CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GEORGIA 30096

PUBLIC HEARING/COUNCIL MEETING

FULL MINUTES FOR

February 21st, 2002

Those in attendance for the Public Hearing and Council Meeting were as follows:

Mayor – Lois Salter

COUNCIL MEMBERS: Tony Arakawa

Frank Lombardi

Ken Massaroni

Delicia Reynolds

David Steventon

City Attorney Thomas Mitchell

City Clerk Claire Grimes

BLEMA Tom Kitchens

City Manager/Treasurer John Rockers

Citizens Present 10

CALL TO ORDER

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

PUBLIC HEARING

Council Member Ken Massaroni presented the City's Short Term Work Program, which is part of the City Vision for the years 2002-2006. This project is required by the Georgia Department of Community Affairs to remain in compliance with the State Vision Planning for Municipalities.

CITIZENS COMMENTS

Marcie Zielazienski and City Manager John Rockers made citizens' comments and suggestions about the Short Term Work Program.

Jane Hardwick who lives at 770 Lakeview Lane, made a Citizen Comment about the new technology in sewer systems. Her concern was about the potential of lightning striking the pumps. She also voiced her concern about the amount of huge houses being constructed around the lake that are dependent upon pumps to take the septic up hill to the tanks. She also asked if the City is being careful about granting variances for houses that are too big for lots; too many bedrooms for septic field lines.

A Citizen Comment was made by Jason Gardella from the Miramont subdivision about the drainage problem affecting him and his neighbors. It seems that the water flows from Ridge Road. Some of the drainage ditches were filled when the road was repaved a few years ago. He stated that the water takes over a week to dry out in the back yards after a rain. Mayor Salter said that this has also been a concern for the City because of mosquitoes. City Manager Rockers asked about the natural flow of the water. The Mayor asked the City Manager to contact Mr. Gardella and possibly consult engineers for direction in how to alleviate this problem.

A Citizen Comment was made by Britt Collins who lives at 33 Lakeshore Dr. His comment was about Council and P&Z revisiting the Ordinance that concerns having non family people living in a house as a renter. He stated that he realizes that in some situations to rent to people other than family could get out of hand. However, there are opportunities that some citizens have to invite just a single person come in and live and pay rent and help with the mortgage. This would be in cases where the septic systems a capable of handling another person. He stated that he is asking Council to please consider having this as an option.

Jane Hardwick stated that she is diametrically opposed to any rental property other than the total property being rented to another family. To have an extra person in a household brings an extra car and guests. Anyone who bought a house in this community, bought with the knowledge that it is R-100 and we need to keep it that way or lose property values.

Cynthia Colgan who lives at 4072 S. Berkeley Lake Road made a Citizen Comment. Cynthia stated that there are situations that occur when having a renter would be feasible. For example, sometimes there are just two people living in a house such as same sex roommates. One person may own the house and the other rents. She stated that she is not suggesting that we over populate a house. There would be no more cars than what normally be in a driveway. There are many wonderful residents who have lived here for years having renters who could be affected by this decision.

WORKING SESSION

BLHA president Rick Rice made a presentation on the various merchandise that BLHA would consider placing the City logo. The presentation was made in order to assure Council that BLHA would in no way use the logo on items that would harm or embarrass the City. He stated that BLHA would like to use the City logo because they feel it will maintain unity in the community. He further stated that using the logo is more because of community pride than for fundraising. He asked that Council make a decision as soon as possible because time is running short for getting the logo put on the items.

The Mayor asked Council whether the Berkeley Lake 97 green stickers should continue to be used for cars. Council Member Massaroni stated that the stickers were eliminated from the ordinances two years ago and the stickers can be removed from car windows.

The Mayor asked Council about the possibility of BLHA leasing the dam parking lot from the City. This would allow BLHA to supervise who parks in the lot thus keeping trespassers away from the beach area. There was much discussion. Attorney Mitchell stated that it would be difficult to turn public property over to a private entity and not give access to the public. Mr. Rice asked if BLHA could purchase the property. There was more discussion. Mayor Salter asked that City Attorney Carothers be given a few weeks to consider the issue and that the City would make a decision by the next Council meeting.

There was discussion about a permit being given to BLHA for a one-time use permit for a campfire at the beach in order for BLHA to sponsor a family campout in the early spring. After much discussion, it was decided that there would be no problem as long as Mr. Rice reads the Ordinance that pertains to fires in the City and talks with the City OEO to obtain a permit.

Other topics of discussion during the Working Session were as follows: The Mayor asked Council Member Arakawa to ask the County when they will install the stop light at Berkeley Commons and PIB. The Mayor gave a report on the status of the Septic Tank maintenance deadlines. There has been 99% citizen compliance to this new Ordinance. The Mayor reported that the City will be calling and writing letters to a few citizens who need more follow up with their septic reports. It was discussed that there will be changes made in the Septic Tank Ordinance in the near future. The Mayor asked Council Member Steventon to talk with Tom Kitchens and come up with Ordinance modifications to be presented to Council and placed on First Read next month. Council discussed the acquisition of SPLOST funds and other Grant possibilities. The job description for the Assistant City Clerk was also discussed. There was much discussion and it was decided that the Assistant City Clerk is empowered to assist the City Clerk and to act with the same powers in her absence. George Sipe suggested that the name should be Deputy City Clerk. It was agreed that the City Clerk and Deputy City Clerk could work together as needed. Their joint hours should be limited to no more than 20 hours a week without permission from the Mayor or City Manager. Council Member Reynolds reported on her research with the Dish Network. There was much discussion as to when they could come to the City to market the product. Council suggested that Council Member Reynolds invite them to the next Council meeting.

MINUTES

Council Member Massaroni moved to approve the January 17th Minutes. Council Member Steventon 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 the following reports: Public Works and Safety, BLEMA, Arbitration Board, Finance Affairs, Stormwater Management, Communications, OEO and Officer Dunlap. The Mayor asked that the police cruise regularly through the neighborhoods in addition to the schedule listed for them in the Public Works and Safety report.

ANNOUNCEMENTS

Lois' Laurels was presented to former Council Member Phil Cuttino for his service as Council Member for two years and for his dedicated leadership in Relay for Life for the City of Berkeley Lake. His talent and hard work has made our City one of the top contributors to Relay for Life in Gwinnett County.

The Mayor called specific attention to Council Member Arakawa's Public Works and Safety report explaining that it contains a brief representation of the police schedule; it also contains important information about the Berkeley Lake Elementary "Sock Hop" which will be held on March 2nd. Many citizens have been concerned about the parking for this event. Mr. Arakawa has worked to obtain 6 police officers (four of which will be paid for by the school) along with himself and the City Manager who will help direct traffic to approved parking areas.

The Mayor also thanked and congratulated Council Member Frank Lombardi for his efforts with the City's Neighborwoods project. It was a huge success with over 300 trees planted.

The Mayor announced that Earth Day is April 20th and that Council Member David Steventon will be heading up the project this year.

BLEMA will be meeting on Saturday February 23rd from 9:00-11:00 AM.

The Mayor reported that the Billboard Company continues to appeal and that they are now pleading Constitutional issues in Federal Court as well as continuing the case in Superior Court. County Attorney Pat O'Brien, who is acting for the County in both cases, says that this will be a very long process with many appeals.

The Mayor announced that GRTA would be holding the 400 Corridor meeting on Tuesday March 5th at GJAC.

Mayor Salter stated that an environment survey is being conducted on the Ferrier property and the City is working on obtaining a clear title.

The Mayor also stated that Dan Huntington who is President of the Berkeley Walk Homeowner's Assoc. has invited ladies in the City to join the ALTA team. They are looking for ladies in the C-1 through B-8 levels.

Frank Lombardi announced that the City of Berkeley Lake has made Tree City status for the third year in a row.

OLD BUSINESS

Logo Trademark – Massaroni

Council Member Massaroni reported that he has drafted a letter agreement for Britt Collins to look over and sign. Britt has not responded as yet. The Mayor and Council endowed Council Members Massaroni and Steventon to negotiate the licensing agreement with BLHA for the City Logo. There was much discussion as to what fee to charge BLHA for the use of the Logo.

City Directories

Council Member Reynolds reported that the printing costs for the Directories would be $2000 and that she plans to send it to the printer tomorrow. The Council approved.

Moratorium Resolution

Attorney Mitchell stated that the City has asked for a Resolution to place a brief Moratorium on permitting R-101 property until the Ordinance to establish the use descriptions is adopted. The Changes to the Ordinance will then be put on First Read.

Council Member Reynolds motioned to accept the Resolution. Council Member Arakawa seconded the motion and approval was unanimous.

Ordinance Chapter 39-809 First Read

Council Member Massaroni motioned to place on First Read Chapter 39-809. Council Member Arakawa seconded the motion and approval was unanimous.

Ordinance Chapter 39-809 will be reviewed and passed by the Planning and Zoning Commission before coming back to Council for Second Read.

Other

There was no other Old Business

NEW BUSINESS

Vision Statement for 2002-2007-Massaroni

Council Member Massaroni motioned to approve the Vision Statement/Short Term Work Program as amended in the Public Hearing and to adopt the Resolution of Submittal. Council Member Arakawa seconded the motion and approval was unanimous.

Chapter 39 Modifications – Sipe and Massaroni

Mr. Sipe stated that the following Ordinance changes are minor and have been passed individually by the P&Z for clarity's sake. If Council approves the changes they should be placed on First Read.

Chapter 39-103 (h) now states: Building line; Setback line: A line formed by the outer face of the exterior wall of a building or portion thereof and the surface of the ground.

Change To

(h) Building line; setback line: A line dropped from the outer edge of any portion of the structure to the surface of the ground.

REASON: To remove a "loop hole" permitting cantilevered structures to bypass the intent of the Ordinance.

Council Member Massaroni motioned to place Chapter 39-103 on First Read. Council Member Arakawa seconded the motion and approval was unanimous.

Chapter 39-503 Temporary Buildings

Mr. Sipe explained that 39-807 stated that all driveways and parking areas on residential lots shall be paved with asphalt or concrete. The P&Z recommends changing 39-503 to specifically state the same for clarification.

The recommend change will read as follows: A temporary building or buildings for use in connection with a construction project or land subdivision shall be permitted on the land of the project during the construction period. All other temporary buildings located upon a property for more than 3 months are considered permanent structures, subject to all appropriate ordinances. Vehicles located on asphalt or concrete driveways and up to 1 boat and trailer per property located behind the front building line are excluded.

REASON: To remove vagueness in meaning of driveway (consistent with 39-807) and to prohibit the boat/trailer exception from front yards.

There was much discussion. Many questions were asked by Council Members.

Council Member Massaroni motioned to place Code section 39-503 on First Read. Council Member Arakawa seconded the motion and approval was unanimous.

Chapter 39-803 Residence District R-100, the Following Uses Are Permitted:

1. Single family detached dwellings, except mobile homes and modular homes.

Change To

1. Single family detached dwellings (excluding mobile and modular homes) designed for and occupied exclusively by one family. Dwellings containing two or more independent living areas or containing more than 1 kitchen are not permitted.

REASON: To further strengthen the existing intent of the R-100 zoning district and provide "tests" to guide the OEO in the issuance of Use Permits. Chapter 30-103 definition (n) already states: Dwelling, single family: A building designed for or occupied exclusively by one family.

There was much discussion between Council Members. Mr. Sipe stated that the new wording would require the OEO to require a variance when homeowners want to build a kitchen thus giving the P&Z an opportunity to review reasons the homeowner is building a kitchen, which adds some control for the City over apartments in homes. Council Member Massaroni stated that Council has already been examining single family housing in R-100 districts; this change should be considered by Council along with the future changes and not on its own. Mr. Sipe stated that it is very difficult to define a fully separate, functioning apartment; there are reasonable things that are similar like mother-in-law suites. This minor change is suggested by the P&Z to simply allow the City to discern the intention of a construction. This is just a "trigger" so that the OEO can require a variance.

Council took no action at this time and plans to continue discussion over the next month in order to take some action by the next Council meeting.

Chapter 39-1407 Fees

Now states: The Mayor and Council of the City of Berkeley may prescribe by other Ordinance or Resolution such schedule of fees as may be required in order to defray the expense of advertisement or other costs involving any application for a variance or special exception under this Article.

Change To

A fee of $25 is required to defray the expense of advertising and other costs involving each application for variances or special exceptions under this Article.

REASON: To defray costs and to provide incentive for conforming use.

There was much discussion.

Council Member Reynolds motioned to accept the $25 dollar expense for granting variances. Council Member Arakawa seconded the motion.

There was more discussion about raising the amount to $50 for granting variances.

Council Member Steventon motioned to ask P&Z to review and increase the fee on 39-1407 from $25 to $50 and as such to place on First Read. Council Member Reynolds withdrew her motion Council Member Lombardi seconded Council Member Steventon's motion. Approval was unanimous.

Chapter 17 Modifications

After much discussion it was decided to postpone discussion on Chapter 17 in order to review all suggestions more thoroughly during the month.

Arbor Day

Council Member Lombardi motioned that the City of Berkeley Lake celebrated Arbor Day on February 15th. Council Member Reynolds seconded the motion and approval was unanimous.

BLEMA Alert System

The Mayor explained the proposal. The program involves new technology for the computer called "Calling Post". The Mayor suggested that Council and citizens who are interested go on the website at www.callingpost.org. This technology allows everyone in the City to receive an emergency call within ten minutes. Tom Kitchens has suggested the City investigate this new technology for use in connection with the BLEMA program. It was decided to postpone a decision until next month.

Other

Emergency Management Agreement

The Mayor discussed an Emergency Management Agreement that has been sent to the City from GEMA. It has gone through BLEMA and City Attorney Carothers sees no reason not to sign.

A motion was made by Council Member Arakawa to authorize the Mayor to sign the agreement. Council Member Steventon seconded the motion. After much discussion the motion was withdrawn pending further investigation of the agreement.

Deputy City Clerk

A Motion was made by Council Member Massaroni to amend the Code of Ordinances to provide for the position of Deputy City Clerk. Council Member Steventon seconded the motion and approval was unanimous.

Council Member Massaroni motioned to have Council meetings at the Berkeley Walk Clubhouse once a quarter. Council Member Lombardi seconded the motion and approval was unanimous.

CITIZENS COMMENTS

Jane Hardwick asked a question about the hours and salary of the new City Manager/Treasurer.

Bob Herb who lives at 17 Lakeshore and is the current President of the Chapel Assoc. explained the misunderstandings about rental of the Chapel. The Chapel has never refused to rent to a party that was not for profit or who would not damage the Chapel beyond the normal wear and tear. This could replace the City's need to build a Community Center. There was much discussion about to whom the Chapel would rent.

COUNCIL MEMBER STEVENTON MOTIONED TO MOVE INTO EXECUTIVE SESSION FOR THE DISCUSSION OF PERSONNEL MATTERS. COUNCIL MEMBER REYNOLDS SECONDED THE MOTION AND APPROVAL WAS UNANIMOUS.

After Executive Session there were no citizens present.

THERE BEING NO FURTHER NEW BUSINESS, COUNCIL MEMBER MASSARONI MOTIONED TO ADJOURN. COUNCIL MEMBER ARAKAWA SECONDED THE MOTION AND APPROVAL WAS UNANIMOUS. THE MEETING ADJOURNED AT 11:00 PM.