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CITY OF BERKELEY LAKE
4040 BERKELEY LAKE ROAD
BERKELEY LAKE, GEORGIA 30096
PUBLIC HEARING/COUNCIL MEETING
Full Minutes for June 19th, 2003 Those in attendance for the Public Hearing and Council Meeting were as follows: Mayor – Lois Salter
Council Members: Betty Covington, Ken Massaroni, Delicia Reynolds, and David Steventon
City Attorney-Richard Carothers
City Clerk-Claire Grimes
Public Works – Marcie Zielazienski
Citizens Present-26 CALL TO ORDER
Mayor Salter called the meeting to order at 6:05 PM at 4043 South Berkeley Lake Road. CITIZENS’ COMMENTS
The following citizens made comments to Council in support of leaving the City greenspace in its natural state and/or to have a binding referendum to do so and/or not giving the control of the greenspace to anyone other than the City: Tony Arakawa, Jack Andreu, Nick Lore, Jane Hardwick, John Jenkins, Debbie Robinson, Steve Robinson, Bob Smith and Dick Lillie Tony Arakawa stated that in the two separate surveys conducted by the City, it was made clear that the citizens wanted nothing done to the greenspace. To go through the process of surveying the public opinion might be applicable at the November election.
Jack Andreu read a letter written by Nick Lore to Council: Nick wrote that the greenspace should be left in its natural state, as has been the will of the majority of the citizens since the purchase of the land. Any accommodations, such as low-impact parking space, will surely result in intrusive public use resulting in damage of our greenspace. There is nothing low-impact about accommodations that encourage public use and damage of our habitat. If Council will not or can not vote for this then there should be options placed on the November, 2003 ballot, which would include leaving the greenspace alone. John Jenkins stated that things have changed substantially in the City since the greenspace was purchased. To act without involving the citizens in a direct, binding vote would be a big mistake. If we want to put the land away forever and it is the will of the majority then we should do that; but, we are moving down a road towards divisiveness if Council acts unilaterally without making sure all of us who are paying the bills have an opportunity to have our wishes known through a binding referendum.
Dave Garramone read a letter of appreciation on behalf of the residents of River Mansions thanking Marcie Zielazienski, Director of Public Works, for her efforts in getting Gwinnett County to address a problem with the road/curbing that has existed for years. Citizens were unable obtain help from the County/City until now. He stated that Marcie is a good asset for the City. His letter is attached to these minutes. His second issue involved the proposed sidewalk from City Hall to the entrance of Mansions Parkway and the planned removal of the turn lane on Bush Road to facilitate the County’s installing a sidewalk. Due to the downhill topography, there is adequate space to put a sidewalk until about 100 yards from the entrance of River Mansions; therefore, the County decided to eliminate the turn lane a portion of the road in that area to accommodate the sidewalk. Many citizens in River Mansions object because their exiting or entering Mansions Parkway is endangered by oncoming downhill traffic from Lou Ivy Road. Dave asked the Council to request the County to explore other alternatives; i.e., eliminate that portion of sidewalk that would allow them to keep the turn lane. Dave presented the attached signed petitions from the residents of River Mansions. Debbie Robinson stated that the language in the greenspace related documents posted on the website, which explain the rights and prohibited uses should the easement be transferred over to the land trust, raises concerns. She submitted a letter expressing these concerns to be attached to these Minutes. Steve Robinson stated that considering all the language omissions from the documents and given all the question about which way to go with the greenspace, he would like would see a special meeting for the citizens to readdress this issue. He also stated that he would like to form a task committee that would be representative of the citizens, as well as the Council, to come up with the specific language that would appear in these documents. Charles Leibenberg stated that he would like to see sidewalks built on Berkeley Lake Road from the Chapel area past Bayway Circle and up past the dam. This would possibly eliminate any need for further discussion about a path through the greenspace. He also talked about the bottleneck of traffic on Bush Road around 8AM where Bush intersects Med lock Bridge Rd. He would like to see two lanes there. Jane Hardwick stated that she does not want to see the greenspace placed in an Irrevocable Trust, “when it is gone, it is gone!” We still need to learn a lot more about this issue and make sure that we don’t turn over our investment to GOLT or any outside group. It is not that difficult to form a desired non-profit organization. She further stated that she would like to see the greenspace left natural and to replant the trees that have been lost. There are three major pre-election actions that the Council will be deciding about between now and the election; we all need to study them closely and give input to Council and the Mayor. One is the greenspace, another is a City Hall, which we do need and the third is the proposed hiring of an unnecessary, expensive City Manager. We do not need a middle manager to micromanage the digging of a ditch. We have plenty of qualified professional people around the lake who have volunteered their professional advise for years on these kinds of things. I think we ought to examine looking after the greenspace ourselves and I would like to have fully explained to us why if GOLT is so good, why isn’t Gwinnett County putting all of their property in it. That was not explained fully at the Public Hearing we had on that Saturday. Jane further stated that she has presented to Council a two-page letter of recommendations, a copy of which is attached to these Minutes. Bob Smith stated that he knows about GOLT and that the people involved are very honorable. He stressed that the City has spent in excess of two million dollars to purchase the greenspace and he does not see how we could ever let control of that greenspace leave the City. He urged the Council to look under more stones to find ways to control use of the greenspace without taking the control out of the hands of Berkeley Lake people twenty and thirty years from now. He further stated that there is no real reason to be in a hurry. We may someday need some collateral value from that property; with one stroke of the pen it will become an encumbered title.
Dick Lillie stated that he would like to leave the greenspace as is, intact. The greenspace and its watershed functions as a land bank for future generations to preserve this lake. If the lake were not here, we wouldn’t be here. He hopes that the Council will maintain the property, as it now exists. MINUTES
April 29th Working Session
Council Member Massaroni motioned to approve the Minutes for the Council meeting of April 29th. Council Member Reynolds seconded the motion and approval was unanimous. May 15th Council Meeting
Council Member Massaroni motioned to approve the Minutes of the May 15th Council Meeting. Council Member Covington seconded the motion.
Council Member Reynolds suggested that on page 3 in the paragraph of text after four motions where it starts “ City Attorney” to clarify what the City Attorney is talking about.
Approval of the amended motion was unanimous. May 17th Working Session @ Berkeley Hills
Council Member Massaroni motioned to approve the Minutes of the May 17th Working Session. Council Member Reynolds seconded the motion. The motion carried with Council Member Steventon abstaining. May 27th Called Council Meeting
Council Member Massaroni motioned to approve the Minutes with the correction that his name is repeated in the “those who are in attendance” area. Council Member Reynolds seconded the motion and approval was unanimous. FINANCIAL REPORT
Council Member Reynolds moved to accept the Financial Report as filed. Council Member Massaroni seconded the motion and approval was unanimous. STAFF AND COMMITTEE REPORTS
Mayor Salter announced that she has received a report from the OEO. ANNOUNCEMENTS AND APPOINTMENTS
The Mayor recognized Major Robert C. Davis who is the precinct commander for the Central Precinct, which is one that includes Berkeley Lake. She thanked him for all that the police do to keep us safe and for his work with Officer Doug McClure who is our chief liaison. The Mayor also stated that the Fun Run was a wonderful success and that there seemed to be no complaints from citizens because of the inconvenience of the road being closed during the race. It was a very good day. The Mayor stated that she would like to have input from citizens because she expects that this event may be scheduled again next year. The Mayor thanked Julie Stuart and the entire Greenspace Committee for organizing the walk through the greenspace. Along with Julie and Ms. Salter, Jack Andreu and Debbie Robinson were there to hear suggestions from Dale Higdon, a forester. There is a very clear path in the greenspace so there may not be a need to build a path. Dale’s suggestions were that nothing be done to change the wildlife or the natural environment there, except for possibly placing some water bars in steep areas along the path to deter erosion. He also suggested planting some Sugar Maple trees along portions of Ridge Road. The Mayor described the most recent condition of the sinkhole at the Downey/Dalton Pond. She stated that there is another shelf of earth that is about to fall because of the rain that we have had lately. The road appears to be sinking more. The Mayor reminded everyone about the City’s July 4th festivities and the July 5th “Cow Patty Bingo” event, a fundraiser for the Chapel. She also reminded everyone about the Fall Festival on October 26th. WORKING SESSION
City Hall Planning
Council Member Massaroni stated that he had invited Mr. Mike Penny who has been providing advice with respect to the City Hall project. Mr. Penny spoke about the proposed suggestions and changes to the preliminary plans. He asked Council to make any new changes to the room layouts and proposed uses of closets, and the lower level. There was much discussion and Council asked many questions. OLD BUSINESS
Home Occupation Ordinance, 2nd Read – Sipe
Planning and Zoning Chairman Sipe presented the changes Council asked the P&Z to make at the May Council meeting.
Council Member Reynolds motioned to postpone a decision until next month. Council Member Steventon seconded the motion and approval was unanimous. Public Works Projects – Zielazienski
Director of Public Works, Marcie Zielazienski reported on the Public Works projects currently in progress, including the proposal made by McFarland & Dyer for conducting an inventory of the storm drainage system throughout the City. There was much discussion and Council asked many questions. Property Maintenance Ordinance, 2nd Read
City Attorney Carothers presented the Property Maintenance Ordinance Chapter 23, which has been discussed by Council.
Council Member Massaroni motioned to approve the Property Maintenance Ordinance as previously amended. Council Member Reynolds seconded the motion and approval was unanimous. Budget Amendment, 2nd Read
Council Member Reynolds motioned to adopt the Budget Amendment. Council Member Covington seconded the motion and approval was unanimous. Greenspace Uses and Retained Rights
There was much discussion about the recommendations made by the Greenspace Committee on the usage and retained rights of the greenspace. City Attorney Carothers explained the City’s obligations to the County for usage of the greenspace because the City used some SPLOST funds for the purchase of the Ferrier property, which is only a small portion of the entire greenspace. He stated that the summary of the issue is as follows: “I think there should be some limited recreational purpose and no one knows exactly what that definition is and this is an issue that has come up in a number of jurisdictions. It doesn’t have to be a soccer field. It could be just a place to walk. It doesn’t have to be an improved trail. I think it is a place to walk. I think you have to have public access, but you don’t have to have parking and I don’t think you have to have lights. I think there should be a way for the citizens to enjoy it for passive recreation without necessarily building anything. I would be hesitant to recommend that the Council say that it is only greenspace and no one can go on it, you can’t hike, you can’t walk, you can’t bird watch and that sort of thing.” Council Member Covington motioned to appoint a small committee to wordsmith this document (Prohibited Uses and Reserved Rights) and then propose this document to Council again. Council Member Reynolds seconded the motion and approval was unanimous. The Mayor asked that the results of these discussions be posted on the City’s website as soon as possible for all citizens to see and evaluate at least a week before the next Council meeting. Millage Rate 2nd Read
Council Member Reynolds motioned to approve the 2003 millage rate of 4.35. Council Member Steventon seconded the motion and approval was unanimous. Capitol Commons
Council Member Massaroni reported on his meeting with Ben Nash, the developer of the Capitol Commons project. Mr. Massaroni reported that Mr. Nash might be somewhat open to the notion of some type of buffer. There was much discussion about a permanent easement on a portion of the area for a greenspace buffer between the buildings and Berkeley Commons. NEW BUSINESS
July 4th Festivities
Council Member Steventon reported that the July 4th Berkeley Lake festivities will be held on Independence Day as is traditional. There is a list of activities, which will begin at a new time, 10:30 am. There will be a flyer sent to all homeowners detailing this information. Bush Road Sidewalks
There was much discussion among the Council Members. Public Works Director, Marcie Zielazienski reported that Alan Chapman with the Gwinnett County DOT told her that the County had planned for the sidewalks to be on the Habersham side of Bush road. Former Council Member Arakawa had requested they be also placed on the River Mansions side of Bush Road in order to more effectively connect the City. Council Member Reynolds recognized Sonja Sanders who lives at 4525 River Mansions Trace. Sonja argued passionately that the turn lane is a lifesaver for those who live in River Mansions and to eliminate it to provide for sidewalks would be an extreme hardship for the residents. After much more discussion, Mayor Salter was asked to go back to the County and ask that the turn lane remain. The Mayor will first ask the County to widen their right-of-way to provide both for a sidewalk and the turn lane for safety considerations. If the County must remove the lane anyway, then she will ask for a sidewalk on the River Mansions side of the road.
Other Council Member Covington motioned to authorize the expenditure of $3,200 for the Fall Festival. Council Member Steventon seconded the motion and approval was unanimous. Council Member Reynolds stated that the Finance Committee met to talk about the Cost Benefit Analysis of the job of the City Manager. As part of a cost benefit Ms. Reynolds requested that in taking the City Manager Ordinance into effect, the Mayor should come up with something that would detail any changes in the Mayor’s role and salary. The Mayor stated that according to what Council said at the retreat that the Mayor’s role would be one of “kissing babies”. Ms. Reynolds asked if the Mayor would come up with a salary commensurate with that role. The Mayor stated that she thinks that would be up to Council. Ms. Reynolds stated that the Mayor knows more about the role of Mayor than Council does and asked that the Mayor make a recommendation. The Mayor said she would give it some thought. CITIZENS’ COMMENTS
Jane Hardwick asked more questions about the fate of the greenspace and reminded Council of the influx of vagrants along PIB and the Buford Hwy and their anticipated use of the greenspace off the Bike/hike path along PIB on the asphalt to be poured by Gwinnett County along or over their sewer right-of-way easement. Steve Robinson asked if there should be more discussion about whether the greenspace should be in a land trust at all before we talk about the proposed uses to be placed in the language of the Land Trust agreement. Council Member Steventon stated that Council is exploring a variety of things to take place with the property to protect it. If that can be done and the best environment is determined to be a Trust, then that is probably what Council will elect to do. Mr. Robinson asked if there could be a study on what the Trust would look like and then bring that to a Public Hearing, so that people would know what that Trust will look like. Mr. Robinson then presented pictures of the Downy/Dalton pond area, which show the large amounts of dirt being washed away and coming right into the Coker/Robinson cove on the lake. Charles Hardwick stated that he and several of his neighbors do not understand why Council is considering hiring a City Manager. He stated that he just didn’t understand why Council would want to kick out the Mayor and bring in a City Manager for up to $75,000 a year. “The Mayor has done an excellent job and what is the City Manager going to do for you? You will have to train him. We think you need to explain to us why you feel the need to have a City Manager; I don’t think any of us who live here understand your reason. If you think you are having trouble now over the greenspace issue, wait until you have the subject of City Manager on the table. Council is supposed to do what the citizens want.” The Mayor stated that no one has come up with how much money a City Manager will cost and that is the part that is being explored. The Council is interested in hiring a City Manager, but there has been no determination of a salary. Council wants some of the Mayor’s salary to be removed to offset the expense of a City Manager. Jane Hardwick stated that she agrees with what Charles is saying in that we are happy with our Chartered Mayor and Council form of government and we really don’t need to have unnecessary middle management at a high price. The reason we are saying it could be $75,000 a year is because of the competencies the ordinance requires of a City Manager; you are not going to find a fully qualified, competent City Manager for less than that. Council Member Reynolds stated that Council is exploring all the pros and cons right now of hiring a City Manager. “We haven’t talked about $75,000. I am aware of qualified people in nearby areas who make less than that. When we have gathered all the pros and cons we will certainly share them will all of the citizens.” The Mayor stated that she would post to the website the findings of the Facilitator of the Retreat where this issue was the topic. Georgianna Schmidt spoke about the dangers of the Council deciding to do anything with the greenspace other than very, very low impact. Council Member Reynolds thanked Rick Schmidt for the greenspace opportunities that we have before us now. The Mayor stated that Rick Schmidt was the Mayor at the time the greenspace was purchased and he and others worked very hard to make it happen.
Council Member Steventon stated that Debbie Robinson has made a great effort to take an active part in the awareness of our greenspace environment. “She is obviously intelligent and well spoken and I think she understands the language of the Land Trust documents, which is a very important part of what we need going forward, as far as trying to determine exactly the way a document should read.” Mr. Steventon recommended that there be a fourth member on the “wordsmith” committee and that member be Debbie Robinson. Council decided to use the City Attorney as a consultant for the committee thereby making the membership consist of Ken Massaroni, Debbie Robinson and Julie Stuart. COUNCIL MEMBER MASSARONI MOTIONED TO ADJOURN THE MEETING. COUNCIL MEMBER REYNOLDS SECONDED THE MOTION AND APPROVAL WAS UNANIMOUS. THE MEETING ADJOURNED AT 9:15PM.
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