Those in attendance for the Council Meeting were as follows:
Mayor – Lois Salter
Council Members: Betty Covington, Frank Lombardi, Ken Massaroni and Delicia Reynolds.
City Attorney- Dick Carothers
City Clerk- Jackie Wall
Public Works Director- Marcie Zielazienski

Citizens Present-8

CALL TO ORDER
Salter called the meeting to order at 7:10 PM at 4040 Berkeley Lake Road.

Carothers described the circumstances for the Special Called Meeting. He said the reason was the concerns expressed about the development regulations and whether or not the city has adopted the county regulations or the amendments thereto. The City has given notice to the Gwinnett Daily Post and therefore is legally empowered to hold the Special Called Meeting according to the Sunshine Law.

CITIZEN COMMENTS
There were no citizen comments

WORK SESSION - BUDGET
Reynolds described the changes she had made according to suggestions made by Massaroni at the last meeting regarding removing the costs of building the new City Hall as well as the furniture costs.

There was discussion about Public Works and which projects would stay on the budget for 2004 according to the McFarland and Dyer report and the priority list. There was some contradiction as to the higher priority Wolverton and associates had placed on the area described as “behind Tom Peter’s house”. It had a lower placing on the McFarland and Dyer report but needed work done on it sooner according to Zielazienski.

Reynolds said she had removed the McFarland-Dyer costs. The incoming council were asked whether they were going to continue with the program. They discussed the problems they saw as being a priority. There was a general consensus that a set amount should be allocated for public works as no one knows for sure how much they would cost. Neither the Dalton –Downey culvert or the Spillway project will be completed this year so the money assigned in this year’s budget can be rolled over into next years budget with the allocation for 2004, for a total of $260,000 to be allocated.

Reynolds said in the revenue section that the building permits revenue should be increased from $5000 to at least $10,000 as it was already above that this year.

There was general discussion about the tax digest and the possible increase in revenue. There is no way to come up with an accurate figure until the County keys in the figures in January. Reynolds said she based her figures on previous numbers, which had always grown in the past.

Salter said she had erred on the side of caution and decreased the amount as it was not as high as expected last year.

Massaroni suggested that the City use the same growth as last year, which was small but showed a slight growth.

Salter said she wanted to stick with figures based on a $72 million tax digest.

There was discussion as to whether to hold the millage rate as 4.35 and use the remaining income necessary from the surplus or to raise the taxes.

Reynolds asked the newly-elected council members their opinion on taking public works expenditures out of surplus or current taxes.

Cohen said taxes, Zielazienski said surplus, and Sipe said he had no opinion.

Lombardi said that he thought the intent was to pay for stormwater projects from the surplus, as it was money that had been allocated but not spent in the past.

There was general discussion on the current level of finances and anticipated levels by the end of the year. The current work on the budget can only be based on what is known now and the actual millage rate will not be set until next August.

There was discussion regarding expenses for city engineer and city attorney.

Massaroni summarized that city operating expenditures should come out of current income and major repairs to roads and stormwater projects that are projected for next year, be taken from the residual equity transfer. He said there was general agreement that a digest be used between $72 million and $78 million and that $73,470 was suggested. Lastly, the millage rate should be set with the digest based on $73,470, so that operating costs do not come out of residual equity.

There was discussion as to how much that could be and a figure between $10-30,000 was discussed which would be a relatively small rise in millage rate to approximately 4.45-4.50. A millage rate for the budget as required by the charter would still be an estimate, which could be changed next year when all the figures are in. The decision would be whether to set the same rate and work within it or set the rate according to what is needed which may be slightly more.

It was decided to go with a tax digest of $78 million based on the fact that the economy is improving and that would keep the millage rate to close to what it is now. Operating expenses will be taken out of taxes. There were a few smaller line items that needed changing such as the chapel rental, which would now be $4,800 and not $5,400 as the chapel board had given the city a better rate on the extra meetings.

There was discussion about the rise in income from the insurance tax, which was double that which was budgeted last year. The clerk was asked investigate it.

SPECIAL CALLED MEETING - DEVELOPMENT ISSUES
Sipe explained that there are a few ambiguities regarding development regulations in Chapter 40 that needed clarifying, as there were some oversights when it was adopted.

Carothers said the comprehensive review that Sipe was suggesting would take until February 28th, 2004. He said that it would be a good idea to spend some time revising the development regulations in the light of possible development. Sipe cannot find where the City adopted the county’s original regulations, only the updates. The moratorium states that the City will not take any applications for development until February 28th, 2004. Sipe had come up with some revisions for Chapter 40, which would need to go on First read.

Sipe gave some examples of the changes that could be made to Chapter 40 in the revised Ordinance. The new Ordinance would go alongside and link with the 165 page document from the county to clarify anything specific to Berkeley Lake. The new Chapter 40 contains suggestions that need to be discussed such as $500 fee per acre to file the plat. This would offset the city’s legal engineering fees, otherwise it is paid for by the tax payers of Berkeley Lake.

Covington said the city would get back the money from the taxpayers in the new sub-division. It was pointed out that the city would get the fee whether it was built or not, because a developer could change their mind. Homeowners taxes pay for the services rendered subsequently.

Covington asked whether it would slow down anyone currently building a new house.

Carothers said only affected new development, not new houses, which just require a building permit.

It was defined as putting a development, which required roads, sewers and lighting for example. Sipe said the city could still meet with the developer and talk about issues. He said he thought that it would take longer than the moratorium for the initial filing of a preliminary plat anyway. The plat is the first official step and that could not be accepted while the moratorium was in place.

Carothers said any meeting would need to be off the record and stated so beforehand.

Sipe clarified that the Planning and Zoning (P & Z) meeting scheduled for next week was planned originally for the purpose of hearing variances and preceded the development issues. He had not officially heard from the developer.

Carothers said any official submission would be rejected if the Moratorium was passed. The consideration of the development issues are the reason for the Special called meeting.

Reynolds asked that Sipe find out what the county charges to file a plat.

Massaroni asked for clarification on the point about the single street outlet for every one hundred dwelling residences in section 4.

Sipe said that even if it were passed, a variance could be granted if it were justified, it just set the base line.

Massaroni moved to put the changes to Chapter 40 on first read.

Lombardi seconded the motion and Lombardi, Massaroni and Reynolds were in favor. Covington abstained as she had not had a chance to read it properly.

Salter asked if it could be passed at the next meeting in December.

Carothers suggested that it stays on first read for at least a month so everyone could look at it during this busy time. He said if the Moratorium were enacted, there was no need for haste anyway. It could be amended at a later date.

Salter said she was concerned that it should be enacted as soon as possible.

Sipe suggested that the moratorium be put in place, so council could spend some time thoroughly investigating the regulations. It could be lifted early if the council were ready before then.

There was discussion regarding why the original Chapter 40 was changed.

Lombardi motioned to adopt the Resolution to review the Development Regulations for the City of Berkeley Lake. Massaroni seconded the motion and all were in favor.

There was further discussion regarding the idea that only one entrance should be allowed on a sub-division and the reasons why this would be to the city’s advantage.

Sipe said for the record that the city had not received a copy of the plan for the Henderson property. Jackie Henderson had given a copy to the mayor for her information and she had shared it. There had been other moratoriums on development in the past.

DIARY DATES
Salter said that she would like to have a council meeting on Friday January 2nd, 2004 at 7pm to swear in the new council, as it was the first working day of the year.

It was pointed out that the old council is required to be there to pass the minutes of their last meeting as the new council cannot be sworn in until then. Covington could not make that meeting. It was suggested the January 2nd be declared a City holiday too, so the meeting was changed to 7 pm on January 5th, 2004. It will replace the meeting scheduled for the first Thursday. The next meeting will be on January 15th, 2004.

Carothers suggested that a motion be passed at the next meeting to declare January 2nd, 2004 a City holiday so the first meeting will be on the first working day as the charter stipulates.

Salter asked if the July 4th 2004, which falls on a Sunday celebration may be better held on Saturday 3rd July. There was general discussion about the best option and it was suggested that the Clerk investigated when the Atlanta Athletic club would hold their fireworks display that most of the citizens’ watch from their boats on the lake.

Salter said the Berkeley Lake Earth Days would be on Saturday, 24th April and Saturday, 16th October 2004.

LOMBARDI MOTIONED TO ADJOURN THE MEETING AT 9PM, COVINGTON SECONDED THE MOTION AND ALL WERE IN FAVOR.
Correct as of December 17th, 2003.