Those in attendance for the Council Meeting were as follows:

Mayor – Lois Salter
Council Members: Betty Covington, Frank Lombardi, Ken Massaroni, Delicia Reynolds, and David Steventon
City Attorney- Dick Carothers
City Clerk - Jackie Wall
Public Works Director– Marcie Zielazienski

Citizens Present-22

CALL TO ORDER
Mayor Salter called the meeting to order at 6:10 PM at 4043 South Berkeley Lake Road.

CITIZENS’ COMMENTS
There were no citizens’ comments.

MINUTES
June 19th, July 17th and August 5th Minutes were presented.
Covington motioned to accept the all the minutes presented pending spelling corrections. Steventon seconded the motion. Approval was unanimous.

FINANCIAL REPORT
Reynolds moved to accept the financial report as presented. Massaroni seconded the motion. Approval was unanimous.

STAFF AND COMMITTEE REPORTS
There were no comments on the reports.

ANNOUNCEMENTS
Salter announced that candidate registration will take place between September 8th and 12th during regular city hall hours. There will be three council seats and one mayoral seat up for election.

Salter reminded council that Berkeley Lake will host the GwMA meeting on Tuesday September 9th at 6pm. Council members and the Robinsons have already offered their boats. The boats need to be at the chapel dock by 5.30 PM for the social hour.

Salter announced Zielazienski has withdrawn as Election Superintendent. Salter proposed that Wall take her place. Both Zielazienski and Wall will be Absentee Ballot Clerks.

Lombardi motioned to accept the appointments and Covington seconded the motion. Approval was unanimous.

OLD BUSINESS
Public Works projects-
Zielazienski has received a quote from the county sewer line contractor for the spillway-outfall pipe on Bayway Circle. The quote is in line with others received and therefore the same contractor can do both the sewer line and the spillway project. She requested council’s approval for expenditure for $43,430 plus an additional 15% for unforeseen expenses. The total being $54,544.

Zielazienski has also been out with Greg Harris, the landscape contractor, to see what has to be done for roadside maintenance in the fall. She described several projects that need to be completed. The cost proposal is $11,828.

Zielazienski requested a motion to cover both the project costs.
There was some discussion about labor rates in the landscaper’s contract. Although the contractor has previously bid work by the project, he should in future detail out all the expenses including the hourly labor rates as requested in his contract.

Some questions were asked about the spillway project and when it is expected to begin. Zielazienski said it would begin once council had given it approval. This project saves money as the same contractor will do both the sewer and spillway projects.

Steventon motioned to approve expenditure on both projects.

Massaroni seconded the motion. All were in favor except Lombardi who abstained from the vote.

Mr. Seldomridge, Engineer, Wolverton and Associates.
Seldomridge described some of the features of the new design for the Dalton Downey Pond and culvert repair.

There was much discussion about the new plans. The plan is expanded on the uphill side. The proposal keeps some of the silt in the pond and the flexibility to remove more at a later date. The Miramont pond is working, and despite some debris, water is still getting through. Some of the banks farther down are washing out. They do need stabilizing. Sediment will still build up in future but the city’s landscape contractor could remove it bi-annually.

The proposed new structure is similar in design as before. Some sediment will be removed in the basin, but not on the sides. The design will catch about 80% of the sediment.

Seldomridge described how they could reinforce and stabilize the sides of the basin.

Reynolds asked what would protect the lake during the construction.

Seldomridge said that silt fences will be erected and the job will be done as quickly as possible in the basin itself while there is no rain. This could take only a few days. Repairing the road will take a few weeks after that is done.

Covington motioned to grant the request to fund the project up to the cost $125,000 and go ahead and do it. Massaroni seconded the motion.

In discussion Lombardi asked Carothers whether the city would be at risk for liability with sediment in the lake if the city goes ahead and does the repair.

Carothers agreed that the city would become permanently responsible for anything that occurred once they do any repairs.
Although maintaining it should lower the risk.

Lombardi asked if the city were just to repair the road, would the city still be at risk.

Carothers said the city would have less liability but less control over the sediment and storm water.

Lombardi asked whether that city is insured against lawsuits of that type.

Carothers stated the city is insured but it may have an effect on how the premium is rated.

Lombardi asked if the city were to go ahead with the repair, is the city responsible for any silt or sediment currently in the culvert.

Carothers said that in requiring permanent drainage easements, the city is responsible for whatever is there. The city is not responsible for other easements outside the scope of this project in the Miramont pond for example, but there could be liability if silt moved within the boundaries of the plan.

Carothers also asked Zielazienski if the residents downstream of the culvert were in agreement to give the necessary easement. He has spoken to Mr. Downey, but not Mr. Dalton or residents on the other side of the road.

Zielazienski said she didn’t think the Cokers would be a problem and the Robinsons were here and could speak for themselves.

Steve Robinson (540 Lakeshore Drive) said he would like to see a more complete plan with specific details on how far this affects his property before he signed any easement.

Seldomridge said the side slope of the road is a lot steeper than it should be on their side of the road and that means that the design extends farther down in order to flatten the slope out, so the road-bed is more stable. He described how the design would affect the Robinson property.

Salter asked council if they would mind departing from their normal procedure, and allow citizens who are directly affected by this project to speak during the meeting. There was no dissent.

Bill Downey (527 Lakeshore) said he would be agreeable to consider an easement. He questioned why the easement area on the plan does not cover the whole basin. This is why the problem of easements came up in the first place as the pipe is currently on private property.

Seldomridge agreed that the plan should cover the entire basin in order to maintain it but the easement will need to reflect that.
Salter asked Downey whether he would agree with extending the easement.

Downey said yes, he would be willing to consider it but he also had further questions, which he assumed would be worked out with Carothers during easement discussions.

Debbie Robinson (540 Lakeshore) asked what the end project would look like for aesthetic reasons. They have already spent extra money on making storm management improvements on their property more visibly appealing. She asked who will maintain the expanded easement in an area that they have already spent money on improving. She said easement issues can be better discussed in a smaller environment and they should not determine whether the road plan should go ahead.

Lombardi said he still feels that this motion does not take into account other storm management issues that, may arise in other parts of the city. He asked whether the easement would go with the property should the owners sell.

Carothers said they probably would.

Lombardi asked what the benefits are to city taxpayers on land for which the city currently has no liability on at all.

Salter asked Zielazienski to try to answer this question.

Zielazienski said in general terms, the road closure currently affects a great many people. The current plan serves a greater majority of the community. The road will be open. It will protect water quality and storm water. It will hold into the future.
She asked that Phase 1 (the proposed plan)-go ahead, but Phase 2 (everywhere else in the city) be looked at, at a slower pace, where policy and process can be worked out with less pressure.

There was more discussion about liability in both scenarios: fixing just the road or the pond as well.

Carothers stated again that as soon as the city touches anything in terms of storm water, it will give the city some responsibility. However, if this plan is a permanent fix, the liability may be less in the long run.

Reynolds asked if the city would be better advised to remove the silt rather than leave it there.

Seldomridge said, from an engineering point of view, there is inconvenience caused by the road being closed. The plan will help keep sediment out of the lake. This is good engineering practice to go ahead and get the pipe fixed and open the road and pay some extra money to include sediment basin upstream. As more of the Storm Water Permitting Program becomes legally required, issues of controlling erosion are stricter. The most important thing to do is to get the road open so fewer people and services are inconvenience d. This system will prevent sediment going in the lake. There is more sediment going into the lake right now than there will be with this plan, so liability will be less of an issue.

Reynolds said she was still concerned that the sediment left in the basin will end up in the lake.

Seldomridge said he didn’t think that would be the case. It will dry out eventually and growth will start on it. With some maintenance this will hold up for a number of years.

Reynolds questioned if the motion needs to include a bid for the project.

Carothers said the city is within its rights to bid it if it so desires but an exception to the bid requirement is for an emergency. This can be seen as an emergency as one of the main thoroughfares in the city is closed, so council is well within the law not to.

There was much discussion about the bidding process, how long it would take and the county unit pricing.

Salter asked Carothers how long he would expect the easement process to take.

Carothers said that it could be done as soon as the final plans were done so it was known how much of an easement is necessary. It could take about two weeks.

Seldomridge said his plans could be finalized by the end of next week. Plans would include costs by judging amounts of material to be moved and applying unit costs to that.

Zielazienski asked if everything was ready in three weeks, could the plan go ahead.

Covington motioned to accept the engineering design for the road repair and to authorize the Public Works Director to go ahead with the design should the quote fall under $150,000. Massaroni seconded the motion.

In discussion, Lombardi asked the council to think long-term and not short-term. He said the city should look at the whole city and put in place whatever insurance is needed, other protections to limit the city’s liability and negotiate liabilities with easements. It is not a question of cost right now, just risk and liability and long-term maintenance. The solution should meet the needs of the affected residents, and they should be content with the solution. Council should consider that they will be spending tax dollars on a special interest group, which is either BLHA or the homeowners involved. The road closure impacts a large number of city residents, and the city is only currently liable to fix that. The road is at risk now due to a lack of maintenance by the homeowners upstream. Council has heard that the Miramont detention facility is not a factor. The pond is not a city problem: the road is the problem. Lombardi does not want the city to enter into anything that does not benefit the greater majority of the city‘s residents in the long term.

Reynolds asked how Mrs. Robinson’s problems would be addressed with this solution.

Salter suggested that it should be part of the easement discussion.

Reynolds pointed out that there could be a financial impact to the city if aesthetics were included. Landscaping is not part of the budget and would be above a normal storm water solution.

Covington said she thought the homeowners could work out a solution with the city based on paying any extras for landscaping.

Reynolds pointed out that the motion currently says that the project will go ahead under $125,000. If the contract comes in below that, then the landscaping could be included, which is not right.

Covington suggested that any work done would be only what the engineer approves structurally and that could be included in the motion. Massaroni agreed to that.

Salter asked who was in favor of the motion. Covington was the only one to vote in favor. The motion failed.

Salter asked that council consider what should be done next as the road is still closed.

Lombardi said he would like to see the inventory of all the storm water facilities in the city and evaluate it. There was discussion as to why it is not available. He wants to look at the whole picture including budgeting. He said he wants to fix just the road. Even if it costs more to go back and do it later after there is a plan in place to manage all the storm water in the city.

Salter said to bear in mind that as Seldomridge pointed out, the standards in storm water restrictions are becoming more stringent. To do the minimal other things would be considered as best practice for the city’s road and therefore justifiable.

Lombardi reiterated his points above.

Salter asked for a motion to fix the road but not fix upstream of it.

Massaroni pointed out that easements are still required to fix the road. He suggested that: Carothers go ahead and negotiate the easements and releases and McFarland and Dyer should complete their whole city report, both as soon as possible. Then council should meet to discuss the matter fully.

Zielazienski pointed out that if we have all the information required within two weeks, it will bring up a whole new range of problems, which could complicate the matter. Will there be enough time to work through it all without extending the time it takes to fix the road?

Massaroni said he thought more information would make the decision easier.

Zielazienski said she was concerned that it is a huge project and that McFarland and Dyer should have enough time to do a thorough job. They base their reputation on what they do, and they want to do it right. It could be two weeks, but it may take longer to give full and accurate information.

Council pointed out that the Engineering firm had had this request for almost 3 months, and that we were in an emergency situation with the road closed waiting their report.

Massaroni reiterated the action plan for McFarland and Dyer to complete their whole plan as soon as possible, and for Carothers to get easements negotiated as soon as possible too.

Reynolds asked Zielazienski to also get prices from Ragsdale construction (who are currently about to work on the sewer project) for all three plans as discussed.

Massaroni motioned to go ahead with the action plan as stated before as soon as possible. Lombardi seconded. Approval was unanimous.

Council agreed to meet again on September 10th at 6.30pm for a Special Meeting.

Greenspace Uses and Retained Rights
Massaroni reviewed the process so far. There had been discussion about the ongoing role of the Berkeley Lake Conservancy. The document presented defines the Prohibited Uses and Reserved Rights. The committee proposes adopting the document.

Massaroni motioned to adopt the Prohibited Uses and Reserved Rights Portions of a Conservation Easement for the City of Berkeley Lake. Lombardi seconded the motion.

Salter said she thought the document had been changed and would like to give citizens more time to read it through. She said she was concerned that to adopt it tonight was very fast as it had only been available on the web site since the previous day.

In discussion Massaroni said the motion stands as described and he would like it incorporated in the final agreement as the committee voted. The final draft agreement however should be posted since the Prohibited Uses and Reserved Rights are part of the agreement and should be read with them.

There was unanimous approval of the motion.

Carothers was asked to iron out the final details of the Easement agreement with Joyce Nuszbaum and Carol Hassell

Massaroni motioned Ordinance 3-703 to be put on first read. Lombardi seconded the motion. Approval was unanimous.

Massaroni also motioned Ordinance 3-205 to be put on first read. Reynolds seconded the motion. Approval was unanimous.

Speed and Safety issues
Salter recounted to council that at the last meeting, she had asked if there was a council member who was prepared to look at these issues as former Council Member Arakawa had done it in the past. None volunteered so there was a suggestion to ask Nick Lore to explore issues and come back to council with proposals, suggestions and/or concerns.

Nick Lore -50 Lakeshore Drive
Lore said he and Skip Johnson had looked over a year ago at possibilities to slow or prevent traffic coming through the city. He said right now he his motives are personal. They built their house in 1993, and even during that construction process a car came off the road (about 40 ft from the street) and went into their garage causing $2000 worth of damage. Cars have come onto his property nine times in as many years, the last one leaving 50-ft skid marks and hitting a utlility pole. This man was caught, but all the others haven’t been. They have just driven away causing $500-$1800 worth of damage each time. $20,000 of damage has been done to the property in the last 10 years. Lore said they have not filed insurance claims because if they had, then they probably wouldn’t have been able to get insurance now. Lore sent the last offender, who was arrested at the time, a demand for $1500 in damages, which he ignored. He wanted instead for Lore to join him in a lawsuit against the city because of the lack of signs warning about the turn near his property. Since then Lore has had to file a judgment against him which will probably take many years to collect.

Lore said his point was that the turn near his home is about a 90-degree turn. Most offenders leave a skid mark of 40 and 60 ft. He is concerned not for himself but for his family and three-year-old child in particular.

Lore has sent the city a certified letter about the situation and has had no reply, so he wants the city to deicide what action they should take in order to stop this happening continually. He suggests a guardrail, and although it is not aesthetically pleasing, it would protect his house and family. Already cars have come off the road where his son plays. It has happened so often that he said he feels that it is time for the city to act upon it. He is willing to come back and address other potentially dangerous areas around the lake, but his home and his family are his priority right now.

Salter reiterated that Lore is requesting that the city would authorize guardrails at this point and allow Lore to continue to look at other issues around the city and report back to council.

Lore agreed but he would also like to look at cars and bicycles that travel too fast through the city. He said he would only consider looking at other issues around the lake if his particular bend was dealt with. Cars are coming off of a highway that is considered unsafe, and his figures prove it is unsafe. He said it is the city’s moral and legal obligation to do something about it.

Massaroni and Lombardi agreed that there are several other places around the city that need to be dealt with too, but they may not all need the uniform solution. Issues of liability were also discussed whether the city does choose to do something or whether it does not.

Carothers was asked to investigate what the legal issues are surrounding guard rails.

Lombardi said he had shared some pictures with council in an attempt to control speed as a result of Lore’s letter. He asked whether Lore and Johnson had looked at speed tables.

Lore said his preference would be a speed table but others disagree.

Lombardi said his understanding was that a large percentage of neighbors would need to agree to speed tables before they could be installed if the county were to do it.

There was discussion about the use of LARP funds to resurface roads and that speed tables would have to be removed first if they were installed. LARP may not be an issue as they have given the city very little funding to do the roads.

Other methods of slowing the traffic were discussed, and the advantages and disadvantages of each methods. There was general agreement that a low impact quiet method would be most preferable. Different areas may need different solutions.

Lore was asked to investigate all the areas around the city that need some kind of speed reducing action with the help of the Public Works Director for the next council meeting. It was suggested that ‘Street Smart’ material could be used

Reynolds motioned that Ordinance 3-403 G regarding duties of the city clerk should be put on second read, accepted and passed. Covington seconded the motion and approval was unanimous.

P & Z had forwarded the new Sign Ordinance Enforcement and suggested it was put on first read, so it can be taken to P & Z. Carothers was concerned about content based decisions but he said it should go on first read, and he would discuss the wording with the Sipe.

Lombardi motioned that the Sign Enforcement Ordinance be put on first read. Massaroni seconded the motion and approval was unanimous.

Budget
There was nothing ready to discuss yet.

City Hall
Massaroni suggested that City Hall be discussed at a working session. He proposed two dates when everyone was available to offer Mike Penny, the architect: September 2nd or September 16th.

It was noted that Covington and Zielazienski would not be at the September 18th Council meeting.

Cell Phone Towers Proposal- Anne Brooks and Becky Britt representing T Mobile

There was much discussion about the site selection, height and size of the area and pole T Mobile would need to set up a tower. The representatives explained the tower would be 110 feet high and disguised in any way council would like. The ground equipment could be in an underground vault with a six-ft area visible above ground. Other companies would also need their own vaults if they wanted to rent space on the tower.

The representatives suggested a ‘balloon test’, which would show what the structure would look like from different areas of the city if the city and company gave approval. Everyone liked the idea, and T Mobile was asked to go ahead and do it and come back with the details.

Working Sessions
Massaroni said he liked the idea Lombardi had suggested in an email to implement working sessions, as there was so much to discuss at the moment. It would mean less communication by email and more structure to decisions as well as shorter council
meetings.

Salter asked why it would not be better to have a proper council meeting and therefore have the opportunity to vote.

Massaroni said that it was an easier environment to discuss issues.

Lombardi agreed that it would mean fewer emails too and council would be able to do their homework for the meetings.
Salter said that if council has two council meetings, then they can vote and get the issues completed quicker. Working sessions mean that council would still have to wait two weeks to vote.

Lombardi and Covington said that two weeks would give more time to think on an issue.

Massaroni motioned that council meet the first Thursday of every month at 7pm for a public working session. Reynolds seconded the motion and approval was unanimous.

Salter clarified that the meetings would be in city hall beginning in October through December. She said they should be advertised, and as council said, citizens are welcome to attend.

NEW BUSINESS
Banking Resolution
Reynolds motioned to amend the banking resolutions to remove Claire Grimes’ name and add Jackie Wall’s name. Covington seconded the motion and approval was unanimous.

Buffer Fencing Exemption
Reynolds motioned to put the Buffer Fencing Exemption 39-1401.3 on first read. Lombardi seconded the motion. Approval was unanimous.

CITIZENS’ COMMENTS

Rick Rice- 20 Lakeshore
Rice said that what was in the best interest of the taxpayers was a good question. He said that council had not made decisions he could think of that were in the best interest of all the taxpayers and he was not sure that there is anything that can be done here to be in the best interest of all taxpayers. However, protecting the well being of the lake has a bigger interest for the majority of the taxpayers than any single thing council could do. He said council should think about what is n the best interest for the city not the taxpayers. The city council’s role should do what is in the best interest of the city.

Rice said he thought there was a greater risk in just fixing the road as opposed to addressing the storm water too. He said he thought council thinks that there is no liability to the council today based on what has already taken place. He said he thinks that some risk has already taken place. The homeowners are going to have to do something at some time to remove silt from the lake and someone must be liable for what is already there, potentially the city. The homeowners could end up suing the city, who in turn sues Miramont, and everyone ends up suing each other. In considering the big picture, the best thing for the majority of the taxpayers, the city and the citizens should be considered.

Rice also suggested that council purchase two more microphones so there would be fewer problems swapping back and forth, which would be more effective, and less irritating.

Bill Downey 527 Lakeshore Drive
Downey said a previous comment implied it was the homeowners’ responsibility to clean out the retention pond. He said it was true to some point. However, he had had absolutely no control over the amount of water that went into the pond after Miramont was built. The easements should have been secured at the time. The city did do some easements on other properties at the time but not on his pond. It is not reasonable to think that the city did not have some responsibility at that time. There was an erosion control ordinance then, but it is his opinion that it was not enforced properly. Both the Homeowners Association and Downey had had to sue the developer because of silt issues. The problem has continued. The city has permanently altered the storm water run-off infrastructure. Downey said it has been to his detriment ever since. He asked that council look at the big picture for storm water management, including his property. He reiterated that he would gladly donate the net settlement he received from the developer, if the city will ultimately take responsibility for a situation that they created.

Debbie Robinson 540 Lakeshore Drive
Robinson said that they had approached the city about the mud and silt situation in May. They had been worried about the pond before the sinkhole developed and the contamination that could come from it from the silt going into the lake. They assumed that it would be a collaborative effort to fix it. The road was also damaged. However, there has been a string of delays and reports- all of them increasing the expense to the taxpayers to fix it. The road is still a potential emergency. The plans shown today have been railroaded again. It is causing many problems, especially with things like school buses. Joe Voyles and his crew had to pull a teenager out of the ditch when he tried to go around the barricades. Robinson asked how much more delay there would be. They have only seen the easement possibilities tonight. There are more and more costs occurring. Robinson said that when evaluating the impact of the easement on her property, that council suggested she was nitpicking over river stone versus rap-rock. She said she found that a little offensive but understood the city’s perspective. However, the city has incurred the expense of a private engineer to present the cost of one plan plus the easement; another plan because of the debate among council plus engineering, easements again, and then a third plan for the next council meeting. She said that all this would exceed the costs of the river rock in the first place

However, Robinson said, she would like to see the whole issue resolved peacefully. She asked that council move on the issues as soon as possible for the sake of public safety and concern. She said it is not just a private interest matter, the sewer connect on Bayway Circle could come in that category- it will benefit the whole community. She said she hoped it would be looked at in the same vein

MASSARONI MOTIONED TO ADJOURN THE MEETING. COVINGTON SECONDED THE MOTION AND APPROVAL WAS UNANIMOUS.
THE MEETING ADJOURNED AT 9:35PM.

Respectfully Submitted
Jackie Wall
City Clerk