize specific project options for Council’s consideration. There are several underserved communities in the City lacking sewer, but three specifically that are prime for redevelopment/revitalization. He identified the Pinecrest, Hill and Hall areas and described the boundaries, and parcel restrictions under current regulations. He then discussed the options for co-funding with Gwinnett County.
City Manager James Riker noted that, of the options provided, and in keeping with redevelopment efforts and improving infrastructure, staff recommended spending the ARP funds on sewer improvements. Timing is also important as the costs of materials and labor are escalating rapidly. There are also small roadway connections that can be investigated. The next steps would be to move forward with developing an intergovernmental agreement (IGA) with Gwinnett County Water Resources. Additionally, staff will investigate revenue recovery reimbursement, and identify other possible backup projects.
Staff was authorized to move forward with sewer projects with Gwinnett County as soon as possible.
3. WEST LAWRENCEVILLE-PINE NEEDLE PEDESTRIAN CONNECTOR
City Engineer Margie Pozin brought forward an opportunity to apply for the federal TAP Grant (Transportation Alternative Project) for a potential pedestrian connector project along West Lawrenceville Street and Pine Needle Drive. In our region, the grants are awarded by ARC, who is expected to put out a call for projects (TAP grant applications) this fall. She explained how this project could address several current problems as follows:
• Excessive drainage to properties along West Lawrenceville St. • Excessive vehicular speeds along West Lawrenceville St. • Narrow walking paths along West Lawrenceville St. • Absence of sidewalk on Pine Needle Drive. • Gap in pedestrian connectivity to/from Western Gwinnett Bikeway.
2 M&C Work Session Notes May 24, 2021 Page 3 of 4
There are many requirements for accepting federal funding, and those typically extend the timeline rather significantly. However, this project would also create a 5.5 mile pedestrian friendly loop that provides many advantages and safe access to several destinations, as well as linking neighborhoods with one another. Since there are multiple advantages to this project, and it has a relatively large price tag, this seems to be worthy of TAP funding. She also discussed potentially sensitive areas and ideas for minimizing impact on them.
Ms. Pozin summarized the process for submitting the application, and detailed both the merits and impacts of the project which include considerations such as historic properties, wetlands and ecological resources. The submittal would include proposed schedules, cross sections, concept layout, and a resolution from Council in support of the application and committing to match the grant funding.
She estimated the pre-grant costs at roughly $45,000 as follows: • Concept Layouts • Environmental Screening • Construction and Right of Way cost estimates (high level) • Public Meeting (in person and virtual, with mailers) • Grant Application and Coordination with ARC
The project itself could cost roughly: • Preliminary Engineering: $1,000,000 • Right of Way: $2,500,000 • Utilities: $150,000 (if we avoid to extent possible) • Construction: $3,000,000 • Construction Admin/CEI: $500,000 (full scope with federally funded projects) • Lighting (if added) is about $1M/mile • TOTAL BALLPARK ESTIMATE (w/o lighting): $7,150,000 • (20% of that cost, rounded up, is about $1.5M)
Transportation SPLOST would be used for the City’s match. At this time, a budget amendment would be needed for funding to refine the project concept, receive citizen input, prepare grant application items.
Council authorized a budget amendment to be placed on the next Consent Agenda for approval and move forward with preparing for public outreach.
4. DOWNTOWN PARKING UPDATE
Economic Development Director Chris McGahee summarized parking issues that have recently arisen regarding parking in the downtown area, along with the need for regulations with enforcement options. After discussion, a task force will be formed with the Police Department, Public Works, and Planning to recommend specific rules, improve local signage and circulation for the parking deck, and introduce the easiest parking remedies first while recommending long-term solutions.
3 M&C Work Session Notes May 24, 2021 Page 4 of 4 III. MATTERS FROM COUNCIL
• Library ribbon cutting May 25 at 2pm • DFAL/DPAC recommend acceptance of crickets, with location to be determined by staff • Councilmember Thomas reported on Technology/Security issues discussed with IT staff • Councilmember Kelkenberg is hospitalized but going home soon
IV. ADJOURNMENT
Meeting adjourned at 8:05pm.
The next scheduled meeting of the Mayor and Council is June 14, 2021 at 6:00pm in Council Chambers.
4 AN ORDINANCE OF THE CITY OF DULUTH TO REGULATE AND PROVIDE FOR THE CALLING OF THE GENERAL MUNICIPAL ELECTION TO FILL THE EXPIRED TERMS OF COUNCIL POSTS 1, 2 AND 3
WHEREAS, under the Charter of the City of Duluth, the Georgia Election Code codified at O.C.G.A. δ 21-2-1 et seq., and the Constitution of the State of Georgia of 1983, Article 9, Para 1, the City of Duluth shall call a general municipal election to fill the expired terms of its elected members;
WHEREAS the position of three council member posts are expiring on the second Monday in January 2022;
WHEREAS their successors are required to be elected on the municipal election date set by law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF DULUTH, A GEORGIA MUNICIPAL CORPORATION, AND BY THE AUTHORITY OF THE SAME
Section 1. That under and by virtue of the Charter of the City of Duluth, Constitution and laws of the State of Georgia, a general municipal election is hereby called to be held in the City of Duluth in November 2, 2021, at which election there shall be submitted to the qualified voters of said City election for the expired terms of the following offices, to wit:
Council Member Post 1 (to succeed Marsha A. Bomar) Council Member Post 2 (to succeed Marline Thomas) Council Member Post 3 (to succeed Robert “Billy” Jones)
Section 2. That the voting poll shall be opened at 7:00 am and closed at 7:00 pm on November 2, 2021 at Duluth City Hall, 3167 Main Street, Duluth GA, in accordance and in conformity with the laws of the State of Georgia. Computation of votes cast in the November 2 election will be conducted at the time the poll closes. If no candidate receives a majority of the votes cast for each post, a run-off election shall be held on Tuesday, November 30 between the candidates receiving the two highest numbers of votes.
That the Advance Voting poll for the November 2 General Municipal Election shall open at 9:00 am and close at 5:00 pm daily, excluding Sundays, beginning on Tuesday, October 12 through Friday, October 29. Should a run-off election be required, the Advanced voting poll for the run-off election shall be held daily Monday November 22 through November 26 (excluding Thursday, November 25 -Thanksgiving Day) from 9:00 am to 5:00 pm.
That Absentee voting by mail will be provided as per State Law.
Section 3. Qualifying for said offices shall open Monday, August 16, 2021 at 8:30 am and will close at 4:30 pm on Wednesday, August 18, 2021 in the office of the City Clerk located at 3167 Main Street, Duluth, GA. Individuals intending to qualify must be a resident of the City of Duluth for one year prior to the date of the November 2 election, be a City of Duluth registered voter and shall remit the qualification fee of $180.00 for Council member. Section 4. That any person whose name is not on the municipal registration list who desires to vote at said election, he or she shall register on or before 5:00 pm October 4, 2021, at any authorized location; any person who is presently registered as a voter in said City but whom now resides outside the City limits is not eligible to vote in said election. Those qualified to vote at said election shall be determined in all respects in accordance and in conformity with the laws of the State of Georgia. Information on voter registration may be obtained through the Chief Registrar of Gwinnett County, Georgia.
Section 5. That the City shall utilize the Image Cast Precinct Tabulator (ICP Optic Scanning (OS) System) to record and tabulate the respective votes. Absentee Ballots received by mail to be tabulated manually.
Section 6. The Georgia Municipal Election Code requires that the Mayor and Council appoint certain officials prior to the election – including a Superintendent, Poll Manager, Chief Registrar, and an Absentee Ballot Clerk. Duluth City Clerk Teresa S. Lynn is hereby appointed to the position of Municipal Superintendent and Registrar; the Gwinnett Board of Registration and Elections is hereby appointed Chief Registrar; Kristin McGregor is hereby appointed as Assistant Superintendent of Elections and Absentee Ballot Clerk, and Janice Williams is appointed as Poll Manager. Poll Workers will be appointed by the Superintendent of Elections and/or Poll Manager at a later date. Per O.C.G.A. 21-2- 71(1) the Superintendent of Election shall budget for compensation of poll officers, custodians, and other assistants and employees. The workers who are employees of the City of Duluth will either be given “comp time” or paid for hours above the regular eight hours at the overtime rate depending on FLSA status.
Section 7. That the Election Superintendent shall prepare a notice of the general municipal election be advertised at least 30 days prior to the date of the election in the legal organ of the City of Duluth and a copy be transmitted to the Secretary of State’s office pursuant to O.C.G.A. 21-2-9 and O.C.G.A. 21-2-70;
Section 8. The Election Superintendent shall take such action as is necessary to properly call the municipal election scheduled for November 2, 2021, including, but not limited to properly publishing a public notice to notify the public of said election. The City Clerk and/or Election Superintendent shall take such other actions as necessary and appropriate to make certain that the election is conducted accordance with, and in conformity with, the laws of the State of Georgia, the Duluth City Charter and Duluth Ordinances. That the notice of said election shall be in substantially the following form as the attached Exhibit “A.”
IT IS SO ORDAINED THIS 14th DAY OF JUNE, 2021.
BY:______Nancy Harris, Mayor ______Marsha A. Bomar, Post 1
______Marline Thomas, Post 2
______Billy Jones, Post 3
______Kelvin J. “Kelly” Kelkenberg, Post 4
______Greg Whitlock, Post 5
ATTEST: ______Teresa S. Lynn, City Clerk
APPROVED AS TO FORM:
______
Stephen Pereira, City Attorney
EXHIBIT A NOTICE OF CITY OF DULUTH GENERAL MUNICIPAL ELECTION
Pursuant to O. C. G. A. δ 21-2-1 et seq. and all other applicable Georgia laws, please be advised that on November 2, 2021, a general municipal election will be held in the City of Duluth, Georgia, at which time there will be submitted to the qualified voters of said City for their determination the expired term of Council Member Post 1 (to succeed Marsha A. Bomar); Council Member Post 2 (to succeed Marline Thomas) and Council Member Post 3 (to succeed Robert “Billy” Jones).
Those interested in qualifying for said offices should be advised that the respective qualification period shall run beginning at 8:30 am, Monday, August 16, 2021 through 4:30 pm on Wednesday, August 18, 2021 in the office of the City Clerk at Duluth City Hall, located at 3167 Main Street, Duluth, GA. 30096. Individuals intending to qualify shall remit the sum of $180.00 for Council Member.
The registration deadline to vote in this election is October 4, 2021. Any person who is presently registered as a voter in said City but who now resides outside the city limit is not eligible to vote in said election. All duly qualified electors of the City of Duluth, Georgia, are urged to participate. Those qualified to vote at said election shall be determined in all respects in accordance and in conformity with the State of Georgia. Information on voter registration may be obtained through the Chief Registrar of Gwinnett County, Georgia.
The Advance Voting poll for the November 2 General Election shall open at 9:00 am and close at 5:00 pm daily beginning on Tuesday, October 12 through Friday, October 29 at Duluth City Hall, excluding Sundays.
The General Municipal election shall be held on Tuesday, November 2, 2021, between the hours of 7:00 am and 7:00 pm at Duluth City Hall, 3167 Main Street, Duluth, Georgia. Absentee voting by mail will be available per state law. In accordance with the City Charter, the successful candidates for each post will be determined by majority of votes. If no candidate receives a majority of the votes cast, a run-off election shall be held between the candidates receiving the two highest numbers of votes. Such run-off election shall be held on Tuesday, November 30, 2021.
Should a run-off election be required, the Advance Voting poll for the run-off election shall be held beginning daily on Monday November 22 through Friday November 26 (excluding Thursday, November 25 - Thanksgiving Day) from 9:00 am to 5:00 pm.
This and all City of Duluth elections is governed by the Elections Code of the State of Georgia and The City Charter. A copy of the ordinance calling for the election is on file, together with other relevant documents, for inspection at the City Clerk’s office, 3167 Main Street, Duluth, Georgia 30096, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. For additional information, contact the City Clerk’s office at 770-476-3434.
This ____ day of July, 2021
Teresa S. Lynn Election Superintendent City of Duluth, Georgia O2021-27
ETHICS ORDINANCE City of Duluth State of Georgia
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF DULUTH, GEORGIA TO PROVIDE A NEW ARTICLE X, CHAPTER 2 OF THE DULUTH CODE OF ORDINANCES; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the duly elected governing authority of the City of Duluth Georgia is authorized by O.C.G.A. § 36-35-3 to adopt ordinances relating to its property, affairs and local government; and
WHEREAS, the duly elected governing authority of the City of Duluth, Georgia is the Mayor and Council thereof; and
WHEREAS, the governing authority deems it essential to the proper operation of democratic government that the public officials be, and give the appearance of being, independent, impartial, and responsible to the people; that governmental decisions and policies be made in the proper channels of the governmental structure; and that public office not be used for personal gain; and
WHEREAS such measures are necessary to provide the public with confidence in the integrity of its government.
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED: That the Code of Ordinances of the City of Duluth, Georgia is hereby amended by deleting Article X of Chapter 2 Code of Ethics in its entirety and replacing said Article with the following:
ARTICLE X – CODE OF ETHICS
Sec.2- 221 PURPOSE The purpose of this code of ethics is to: (a) Encourage high ethical standards in official conduct by city officials; (b) Establish guidelines for ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the interest of the city; (c) Require disclosure by such officials of private financial or other interest in matters affecting the city; and (d) Serve as a basis for disciplining those who refuse to abide by its terms.
Sec. 2-222 SCOPE The provisions of this code of ethics shall be applicable to all elected or appointed city officials. Notwithstanding anything herein to the contrary, state law and the charter of the city shall be controlling in the event of an actual conflict with the provisions of this code of
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O2021-27 ethics. This ordinance shall be interpreted to supplement, and not replace, said provisions of state law and the charter.
Sec.2-223 DEFINITIONS
Solely for the purpose of this code of ethics:
(a) City official or official, unless otherwise expressly defined does not include city employees but does mean the mayor, members of the city council, municipal court judges (including substitute judges), city manager, city clerk, city attorney, and all other persons holding positions designated by the city charter, as amended. The term “city official” also includes all individuals, including city employees, appointed by the mayor and/or city council as appropriate to city authorities, commissions, committees, boards, task forces, or other bodies which can or may vote or take formal action or make official recommendations to the mayor and/or city council provided however, that “city official” shall not mean a city employee who is a non-voting member of a commission, authority, commission, board, task force or other body and is required to serve by virtue of the employee’s position.
(b) Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board or commission, as well as the discussions or deliberations of the council, board, or commission which can or may lead to a vote or formal action by that body.
(c) Employee means any person who is a full-time or part-time employee of the city.
(d) Immediate family means the spouse, mother, father, grandparent, brother, sister, son or daughter of any city official related by blood, adoption or marriage. The relationship by marriage shall include in-laws.
(e) Incidental interest means an interest in a person, entity or property which is not a substantial interest as defined herein and which has insignificant value.
(f) Remote interest means an interest of a person or entity, including a city official, which would be affected in the same way as the general public. For example, the interest of an official in the property tax rate, general city fees, city utility charges or a comprehensive zoning ordinance or similar matters is deemed remote to the extent that the official would be affected in common with the general public.
(g) Substantial interest means an interest, either directly or through a member of the immediate family, in another person or entity, where:
(1) the interest is ownership of five percent or more of the voting stock, shares or equity of the entity or ownership of $5,000.00 or more of the equity or market value of the entity; or
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(2) the funds received by the person from the other person or entity during the previous 12 months either equal or exceed (a) $5,000.00 in salary, bonuses, commissions or professional fees, or $5,000.00 in payment for goods, products or services, or (b) ten percent of the recipient’s gross income during that period, whichever is less;
(3) the person serves as a corporate officer or member of the board of directors or other governing board of a for-profit entity other than a corporate entity owned or created by the city council; or
(4) the person is a creditor, debtor, or guarantor of the other person or entity in an amount of $5,000.00 or more.
Sec. 2-224 PROHIBITIONS
(a) No city official shall use such position to secure special privileges or exemptions for himself or herself or others, or to secure or divulge confidential information for any purpose other than official duties on behalf of the city.
(b) No city official, in any matter before the council or other city body, relating to a person or entity in which the official has a substantial interest, shall fail to disclose for the record such interest prior to any discussion or vote or fail to recuse himself/herself from such discussion or vote as applicable.
(c) No city official shall act as an agent or attorney for another in any matter before the city council or other city body.
(d) No city official shall directly or indirectly receive, or agree to receive, any compensation, gift, reward, or gratuity in any matter or proceeding connected with, or related to, the duties of his office except as may be provided by law.
(e) No city official shall enter into any contract with, or have any interest in, either directly or indirectly, the city except as authorized by state law.
(i) This prohibition shall not be applicable to the professional activities of the city attorney in his or her work as an independent contractor and legal advisor on behalf of the city.
(ii) This prohibition shall not be applicable to an otherwise valid employment contract between the city and a city official who is not elected (such as, by way of example, a city manager or chief of police).
(iii) Any official who has a proprietary interest in an agency doing business with the city shall make that interest known in writing to the city council and the city clerk.
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(f) All public funds shall be used for the general welfare of the people and not for personal economic gain.
(g) Public property shall be disposed of in accordance with state law.
(h) No city official shall solicit or accept other employment to be performed, or compensation to be received, while still a city official if the employment or compensation could reasonably be expected to impair such official’s judgment or performance of city duties.
(i) If a city official accepts or is soliciting a promise of future employment from any person or entity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official might reasonably be expected to act, investigate, advise, or make a recommendation, the official shall disclose the fact to the city council and shall recuse himself/herself and take no further action on matters regarding the potential future employer.
(j) No city official shall use city facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public.
(k) No city official shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large.
(l) A city official shall not directly or indirectly make use of, or permit others to make use of, official information not made available to the general public for the purpose of furthering a private interest.
(m) A city official shall not use his or her position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to such official or persons within the official’s immediate family, or those with whom the official has business or financial ties amounting to a substantial interest.
(n) A city official shall not order any goods and services for the city without prior official authorization for such an expenditure. No city official shall attempt to obligate the city nor give the impression of obligating the city without proper prior authorization.
(o) No city official shall draw travel funds or per diem from the city for attendance at meetings, seminars, training or other educational events and fail to attend such events without promptly reimbursing the city therefore.
(p) No city official shall attempt to unduly influence the outcome of a case before the Municipal Court of the City of Duluth, Georgia nor shall any city official engage in ex parte communication with a municipal court judge of the City of Duluth, Georgia on any matter pending before the Municipal Court of the City of Duluth, Georgia.
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Sec. 2-225 CONFLICT OF INTEREST
(a) A city official may not participate in a vote or decision on a matter affecting an immediate family member or any person, entity, or property in which the official has a substantial interest.
(b) A city official who serves as a corporate officer or member of the board of directors of a nonprofit entity must disclose their interest in said entity to the mayor and council prior to participating in a vote or decision regarding funding of the entity by or through the city.
(c) Where the interest of a city official in the subject matter of a vote or decision is remote or incidental, the city official may participate in the vote or decision and need not disclose the interest.
Sec. 2-226 BOARD OF ETHICS
(a) The Board of Ethics of the City shall be composed of three (3) residents of the City to be appointed as follows: the mayor and councilmembers shall each designate two (2) qualified citizens to provide a pool of twelve (12) number of individuals who have consented to serve as a member of such Board of Ethics and who will be available for a period of four (4) years to be called upon to serve if needed. The City Clerk shall maintain a listing of these qualified citizens. Upon receipt of a properly verified complaint and timely forwarding of that complaint to the city official charged in the complaint, the Mayor and Council, at the next regularly scheduled public meeting or at a specially called public meeting, shall draw names randomly from the listing of qualified citizens until three (3) members of the Board of Ethics have been appointed. Such Board will elect one of its members to serve as chair.
(b) All members of the Board of Ethics shall be residents of the city for at least one (1) year immediately preceding the date of taking office and shall remain a resident while serving on the Board.
(c) All members of the Board of Ethics shall serve a four (4) year term.
(d) No person shall serve as a member of the Board of Ethics if the person has, or has had within the preceding one (1) year period, any interest in any contract or contracting opportunity with the city or has been employed by the City.
(e) Members of the Board of Ethics with any permit or rezoning application pending before the city, or any pending or potential litigation against the city or any city official charged in the complaint shall be disqualified from serving on the Board of Ethics for that complaint. An alternate member of the Board of Ethics shall be selected in the same manner as the disqualified individual.
(f) The members of the Board of Ethics shall serve without compensation. The city council shall provide meeting space for the Board of Ethics and, subject to
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(g) No person shall serve on the Board of Ethics who has been convicted of a felony in this state or any other state, unless such person’s civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony.
(h) No person shall serve on the Board of Ethics who is less than 21 years of age, who holds a public elective office, or who is not qualified to be a registered voter in the City of Duluth, Georgia.
(i) Members of the Board of Ethics may be removed by majority vote of the city governing authority for cause including, but not limited to, failure to maintain any requirement for qualification to serve on the Board of Ethics.
Sec. 2-227 RECEIPT OF COMPLAINTS
(a) All complaints shall be submitted and signed under oath, shall be legibly drawn and shall clearly address matters within the scope of this ordinance.
(b) All complaints against city officials shall be filed with the city clerk, who will give it to the Board of Ethics. Upon receipt of a complaint in proper form, the city clerk or the clerk’s designee shall forward a copy of the complaint to the city official or officials charged in the complaint within no more than seven (7) calendar days.
(c) Upon receipt of a complaint in proper form, the Board shall review it to determine whether the complaint is unjustified, frivolous, patently unfounded or fails to state facts sufficient to invoke the disciplinary jurisdiction of the City Council. The Board of Ethics is empowered to dismiss in writing complaints that it determines are unjustified, frivolous, patently unfounded or fail to state facts sufficient to invoke the disciplinary jurisdiction of the City Council; provided, however, that a rejection of such complaint by the Board of Ethics shall not deprive the complaining party of any action such party might otherwise have at law or in equity against the city official. For complaints that are not dismissed, the Board of Ethics is empowered to collect evidence and information concerning any complaint and add the findings and results of its investigations to the file containing such complaint.
(d) Upon completion of its investigation of a complaint, the Board of Ethics is empowered to dismiss in writing those complaints which it determines are unjustified, frivolous, patently unfounded or which fail to state facts sufficient to invoke the disciplinary jurisdiction of the City Council; provided, however, that a rejection of such complaint by the Board of Ethics shall not deprive the complaining party of any action such party might otherwise have at law or in equity against the city official.
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(e) The Board of Ethics is empowered to review the Complaint and other written materials submitted in support thereof, to take evidence, and to hold hearings to address the subject matter of a complaint.
(f) The Board of Ethics is empowered to adopt forms for formal complaints, notices, and any other necessary or desirable documents within its jurisdiction where the city council has not prescribed such forms.
(g) Findings of the Board of Ethics shall be submitted to the City Council for action.
(h) To discourage the filing of ethics complaints solely for political purposes, complaints will not be accepted against a person seeking election as a city official, whether currently serving as a city official or not, from the date qualifying opens for the elected office at issue through the date the election results for that office are certified. The time for filing complaints will not run during this period. Properly filed complaints will be accepted and processed after the election results have been certified.
Sec. 2-228 SERVICE OF COMPLAINT AND HEARING a. The city clerk or Board of Ethics as appointed herein set forth shall cause the complaint to be served on the city official charged as soon as practicable but in no event later than seven (7) calendar days after receipt of a proper, verified complaint. Service may be by personal service, by certified mail, return receipt requested or by statutory overnight delivery.
b. Unless the Complaint is dismissed as the result of the Board’s initial review, a hearing shall be held within sixty (60) calendar days after filing of the complaint.
c. The Board of Ethics shall conduct hearings in accordance with the procedures and regulations it establishes. At any hearing held by the Board of Ethics, the city official who is the subject of inquiry shall have the right to written notice of the hearing and the allegations at least seven (7) calendar days before the first hearing, to be represented by counsel, to hear and examine the evidence and witnesses and, to oppose or try to mitigate the allegations. The city official subject to the inquiry shall have also have the right but not the obligation of submitting evidence and calling witnesses.
d. The decision of the Board of Ethics shall be rendered to Mayor and Council within seven (7) calendar days after completion of the final hearing.
e. Failure to comply with any of time deadlines in this section of the ordinance shall not invalidate any otherwise valid complaint or in any way affect the power or jurisdiction of the Board of Ethics or the city council to act upon any complaint.
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Sec. 2-229 RIGHT TO APPEAL
(a) Any city official or complainant adversely affected by the findings or recommendations of the Board of Ethics may obtain judicial review of such decision as provided in this Section.
(b) An action for judicial review may be commenced by filing an application for a writ of certiorari in the Superior Court of Gwinnett County within thirty (30) days after the decision of the Board of Ethics. The filing of such application shall act as supersedeas.
Sec. 2-230 PENALTY
Any violations of this article shall be punishable up to the maximum extent permitted by law. Any sanction shall be carried out in accordance with the provisions of this article, as well as any other applicable law and may include public admonition, public reprimand, suspension, demotion, removal from office and/or termination from employment as allowed by applicable law.
Section 2. The sections, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any section, subsection, paragraph, sentence, clause or phrase shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining section, subsections, paragraphs, sentences, clauses and phrases of this ordinance.
Section 3. All ordinances and parts of ordinances in conflict herewith are expressly repealed.
IT IS SO ORDAINED this day of 2021.
______Mayor Nancy Harris
Those councilmembers voting in favor: ______Marsha Anderson. Bomar, Post 1
______Marline Thomas, Post 2
______Billy Jones, Post 3
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______Kelvin J. Kelkenberg, Post 4
______Greg Whitlock, Post 5
Those councilmembers voting in opposition: ______
______
______
ATTEST: ______Teresa S. Lynn, City Clerk
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2020 Insolvent Tax Write Offs Parcel ID Year Name Location Address Base Amt Pen & Int Write Off Reason For Write Off
B402605 2020 Aineo Cultural Art Center Inc 4227 Pleasant Hill Rd Ste 100 21.16 1.75 22.91 Closed 12-31-2019 New tenant moved in Jan 2020 Tyler New Media LLC B090478 2020 BOGOPA Hooch Golf Club LLC 2705 Peachtree Ind Blvd 490.47 40.46 530.93 Closed 12-18-2019 Sold to Delveloper Jen Gerogia 14 LLC B0402488 2020 BOGOPA Peantree Golf LLC 2833 Peachtree Ind Blvd 408.78 33.73 442.51 Closed 12-31-2019 Sold to Developer Jen Georgia 14 LLC B201825716 2019 Car Stop Inc 3405 Buford Hwy 31.84 9.89 41.73 State License not renewed. Location was vacant B201825716 2020 Car Stop Inc 3405 Buford Hwy 31.84 2.62 34.45 State License not renewed. Location was vacant B201821730 2020 Dr. SEM Dental Inc 3195 Buford Hwy Ste 3 86.21 6.66 92.87 Did not renew in 2020 Moved to Peachtree Corners end of 2019 B202034107 2020 Duluth Racquet Club LLC 2650 Olde Towne Pkwy 148.9 12.29 161.19 Vacant in 2019 Sold property to Randall Allen Dameron under 2650 Olde Towne B201508192 2020 Epic Tire Wholesale 3270 Summit Ridge Pkwy Ste 100 1393.79 114.99 1508.78 They never renewed 2020 renewal. John Compton Lic Compliance Officer found vacant B201825718 2018 Eyes Have Not Seen 3109 Main Street 47.49 18.75 66.24 Moved out no notice. Location is still vacant. B201825718 2019 Eyes Have Not Seen 3109 Main Street 47.49 14.75 62.24 Moved out no notice. Location is still vacant. B201825718 2020 Eyes Have Not Seen 3109 Main Street 47.49 3.91 51.4 Moved out no notice. Location is still vacant. B201401362 2020 Farmhouse 3107 Main St Ste A 64.72 5.01 69.73 There was a fire in 2019 and she never reopened. Provision there now B202142962. B201931739 2019 Gant Technologies 2510 Tree Summit Pkwy 20.11 6.24 26.35 Moved to Cobb County in 2019 B201931739 2020 Gant Technologies 2510 Tree Summit Pkwy 20.11 1.66 21.77 Moved to Cobb County in 2019 B421606 2018 Gomez Auto Repair 3568 Buford Hwy B101 280.38 110.69 391.07 Did not renew in 2018. Moved out of City. Location vacant in 2018 per J Compton. B421606 2019 Gomez Auto Repair 3568 Buford Hwy B101 280.38 87.07 367.45 Did not renew in 2018. Moved out of City. Location vacant in 2018 per J Compton. B421606 2020 Gomez Auto Repair 3568 Buford Hwy B101 280.38 23.13 303.51 Did not renew in 2018. Moved out of City. Location vacant in 2018 per J Compton. B201614266 2017 HDTV Repair & Sale 2933 Pleasant Hill Rd Ste A3 79.86 37.47 117.33 Closed 8-16-18. Did not send in 2018 Renewal B201614266 2018 HDTV Repair & Sale 2933 Pleasant Hill Rd Ste A3 79.07 31.21 110.28 Closed 8-16-18. Did not send in 2018 Renewal B201614266 2019 HDTV Repair & Sale 2933 Pleasant Hill Rd Ste A3 78.22 24.29 102.51 Closed 8-16-18. Did not send in 2018 Renewal B201931722 2019 Honghing Construction & Renovation 2933 Pleasant Hill Rd Ste A4 455.36 141.41 596.77 Closed in 2018. Did not renew in 2019. B201931722 2020 Honghing Construction & Renovation 2933 Pleasant Hill Rd Ste A4 455.36 37.57 492.93 Closed in 2018. Did not renew in 2019. B201719556 2019 In A Box 2645 N Berkeley Lake Rd Ste A115 26.79 8.32 35.11 Moved to Atlanta 1-11-2019 Did not renew 2019 B201719556 2020 In A Box 2645 N Berkeley Lake Rd Ste A115 26.79 2.35 29.14 Moved to Atlanta 1-11-2019 Did not renew 2019 B201931629 2019 MVP Roofing 3940 Buford Hwy Ste A101 222.73 69.17 291.9 Moved to Suwanee in 2019 . Tried to collect but they did not pay it. B201719873 2019 MSOTO Auto Services 3580 Buford Hwy 68.2 21.18 89.38 Closed 12-31-2018. Did not renew in 2019 B201719873 2020 MSOTO Auto Services 3580 Buford Hwy 57.39 5.03 62.42 Closed 12-31-2018. Did not renew in 2019 B201721490 2019 Maxfitness SP Duluth LLC 2220 Peachtree Ind STE B130 258.31 80.21 338.52 Closed 12-31-2018. Did not renew in 2019 B201721490 2020 Maxfitness SP Duluth LLC 2220 Peachtree Ind STE B130 205.7 18.05 223.75 Closed 12-31-2018. Did not renew in 2019 B201401374 2018 NK Food Mart Inc 2700 Buford Hwy Ste A 157.16 62.04 219.2 New Owner took over in 2017 billing under B201931607 Abdul Tayyer USA B201721469 2018 OE Virgin Hair 3545 Peachtree Ind Ste 8B 142.42 56.22 198.64 Closed in 2018. Cannot locate owner. B201826943 2018 Pic Pic Prints Inc 3940 Buford Hwy St B109 65.38 25.81 91.19 Did not renew 2019 Renewal. Compliance Officer John Compton found location vacant B201826943 2019 Pic Pic Prints Inc 3940 Buford Hwy St B109 65.38 20.31 85.69 Did not renew 2019 Renewal. Compliance Officer John Compton found location vacant B201826943 2020 Pic Pic Prints Inc 3940 Buford Hwy St B109 65.38 5.39 70.77 Did not renew 2019 Renewal. Compliance Officer John Compton found location vacant B202037616 2020 PPS Business Solution LLC 2550 Peasant Hill Rd Ste 106 488.9 40.34 529.24 Did not renew 2020 Renewal. Compliance Officer John Compton found location vacant. B202038343 2020 Printer and Pars Warehouse 3270 Summit Ridge Pkwy Ste 110 48.94 4.04 52.98 Did not renew 2019 Renewal. Compliance Officer John Compton found location vacant B201931689 2019 Red Air Studio 3545 Peachtree Industrial Blvd 245.47 76.22 321.69 Moved out of City in 2019. B201614275 2019 S and H Business Group Inc 3086 Buford Hwy 105.73 32.84 138.67 Billed owner at home address but he refused to submit. B201614275 2020 S and H Business Group Inc 3086 Buford Hwy 105.73 8.73 114.46 Billed owner at home address but he refused to submit. B391404 2019 Udipi Café 3300 Peachtree Industrial Blvd Ste J 131.02 13.38 144.4 New Owner paid for Nov & Dec 2019. Old owner has refused to pay remaining. B201931645 2019 Weavehaus Inc 3434 Howell St Ste D 144.65 44.92 189.57 Closed 11-30-2018. Did not renew in 2019. Replaced by Pet Project B201931645 2020 Weavehaus Inc 3434 Howell St Ste D 144.65 12.68 157.33 Closed 11-30-2018. Did not renew in 2019. Replaced by Pet Project
7626.13 1372.78 8998.91
Approved for insolvency by Governing Authority
Mayor Nancy Harris Date
BA-FY21-37
ORDINANCE TO AMEND THE CITY OF DULUTH 2021 FISCAL YEAR BUDGET
AN ORDINANCE TO AMEND THE 2021 ANNUAL BUDGET FOR THE CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF THE STATE OF GEORGIA.
THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of Duluth, Georgia, has previously adopted a budget for the 2021 fiscal year as follows:
Total Revenues: 73,735,343
Operations Expenditures: 25,543,461
Capital Improvement Expenditures: 48,191,882
Total Expenditures: 73,735,343
For a balanced budget in compliance with the laws of the State of Georgia.
WHEREAS the City of Duluth is seeking a Transportation Alternative Projects (TAP) grant for pedestrian enhancements along West Lawrenceville Street and Pine Needle Drive; and
WHEREAS staff is requesting $50,000 to complete a application process which includes concept layouts, environmental screening, construction and right-of-way estimates, public meeting and utility impacts; and
WHEREAS it is requested $50,000 in unallocated 2014 SPLOST Transportation revenue be added to CD-78 Pedestrian Improvements – W. Lawrenceville and Pine Needle Drive – Transfer from 14 SPLOST line item and a like expenditure amount be added to Pedestrian Improvements – W. Lawrenceville and Pine Needle – Sidewalks and Crosswalks – Professional Services line item; and
NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows:
Total Revenues & Prior Yr Reserves 73,785,343
Operations Expenditures: 25,543,461
Capital Improvement Expenditures: 48,241,882
Total Expenditures: 73,785,343
IT IS SO ORDAINED this day of , 2021. Budget Amendment, p2
______Mayor Nancy Harris
Those councilmembers voting in favor: ______Marsha A. Bomar, Post 1
______Marline Thomas, Post 2
______Billy Jones, Post 3
______Kelvin J. Kelkenberg, Post 4
______Greg Whitlock, Post 5
Those councilmembers voting in opposition: ______
______
______
ATTEST:______Teresa S. Lynn, City Clerk
City of Duluth, Ga Title VI Outreach Plan - Updated 2021
TITLE VI OUTREACH PLAN CITY OF DULUTH, GEORGIA
City of Duluth is committed to compliance with Title VI of the Civil Rights Act of 1964 and all related regulations and directives. City of Duluth assures that no person shall on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. City of Duluth further assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether or not those programs and activities are federally funded. In addition, City of Duluth will take reasonable steps to provide meaningful access to services for persons with Limited English Proficiency.
As part our efforts to include all of our citizens in a meaningful way, the City is committed to reaching out to populations that are typically underserved. The City is implementing an outreach plan as outlined on the following pages, to engage and include the diverse population we serve. This is intended to be a living document that is revised based on the needs of the community.
Mayor Nancy Harris Authorized Representative
City of Duluth, Ga Title VI Outreach Plan - Updated 2021
I. Demographics a. According to the preliminary 2020 census results (actual 2020 census data not yet available at the time of this update), the predominant demographics within the City reflect: i. Caucasian - approximately 34% ii. Asian – approximately 25% iii. African American – approximately 23% iv. Latino - approximately 16% v. Other - approximately 2% b. According to Duluth HS, the most recent available demographics reflect: i. Latino – approximately 38% ii. African American – approximately 29% iii. Caucasian – approximately 15% iv. Asian – approximately 15% v. Multiracial/Other – approximately 3% c. According to Peachtree Ridge HS, the most recent available demographics reflect: i. African American – approximately 29% ii. Asian – approximately 27% iii. Caucasian – approximately 20% iv. Latino – approximately 19% v. Multiracial/Other – approximately 5% d. NOTE – Duluth High School is home to one of Gwinnett County’s six “International Transition Centers”, helping newcomers acclimate to the American School System, and assisting with accelerated English proficiency, math skills, and career skills. II. Prevalent Languages a. English is the predominant language spoken in Duluth b. The following languages are also spoken within the City: i. Spanish ii. Korean iii. Mandarin iv. Japanese v. French vi. Arabic vii. Portuguese viii. Swahili ix. Hindi x. Vietnamese xi. Turkish xii. Russian xiii. Other xiv. Duluth High School has reported that over 50 different languages are spoken as a result of the diversity in the student population. City of Duluth, Ga Title VI Outreach Plan - Updated 2021 III. Potential Barriers to Participation a. Ineffective Advertisements (if only advertised in one language or to only one target audience, or via one method only such as newsprint OR social media) b. Time of day participatory events are held c. Location of events, if held in person d. Access to computer(s) and/or internet if event is held virtually e. Transportation to/from event (Duluth currently has very limited public transit service) f. Language and translation service availability IV. Identifying and Connecting with Underserved Areas of the Community a. Identify Community Champions outside of elected officials b. Involving local schools, churches, media outlets, civic organizations, senior organizations c. Involving HOAs and Apartment Complex Management d. Revival of Korean Task Force e. Informational handouts in multiple languages f. Advertisement of the Language Line (in multiple languages) – this is a pay-as-you- go interpreting service currently used by the Courts, Public Safety, and the City Clerk’s Office. Can expand usage to entire City. http://www.languageline.com/ g. Formal interpreters (similar to the services used by the Court System) h. Hiring of future City staff with multilingual capabilities (as possible) V. Implementing Improvements a. We do not have the resources to translate everything into 12+ languages every time we advertise an event. Need to determine which events are translated, and which languages are used. i. Example – Determine cost to publish website in multiple languages (English, Spanish, Korean are the three most common) ii. Example – Determine cost to publish Duluth Life magazine in multiple languages iii. Example – Determine cost to publish event advertisements in multiple languages iv. Example – Determine cost of having in-person translators at targeted events (Which ones? How many?) b. We do have citizens that are influential within their communities with whom we can partner. i. Example – May want to start at ground zero with an outreach event to identify the local champions, civic leaders of minority groups, potential diversity partners, and get a conversation started. The results of that meeting may help guide future versions of this outreach plan. ii. Example – Marketing efforts can include reaching out to media outlets that serve Hispanic and Asian populations. iii. Example – May be able to build off of City’s LEAD program to identify partners/champions, and works with those identified as we move forward in our outreach efforts. City of Duluth, Ga Title VI Outreach Plan - Updated 2021 1. http://www.duluthga.net/community/get_7involved/l_e_a_d_learn_e ngage_advance_duluth.php 2. LEAD (Learn, Engage, Advance Duluth) Academy is a seven week program that teaches citizens and business owners in the City about municipal operations, City services, and the responsibilities of local government. Participants are encouraged to become active on various City Boards and Committees, and to volunteer their time and talents to help solve community issues. This may be an ideal environment to kick off a Diversity Committee to partner with the City on outreach opportunities. 3. Student LEAD program held in partnership with Duluth High School. This is a six month program with six students, meeting once per month, to learn about municipal government operations. The goal is to engage students and get them educated and involved with civic programs. They participate as juniors so that they can lead a project as seniors for the next student LEAD class of juniors. Students are selected from a diverse population by the high school administration. c. Timeline i. Initial outreach plan vetted and approved by Staff/Council/Mayor in 2016. ii. Since plan is a living document, strategies that work well will be documented and maintained, and strategies that do not work well will be documented and adjusted or removed. iii. Each successive draft will include a list of strategies that were implemented in the previous 3 year period. VI. Documentation/Strategies – What we have done to date: a. Initial Reporting Year – Up to and including 2016 i. All City-owned facilities are ADA compliant. (ongoing) ii. City uses on-demand language translation services for Court system, Public Safety, and the City Clerk’s Office. (ongoing) iii. City’s Parks & Recreation Programming caters to an exceptionally wide range of ages and interests, with bilingual instructors for some of their programs. (ongoing) iv. Stormwater educational outreach brochures (RE Pet Waste) were published in English, Spanish, and Korean. All left over fliers were donated to local veterinary clinics to distribute to their clients. (2016 event) v. City’s LEAD and Student LEAD programs recruit participants from diverse communities, and encourage ongoing participation after class is complete. (ongoing) vi. City has relationship with Korean media outlets and forwards event information to them for publication. (ongoing) vii. City staff participate in career fairs at Duluth Middle School to reach diverse student populations at the one-on-one level. (ongoing) viii. City staff personally recruited a diverse group of students from City of Duluth, Ga Title VI Outreach Plan - Updated 2021 Chattahoochee and Mason Elementary Schools to attend the State of the City address. This includes attendance by their parents and teachers that may not otherwise happen. (2016) ix. City Public Safety Department runs a Citizens Police Academy and a Hispanic Citizens Police Academy. The Police Academy is a seven week (20+ hour) training class. It covers subject matters such as active shooter, accident reconstruction, traffic law, and DUI enforcement. The Hispanic class is advertised and taught completely in Spanish. Students are recruited via social media, community outreach, and advertisement through a Hispanic church within the City. It is another way our PD builds positive relationships in the Hispanic Community. In 2016, we had 28 participants. (ongoing two times per year) b. Renewal reporting year – up to and including 2018 i. Previous strategies were continued (as listed above). ii. Full time Spanish translator was hired for the court system with a Korean translator on call. iii. Our new and improved website can now translate any of our posted information into over 100 languages simply by clicking the “Translate” icon at the top right of the page. (ongoing) iv. Local elections (November 2017) were advertised and held in English and in Spanish. 100% of the materials, signs, ballots, and information were available in both languages. An interpreter was onsite at polling locations to assist with Spanish translation. (Ongoing moving forward) v. City initiated the NOW Program (Neighborhood Outreach Work) where City Staff and traditionally underserved neighborhoods work together to improve and stabilize their area. This includes neighborhood clean ups, meetings with HOA’s (at their convenient time and location) to discuss specific concerns, identification of areas in special need of code enforcement and those in need of City and/or privately sponsored maintenance and/or capital improvement projects. To date, City sponsored a neighborhood cleanup event in two specific neighborhoods, a stream cleanup in another neighborhood, and a post hurricane cleanup in several neighborhoods around town that did not have the resources to clean up on their own. All of these efforts were run/staffed by volunteer city staff and elected officials with help from local sponsors that provided food and water to the volunteers, the participants, and the neighborhoods. Additional programing is being planned. (Ongoing since inception) vi. Public meetings for our bridge replacement project (Parks & Rec) were held in two locations on two separate days and online for 30 days, and included all materials (advertisements, fact sheets, comment cards) translated into Spanish and Korean. (2017) vii. City staff extended its student outreach/school partnerships to include Coleman Middle School. Coleman MS also includes a diverse population that mirrors the City’s. Staff coordinates regularly with school officials and City of Duluth, Ga Title VI Outreach Plan - Updated 2021 teachers to support student curriculum, projects, and special events. c. Renewal reporting year – up to and including 2021 i. Previous strategies were continued (as listed above). ii. Elections continue to be advertised and held in English and Spanish. iii. Make up of City Council is more diverse with more segments of the population being represented. iv. More meetings are held virtually (due to COVID-19). Now that technology is available for ongoing use as needed. v. Expanded the Duluth NOW program with more outreach and more events (less the time during COVID-19 when in person events were cancelled/reschedule to a safer date). vi. Stormwater educational outreach at our July 3rd event continues to be in multiple languages (less the 7/3/20 event that was cancelled due to COVID). vii. In 2021, department heads were requested to set goals for non-discrimination outreach and education among their staff and within the community. The following draft goals were recommended for implementation in the next 3 years: 1. Public Information / Events Department – Add more diverse events and advertise them in multiple languages 2. Planning & Zoning Department – Continue to work on long range goals from the City’s comp plan 3. Stormwater Department – Continue developing targeted informational/educational brochures/articles about stormwater issues, and make them available in multiple languages 4. Public Safety Department – Continue the Hispanic Citizens Police Academy (as COVID permits), translate crime prevention information into additional languages, and proactively target crime prevention where it exists in underserved populations. 5. Courts – Proactive outreach to the Korean Community to educate them about court operations, and allow them to meet the judges, ask questions, and gain familiarity with the system through positive and open programing. Our Korean-American Judge would be the interpreter/translator for the event(s). 6. Parks & Recreation Department – Expand programming for the elderly population. 7. Public Works Department – May translate garbage dump cards into Spanish and proactively reach out to the Hispanic community to educate them on what the dump card is, how to acquire one, and the rules of use. 8. Business Office – Continue elections in English and Spanish. Have basic applications translated into additional languages – ie liquor license, business license, etc. 9. Human Resources Department – Continue to educate new hires on Discrimination, EEO, and ADA Policies of the City. Recruit, as able, bilingual staff. TITLE VI NON-DISCRIMINATION AGREEMENT
The Georgia Department of Transportation and
City of Duluth
Policy Statement
The (Name of Recipient) City of Duluth, hereinafter referred to as the “Recipient” assures that no person shall on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. The Recipient further assures every effort will be made to ensure non- discrimination in all of its programs and activities, whether those programs and activities are federally funded or not.
The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by expanding the definition of terms “programs or activities” to include all programs or activities of Federal Aid recipients, sub-recipients, and contractors/consultants, whether such programs and activities are federally assisted or not.
In the event the Recipient distributes federal aid funds to a sub-recipient, the Recipient will include Title VI language in all written agreements and will monitor for compliance.
The Recipient’s (Name of person/division) James Riker, City Manager, is responsible for initiating and monitoring Title VI activities, preparing reports and other responsibilities as required by 23 Code of Federal Regulation(CFR) 200 and 49 Code of Federal Regulation 21.
Nancy Harris Name of Responsible Agency Official (Please Print)
Mayor Title
6/14/21 Date Title VI Non-Discrimination Agreement Page No. 1 Title VI Program
Organization and Staffing
Pursuant to 23 CFR 200, (Name of Recipient) ______City of Duluth has appointed a Title VI Specialist who is responsible for Attachment 1, which describes the hierarchy for (Name of Recipient)’s ______City of Duluth's Title VI Program, including an organization’s chart illustrating the level and placement of Title VI responsibilities.
Assurances
49 CFR Part 21.7
The ______,City of Duluth hereby gives assurances:
1. That no person shall on the grounds of race, color, national origin, and sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the recipient regardless of whether those programs and activities are Federally funded or not. Activities and programs which the recipient hereby agrees to carry out in compliance with Title VI and related statutes include but are not limited to:
List all major programs and activities of the recipient and Title VI responsibilities for each one of them. Include information as Attachment 2 to this Nondiscrimination Agreement.
2. That it will promptly take any measures necessary to effectuate this agreement.
3. That each program, activity, and facility as defined at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement.
4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the recipient by the Georgia Department of Transportation (GDOT) under the Federally-Funded Program and is binding on it, other recipients, subgrantees, contractors, sub-contractors, transferees, successors in interest and other participants. The person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Recipient.
5. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federally-Funded programs and, in adapted form all proposals for negotiated agreements. Title VI Non-Discrimination Agreement Page No. 2 The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.
6. That the Recipient shall insert the clauses of Appendix A of this Agreement in every contract subject to the Act and the Regulations.
7. That the Recipient shall insert the clauses of Appendix B of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein.
8. That the Recipient shall include the appropriate clauses set forth in Appendix C of this Agreement, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under a Federal Aid Program; and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under a Federal Aid Program.
9. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement.
Title VI Non-Discrimination Agreement Page No. 3 Implementation Procedures
This agreement shall serve as the recipient’s Title VI plan pursuant to 23 CFR 200 and 49 CFR 21.
For the purpose of this agreement, “Federal Assistance” shall include:
1. grants and loans of Federal funds,
2. the grant or donation of Federal property and interest in property,
3. the detail of Federal personnel,
4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and
5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance.
The recipient shall:
1. Issue a policy statement, signed by the head of the recipient, which expresses it’s commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the recipient’s organization and to the general public. Such information shall be published where appropriate in languages other than English.
2. Take affirmative action to correct any deficiencies found by GDOT or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The head of the recipient shall be held responsible for implementing Title VI requirements.
3. Establish a civil rights unit and designate a coordinator who has a responsible position in the organization and easy access to the head of the recipient. This unit shall contain a Title VI Specialist, who shall be responsible for initiating and monitoring Title VI activities and preparing required reports.
4. Adequately staff the civil rights unit to effectively implement the civil rights requirements.
5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin or sex, the nature of the complaint, the date the complaint was filed, the date the investigation was completed, the disposition, the date of the disposition, and other pertinent information. A copy of the complaint, together with a copy of the recipient’s report
Title VI Non-Discrimination Agreement Page No. 4 of investigation, will be forwarded to GDOT’s Office of Equal Employment Opportunity (OEEO) within 10 days of the date the complaint was received by the recipient.
6. Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries of the programs and activities conducted by the recipient.
7. Conduct Title VI reviews of the recipient and sub-recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements.
8. Conduct training programs on Title VI and related statutes.
9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year. a) Annual Work Plan Outline Title VI monitoring and review activities planned for the coming year; state by which each activity will be accomplished and target date for completion.
b) Accomplishment Report List major accomplishments made regarding Title VI activities. Include instances where Title VI issues were identified and discrimination was prevented. Indicate activities and efforts the Title VI Specialist and program area personnel have undertaken in monitoring Title VI. Include a description of the scope and conclusions of any special reviews (internal or external) conducted by the Title VI Specialist. List any major problem(s) identified and corrective action taken. Include a summary and status report on any Title VI complaints filed with the recipient.
Title VI Non-Discrimination Agreement Page No. 5 Discrimination Complaint Procedure
1. Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the recipient. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the recipient’s Title VI Specialist for review and action.
2. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after:
a) The date of alleged act of discrimination; or
b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued.
In either case, the recipient or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing.
3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the recipient, the person shall be interviewed by the Title VI Specialist. If necessary, the Title VI Specialist will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the recipient’s investigative procedures.
4. Within 10 days, the Title VI Specialist will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, an advise the complainant of other avenues of redress available, such as GDOT and USDOT.
5. The recipient will advise GDOT within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to GDOT:
a) Name, address, and phone number of the complainant.
b) Name(s) and address (es) of alleged discriminating official(s).
c) Basis of complaint (i.e., race, color, national origin or sex)
d) Date of alleged discriminatory act(s).
e) Date of complaint received by the recipient.
f) A statement of the complaint. Title VI Non-Discrimination Agreement Page No. 6 g) Other agencies (state, local or Federal) where the complaint has been filed.
h) An explanation of the actions the recipient has taken or proposed to resolve the issue raised in the complaint.
6. Within 60 days, the Title VI Specialist will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the head of the recipient. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings.
7. Within 90 days of receipt of the complaint, the head of the recipient will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with GDOT, or USDOT, if they are dissatisfied with the final decision rendered by the Recipient. The Title VI Specialist will also provide GDOT with a copy of this decision and summary of findings upon completion of the investigation.
8. Contact for GDOT’s Title VI staff is as follows:
Georgia Department of Transportation
Office of Equal Opportunity, Title VI/ Program
600 West Peachtree Street, N.W. 7th Floor
Atlanta, GA 30308
(404) 631-1497
Title VI Non-Discrimination Agreement Page No. 7 Sanctions
In the event the recipient fails or refuses to comply with the terms of this agreement, the GDOT may take any or all of the following actions: a) Cancel, terminate, or suspend this agreement in whole or in part; b) Refrain from extending any further assistance to the recipient under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the recipient. c) Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the recipient. d) Refer the case to the Department of Justice for appropriate legal proceedings.
SIGNED FOR THE GEORGIA DEPARTMENT OF TRANSPORTATION:
Signature
Commissioner Title
Date
NAME OF RECIPIENT:
Signature
Mayor Title 6/14/21
Date
Title VI Non-Discrimination Agreement Page No. 8 Appendix A
During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to non- discrimination on the grounds of race, color, sex, or national origin.
4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to GDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Non-compliance In the event of the contractor’s non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to:
Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non- compliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request GDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. Appendix B
The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States.
GRANTING CLAUSE
NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Georgia will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with an in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, the Department of Transportation GDOT (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1064 (78 Stat. 252: 42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and convey unto the state of Georgia all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the state of Georgia, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Georgia, its successors, and assigns.
The state of Georgia, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)(and)* (2) that the state of Georgia, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above mentioned non-discrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.1
1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. Appendix C
The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by (Recipient) pursuant to the provisions of Assurance 8.
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose of which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination in federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended.
That in the event of breach of any of the above non-discrimination covenants, the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease has never been made or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the Georgia State Department of Transportation pursuant to the provisions of Assurance 8.
The LESSEE, or himself or herself, his or her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person, on the grounds of race, color, sex, or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and furnishing of services thereon, no person on the grounds of race, color, sex, and national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination in federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above non-discrimination covenants, the STATE shall have the right to terminate the ease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued.
Revised 01/17 Title VI Non-Discrimination Agreement - Attachment 1
Teresa Lynn, Business Office, Human Resources, City Clerk Facilities Maintenance
Chris McGahee, Director Marketing, Events, Public Information, Marketing & Economic Development Economic Development
Judge Charles Barrett III, Courts Chief Judge
James Riker, City Manager Kathy Marelle, Director Park Planning & Facility Mgt, (Overseer of Civil Rights Unit) Parks & Recreation Recreation Programming
Bill Aiken, Director Planning, GIS, Code Enforcement, Stormwater, Building Inspections, Planning & Development Engineering
Chief Randy Belcher,
Mayor and Council Mayor Public Safety Police Chief
Audrey Turner, Director Right of Way Maintenance, Facilities Maintenance, Fleet Maintenance, Public Works Community Enhancement
City of Duluth Organizational Chart
The Civil Rights Unit is a part of the City Manager’s Office. The City Manager, or his appointee, compiles reports, processes complaints, and ensures compliance with the City’s policies. Civil Rights Unit, headed by City Manager Human ResourceManager Deputy Chief of PoliceChief of Deputy Title VI ProgramOrganizational Chart City Manager City Engineer City City AttorneyCity
Annual Reporting, RFP/RFB/RFQ Reporting, Annual Compliance for Capital Program Tasks to Others Team, His on as ReviewsContracts, Investigates Processes Complaints, Assigns Processes Assigns Complaints, Assists with Complaint Filing, Relative to Law EnforcementRelativeLaw to Handles Title VI Complaints VI Title Handles and Processes Complaints Processesand Educates/Trains StaffCity Compliance, ContractCompliance, needed
Programs and Activities - Attachment 2 Department Activities Title VI Responsibilities Mayor and Council (Elected) Set policy, approve ordinances Compliance agreement
City Attorney (Outsourced) Reviews contracts and legal documents Ensures compliance with the law Investigates civil rights complaints
City Manager Manages daily operations Compliance oversight and oversight of Civil Rights Unit Ensures compliance with City policies
City Clerk Finance/Accounting Ensures timely payments to SBE/DBE.MBE/WBE Human Resources Ensures compliance with EEO policy, Title VI, and other policy Alcohol Licensing Ensures fair and equal licensing practices Tax Collection Ensures fair and equal tax collection practices Information Technology Maintains hardware/software - follows city policy Municipal Elections Ensures legal req. for elections are followed - in multiple languages Support for Mayor and Council
Marketing and Economic Development Local Business Assistance Ensures fair and equal treatment of all business and potential business owners Events Ensures multilingual ads and diverse programming for inclusion of all population Publications Ensures diverse materials to reach maximum population Website Management Ensures timely info sharing in multiple languages Marketing and Outreach Ensures a variety of methods to reach the max number of citizens Information Sharing Ensures a variety of methods to reach the max number of citizens
Courts Adjudicates cases Ensures fair and equal treatment of all citizens, according to the law Public Education/Awareness of the law Conducted in multiple languages to suit the needs of the community Citation collections Ensures fair and equal collection of fees or equivalent value Teen Court Ensures additional education for the younger offenders, according to the law
Parks & Recreation Park planning and maintenance Ensures compliance with ADA and other legal requirements Sports programming (youth & adult) Strives to be as inclusive as possible Special events Strives to be as inclusive as possible Summer camps Strives to be as inclusive as possible Active adult programming Strives to be as inclusive as possible Other programming Strives to be as inclusive as possible
Planning & Development Long and short range planning Planning done in accordance with legal and professional standards Development reviews and inspections Ensures fair and equal treatment based solely on standards, codes, and policies Land use modifications Ensures fair and equal treatment based solely on standards, codes, and policies Code enforcement Ensures fair and equal enforcement without preference or prejudice Permit issuance Ensures fair and equal treatment based solely on standards, codes, and policies Transportation planning Planning done in accordance with legal and professional standards Stormwater/LIA and MS4 compliance Program managed in compliance with federal, state, and local laws and ordinances GIS Engineering and capital improvements Ensures RFP/RFB/RFQ and resulting contracts are compliant with federal law, as required Utility Coordination Ensures fair and equal treatment based solely on standards, codes, and policies Neighborhood outreach Strives to be as inclusive as possible
Public Safety Traffic enforcement Ensures fair and equal treatment of citizens, according to the law Crime prevention / crime lab Ensures fair and equal treatment of citizens, according to the law Public outreach /education Strives to be as inclusive as possible. Held in multiple languages to serve diverse population
Public Works Right of way maintenance Identifies and mitigates barriers to ADA compliance Facilities maintenance Identifies and mitigates barriers to ADA compliance Fleet maintenance Community enhancement Strives to be as inclusive as possible
GEORGIA DEPARTMENT OF TRANSPORTATION Title VI Self-Survey: FY 2021
Survey Date: May 2021 Local Government: City of Duluth
Name of Program/Grant: • Rogers Bridge PI 0014160 (CFDA #20.205)
Summary of Complaints:
Number of complaints for the past year: Zero
Number of complaints voluntarily resolved: Zero
Number of complaints currently unresolved: Zero
Attach a summary of any type of complaint and provide:
. Name of complainant . Race . Charge . Findings . Corrective Action . Identify any policy/procedure changes required as a result of the complaint . Provide the date history (date complaint received through resolution)
Distribution of Title VI Information:
Are new employees made aware of Title VI responsibilities pertaining to their specific duties?
Yes __X___ No _____ In addition, all contracts and subcontracts include the required federal attachments and clauses
Do new employees receive this information via employee orientation? Yes __X___ No _____
New employees receive the City’s Title VI policy during HR orientation, but GDOT’s policy is only shared with those employees assigned to GDOT projects.
New contractors receive reminders at preconstruction conferences. This info is already in their written contracts and subcontracts.
Is Title VI information provided to all employees and program applicants?
Yes __X___ No _____ All employees receive the City’s Title VI policy during HR orientation, but GDOT’s policy is only shared with those employees assigned to GDOT projects.
All contractors are required to follow Federal guidelines when working on State or federally funded projects.
Is Title VI information prominently displayed in the organization and on any program materials distributed?
Yes __X___ No _____ All employees receive a printed copy of the City’s Title VI policy during HR orientation. Additional Title VI policy information is displayed on posters in common areas such as the break rooms. This includes the City’s policies only. GDOT policies are not given to each employee from HR and are not posted in our common areas.
Each construction project has a bulletin board in the field with the required federal and EEO elements per GDOT’s checklist.
Identify any improvements you plan to implement before the next self-survey to better support Title VI communication to employees and program applicants.
Continue to attend training and implement requirements.
Identify any problems encountered with Title VI compliance.
No problems encountered this reporting year.
Signature: ______
Title: Mayor, City of Duluth
Date: ______
Return to: Georgia Department of Transportation Equal Employment Opportunity Division 600 W. Peachtree St. Atlanta, GA 30308 PHONE: (404) 631-1497 FAX: (404) 631-1943 ATTENTION: Byron M. Browning, Title VI/Environmental Justice Specialist
GDOT Title VI Assurances
The City of Duluth (hereinafter referred to as the “Recipient”), HEREBY AGREES THAT as a condition to receiving any federal financial assistance from the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d—42 USC 2000d—4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives federal financial assistance from the Department of Transportation, including the Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance is required by Subsection 21.7(a)(1) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances to its Federal Aid Highway Program.
1. That the Recipient agrees that each “program” and each “facility” as defined in Subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a “program”) conducted, or will be (with regard to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations made in connection with Federal Aid Highway and in adapted form in all proposals for negotiated agreements:
“The Georgia Department of Transportation in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d—42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.”
3. That the Recipient shall insert the clauses of Appendix A of this Assurance in every contract subject to the Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein.
5. That where the Recipient receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient received federal financial assistance in the form, or for the acquisition of real property, or an interest in real property, the Assurance shall extend rights to space on, over, or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under the Federal Aid Highway Program; and (b) for the construction or use of, or access to space on, over, or under, real property acquired or improved under the Federal Aid Highway Program.
8. That this Assurance obligates the Recipient for the period during which federal financial assistance is extended to the program, or is in the form of personal property, or real property or interest therein or structures or improvements thereon, in which case the Assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property.
9. The Recipient shall provide for such methods of administration for the program, as are found by the State Secretary of Transportation or the official to whom s/he delegates specific authority, to give reasonable guarantee that it, other recipients, sub-grantees, contractors, subcontractors, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial endorsement with regard to any matter arising under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under the Federal Aid Highway Program and is binding on it, other recipients, sub- grantees, contractors, subcontractors, transferees, successors in interest and other participants in the Federal Aid Highway Program. The person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the Recipient.
______Nancy Harris______Date Mayor, City of Duluth
by______(Signature of Authorized Official)
Attachments: Appendices A, B and C. APPENDIX A
The text below, in its entirety, is in all contracts entered into by GDOT. All of the text including the final section, entitled “Incorporation of Provisions,” should be included in any contract entered into by any GDOT contractor.
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agree as follows:
1. Compliance with Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin.
4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City of Duluth or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City of Duluth, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the City of Duluth shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The Contractor shall take such action with respect to any subcontractor or procurement as the City of Duluth or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City of Duluth enter into such litigation to protect the interests of the state and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures, or improvements thereon, or interest therein from the United States.
Granting Clause NOW, THEREFORE, the Georgia Department of Transportation (GDOT)—as authorized by law, and upon the condition that the state of Georgia will accept title to the lands and maintain the project constructed thereon, in accordance with and in compliance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways; the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation; and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 2000d to 2000d-4)— does hereby remise, release, quitclaim, and convey unto the state of Georgia all the right, title, and interest of the GDOT in and to said land described in Exhibit A attached hereto and made a part thereof.
Habendum Clause TO HAVE AND TO HOLD said lands and interests therein unto the state of Georgia, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the state of Georgia, its successors, and assigns.
The state of Georgia , in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree, as a covenant running with the land for itself, its successors and assigns, that (1) no person shall, on the grounds of race, color, sex, disability, national origin, age, or religion, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed*, (2) that the state of Georgia shall use the lands, and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination of Federally Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, (3) that in the event of breach of any of the above mentioned nondiscrimination conditions, the agency shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in, and become the absolute property of, GDOT and its assigns as such interest existed prior to this instruction.¹
______¹ Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of Civil Rights Act of 1964. APPENDIX C
The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by GDOT pursuant to the provisions of Assurance 7.
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose for which a GDOT program or activity is extended, or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by GDOT pursuant to the provisions of Assurance 7.
The LESSEE, for himself or herself, his or her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant, and agree as a covenant running with the land, that (1) no person, on the grounds of race, color, sex, or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and furnishing of services thereon, no person on the grounds of race, color, sex, and national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to terminate the [license, lease, permit, etc.] and to reenter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued.
*[Include in deeds subject to a reverter clause]
That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to reenter said land and facilities there-on, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the STATE and its assigns.
______* Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of Civil Rights Act of 1964.
TITLE VI POLICY STATEMENT CITY OF DULUTH, GEORGIA
City of Duluth is committed to compliance with Title VI of the Civil Rights Act of 1964 and all related regulations and directives. City of Duluth assures that no person shall on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. City of Duluth further assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether or not those programs and activities are federally funded. In addition, City of Duluth will take reasonable steps to provide meaningful access to services for persons with Limited English Proficiency.
As provided under Section 162a of the Federal-Aid Highway Act of 1973 (section 324, title 23 U.S.C.), City of Duluth shall not discriminate on the ground of sex and City of Duluth shall submit a certification to the Federal Highway Administration (FHWA) indicating that the requirements of section 162a of the Federal-Aid Highway Act of 1973 have been added to its assurances.
City of Duluth is responsible for initiating and monitoring Title VI activities, preparing required reports and other responsibilities as required by 23 Code of Federal Regulation (CFR) 200 and 49 Code of Federal Regulation 21.
Mayor Nancy Harris Authorized Representative
O2021-32
ORDINANCE
TO ADOPT THE FISCAL YEAR 2022 BUDGET FOR EACH FUND OF THE CITY OF DULUTH, GEORGIA, APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES/EXPENSES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, AND PROHIBITING EXPENDITURES OR EXPENSES FROM EXCEEDING THE ACTUAL FUNDING AVAILABLE. THE FISCAL YEAR 2022 BUDGET IS ATTACHED AS EXHIBIT “A.”
WHEREAS, sound governmental operations require a budget in order to plan the financing of services for the residents of the City of Duluth; and
WHEREAS, Title 36, Chapter 81, Article 1 of the Official Code of Georgia, Annontated (OCGA) requires a balanced budget for the City’s fiscal year, which runs from July 1st to June 30th of each year; and
WHEREAS, the City Council held public hearings on May 10, 2021, and June 14, 2021, duly noticed as prescribed by law and published in the Gwinnett Daily Post at which time the public was given the opportunity to voice their protests, suggestions, or criticisms, if any, on the budget; and
WHEREAS, the Mayor and Council of the City of Duluth have reviewed the proposed FY22 budget as presented by the City Manager; and
WHEREAS, each of these funds is a balanced budget, so that anticipated revenues and other financial resources for each fund equal the proposed expenditures or expenses; and
WHEREAS, the Mayor and Council wish to adopt this proposal as the Fiscal Year 2022 Annual Budget, effective July 1, 2021 to June 30, 2022.
NOW THEREFORE, the Council of the City of Duluth, Georgia hereby ordains as follows:
Section 1. That the proposed Fiscal Year 2022 Budget attached hereto as shown on Exhibit “A” and incorporated herein as a part of this Ordinance is hereby adopted as the Budget for the City of Duluth, Georgia for Fiscal Year 2022 with a tentative millage rate of 6.551 mills.
Section 2. That the several items of revenues, other financial resources, and sources of cash shown in the budget for each fund in the amounts anticipated are hereby adopted, and that the several amounts shown in the budget for each fund as proposed expenditures or expense, and uses of cash are hereby appropriated to the departments named in each fund.
Section 3. That the “Legal levels of Control” as defined in OCGA 36-81 are set at the departmental fund level.
Section 4. That all appropriations shall lapse at the end of the fiscal year.
Section 5. That this Ordinance shall be and remain in full force and effect from and after its date of adoption. O2021-32
IT IS SO ORDAINED this 14th day of June, 2021.
______Mayor Nancy Harris
Those councilmembers voting in favor: ______Marsha A. Bomar, Post 1
______Marline Thomas, Post 2
______Billy Jones, Post 3
______Kelvin J. Kelkenberg, Post 4
______Greg Whitlock, Post 5
Those councilmembers voting in opposition: ______
______
______
______
ATTEST______Teresa S. Lynn, Asst. City Manager, City Clerk
BA-FY21-38
ORDINANCE TO AMEND THE CITY OF DULUTH 2021 FISCAL YEAR BUDGET
AN ORDINANCE TO AMEND THE 2021 ANNUAL BUDGET FOR THE CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF THE STATE OF GEORGIA.
THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of Duluth, Georgia, has previously adopted a budget for the 2021 fiscal year as follows:
Total Revenues: 73,785,343
Operations Expenditures: 25,543,461
Capital Improvement Expenditures: 48,241,882
Total Expenditures: 73,785,343
For a balanced budget in compliance with the laws of the State of Georgia.
WHEREAS the City of Duluth purchases police vehicles through a capital projects fund which receives an annual SPLOST allocation of $540,000 recorded in the fund in three installments of $180,000; and
WHEREAS due to a shortage of chip production as semiconductor makers struggle to recover from the pandemic, car makers are beginning to cut production, the police have located 10 police vehicles they would like to purchase; and
WHEREAS it is requested $338,000 in unallocated 2017 SPLOST Public Safety funds be added to the SPLOST Vehicles – Police – Consolidated Vehicle Maintenance – Vehicles line item and a like amount be added to the SPLOST Vehicles – Transfer from SPLOST 2017 line item; and
NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows:
Total Revenues & Prior Yr Reserves 74,123,343
Operations Expenditures: 25,543,461
Capital Improvement Expenditures: 48,579,882
Total Expenditures: 74,123,343
IT IS SO ORDAINED this day of , 2021. Budget Amendment, p2
______Mayor Nancy Harris
Those councilmembers voting in favor: ______Marsha A. Bomar, Post 1
______Marline Thomas, Post 2
______Billy Jones, Post 3
______Kelvin J. Kelkenberg, Post 4
______Greg Whitlock, Post 5
Those councilmembers voting in opposition: ______
______
______
ATTEST:______Teresa S. Lynn, City Clerk
BA-FY21-39
ORDINANCE TO AMEND THE CITY OF DULUTH 2021 FISCAL YEAR BUDGET
AN ORDINANCE TO AMEND THE 2021 ANNUAL BUDGET FOR THE CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF THE STATE OF GEORGIA.
THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of Duluth, Georgia, has previously adopted a budget for the 2021 fiscal year as follows:
Total Revenues: 74,123,343
Operations Expenditures: 25,543,461
Capital Improvement Expenditures: 48,579,882
Total Expenditures: 74,123,343
For a balanced budget in compliance with the laws of the State of Georgia.
WHEREAS the City of Duluth’s Municipal Court Fund used to receipt court revenue and to payout “add-on” fees to third party agencies as required by Georgia law has experienced higher than expected revenues requiring a budget amendment to the current budget; and
WHEREAS it is requested the following amounts be added to the line items listed, $7,000 Software Licenses, $18,000 Peace Officers A&B, $9,000 Transfer to Technology Fund, $116,000 Transfer to General Fund, and $150,000 Court Fines; and
NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows:
Total Revenues & Prior Yr Reserves 74,273,343
Operations Expenditures: 25,693,461
Capital Improvement Expenditures: 48,579,882
Total Expenditures: 74,273,343
IT IS SO ORDAINED this day of , 2021.
Budget Amendment, p2
______Mayor Nancy Harris
Those councilmembers voting in favor: ______Marsha A. Bomar, Post 1
______Marline Thomas, Post 2
______Billy Jones, Post 3
______Kelvin J. Kelkenberg, Post 4
______Greg Whitlock, Post 5
Those councilmembers voting in opposition: ______
______
______
ATTEST:______Teresa S. Lynn, City Clerk