CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GEORGIA 30096

PUBLIC HEARING/COUNCIL MEETING

FULL MINUTES FOR

May 16, 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

William Coolidge - Attorney

Claire Grimes – City Clerk

Tom Kitchens – BLEMA

John Rockers – City Manager/Treasurer

Citizens Present 5

CALL TO ORDER

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

PUBLIC HEARING

Ordinance Chapter 3. There were no Citizens' comments.

CITIZENS' COMMENTS

Jonathan Leo – The Mayor introduced Jonathan Leo who is one of our citizens from Boy Scout Troop 650. He is visiting the meeting tonight to see how government works.

Rick Rice – Discussed the possibility of the City having a fire works display from a barge in the lake. He asked that the City be responsible for cleaning up any debris. There was discussion about the liability issues and the investigation of hiring a professional.

WORKING SESSION

Topics discussed during the Council Working Session include the following:

Septic systems- Claire Grimes reported that there are only three more homeowners who need to comply with the Septic Ordinance.

Grant funds- City Manager Rockers reported on the status of all outstanding grant funds.

Status of commercial property – There was much discussion on the development of a City Task Force to oversee the Parsons property development. The Task Force would serve to reinforce the City's position with the developer and to present the City "wish list" for the development of the Parsons' property.

Procedures for attending meetings- Mr. Lombardi presented the form to be filed by Council members who need to be reimbursed for expenditures while attending meetings on behalf of the City.

OEO expectations-The Mayor asked for Council recommendations on how the OEO should behave with our citizens. The "Three Step Process" was discussed. Council decided that there should be a time limit for citizens to comply with the OEO's warnings. Charlie needs to continue to document all warnings made to citizens.

MINUTES

Council Member Massaroni motioned to approve the April 18th Minutes. Council Member Reynolds seconded the motion.

Council Member Massaroni suggested the following changes to the April Minutes: Page 4 under BLEMA, strike the last sentence before the motion. Page 6 under Drainage Issues, the beginning of the second sentence of the motion should read "Mr. Arakawa would also like..." Under Other/City Flag to read "Council endowed Mr. Lombardi with the authority to obtain a flag and a banner for the City." Council Member Massaroni moved to approve the amended April Minutes. Council Member Arakawa seconded the motion. Approval was unanimous.

Council Member Massaroni motioned to approve the minutes from the Council retreat subject that they clearly recite that a vote was taken to authorize Council Member Steventon and myself to begin investigating a City Hall structure including the features that were discussed at that meeting. Council Member Arakawa 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: BLEMA, Arbitration Board, Finance Affairs, Stormwater Management, Communications, OEO. Council Member Arakawa stated that he had filed his report of no report on the website.

ANNOUNCEMENTS AND APPOINTMENTS

The Mayor gave Earth Day congratulations and appreciation to Council Member Steventon for his leadership of the event and Council Member Arakawa for his diligent effort in cleaning up PIB.

The Mayor also announced that the Ferrier land purchase has taken place. More than half of the purchase price of this land will be paid for by grant funds obtained by the City.

There is a new Forum on the website, which can be used to advertise items for sale.

The Mayor also announced that there has been loud garbage pick-up during early morning hours at Berkeley Lake Elementary School. She has contacted the school board and they have agreed to contact BFI and ask them to come at a later time.

Council Member Lombardi thanked Britt Collins for the design of the new City flag.

OLD BUSINESS

Sidewalks – Arakawa

Council Member Arakawa explained his efforts to work with the County for the final plans on the City sidewalks. The next steps will be the acquisition of easements, which will involve the corner lot across from City Hall. Construction should begin in early Fall.

Council Member Arakawa motioned to accept the drawings submitted by Gwinnett County for the Berkeley Lake sidewalk installation for phase one. Council Member Massaroni seconded the motion and approval was unanimous.

City Parking Lot

Council Member Reynolds motioned to approve the Resolution authorizing the Mayor to enter into the Lease Agreement with the Berkeley Lake Homeowners' Association for the City parking lot. Council Member Lombardi seconded the motion and approval was unanimous.

Ordinance Chapter 3 modifications

Council Member Massaroni motioned to place on 2nd read and approve the modifications as amended by Council to Ordinance Chapter 3-401,402 and 406. Council Member Arakawa seconded the motion.

After discussion Council Member Lombardi motioned to approve the modifications to Ordinance Chapter 3 to include all amendments made by Council, which include: change "to provide for election" to "provide for appointment". Section 3-401, change "election" to "appointment", 3-402, replace the dependent clause in the middle of the sentence with "serving at the pleasure of the City Council." Replace "assistant City Clerk" with "Deputy City Clerk." Council Member Arakawa seconded the motion and approval was unanimous.

Barrier Along the dam – Rockers

City Manager Rockers discussed the various proposals for providing a barrier to vehicles riding on the dam. After discussion, Council decided to wait until the sidewalks are built before conducting more research on the type of structure to be built.

Drainage Issues – Rockers

City Manager Rockers gave a report detailing the four main areas around the City that need attention because of a drainage problem. The areas discussed were: 267 Lakeshore, Ridge Road, 111 Little Ridge Rd. and Bayway Circle. Also discussed were sinkholes in Miramont and in Berkeley Walk. Council asked that Mr. Rockers continue his research of the Ridge Road problem with the engineers hired by the City and others and give a final cost estimate for the project by the June 18th Council meeting. He was also asked to have a cost estimate on the pictures required of the pipes going under Lakeshore Drive at the curve at #182 Lakeshore (this area has to do with the drainage from 111 Little Ridge Road.)

City Flag – Lombardi

Council Member Lombardi stated that the City has ordered two flags and two banners with the City logo.

City Center

Council Member Massaroni stated that due to conflicting schedules the sketches for the proposed City Center would be presented at the next Council meeting.

Other

Council Member Massaroni motioned to accept the Resolution of Adoption of the Short Term Work Program for 2002-2007 submitted to the Atlanta Regional Commission. Council Member Arakawa seconded the motion and approval was unanimous.

NEW BUSINESS

Policy on use of City Logo

Council Member Reynolds discussed her preliminary findings on how to handle use of the City Logo by the Homeowners' Associations.

July 4th Festivities

Council Member David Steventon is heading July 4th this year.

Starlight 5K Run

Council discussed the need for police presence and the logistics of closing the roads for this type of activity. The need for a Parade Permit was also discussed. Council decided to not allow this type of activity in the City until more research has taken place on the permitting of these types of events.

Other

The other issues discussed were:

Contractor licenses- The Mayor stated that a citizen had requested the reinstatement of contractor licenses in the City in order to obtain knowledge in advance when construction was taking place in the City. It was determined that a contractors license would not address the problem it is supposed to address; the City Attorney expressed concern that contractors licenses would conflict with State Law.

City Historian - Mayor Salter stated that one of our citizens, Jackie Wall, has volunteered to become the City Historian. She would volunteer her time to do the work of keeping scrapbooks of all newspaper articles written about the City. She would require payment for materials, which would involve some plastic sheets and notebooks etc. Council asked the Mayor to pursue the matter further and present specific guidelines at the next Council meeting.

AT&T -

Council Member Lombardi motioned to place on First Read an Ordinance to amend the City of Berkeley Lake's Cable Franchise Ordinance to provide for Federal Cable Customer Service Standards and to provide for an effective date for that to occur. The motion was seconded by Council Member Arakawa. The motion carried with three votes with Council Member Massaroni abstaining.

Testing the Lake -Council discussed payment for old invoices for testing of the lake during the year 2001. City Manager Rockers was instructed to pay these invoices.

Purchase of Chapel by the City –Mayor Salter stated that she had been given authorization by two Council Members to research the possibility of the Chapel building becoming a City Center. After much discussion, Council gave the Mayor permission to explore the matter further and report her findings.

SPLOST Funds – Council Member Arakawa explained to Council the possibility of the redistribution of some of the 1997 SPLOST funds. There will be a committee set up as the voting mechanism for these funds. Berkeley Lake should have a delegate to that committee.

Council Member Massaroni motioned to appoint Council Member Arakawa to the Gwinnett Municipal Association's voting mechanism for intergovernmental relations. Council Member Lombardi seconded the motion and approval was unanimous.

Miramont entrance – Council Member Arakawa asked for help with some boulders to place at the entrance of the Miramont subdivision. There has been more trashing of that area by cars that drive over the curb and put ruts in the grass. City Manager Rockers stated that he was getting the cost estimates today and would report to Mr. Arakawa.

Police patrol for graduation – There was discussion about the new City Police Officer to replace Ray Dunlap. Council Member Arakawa stated that he would send last year's police schedule to Mr. Rockers so that he can begin to schedule the police officers appropriately.

CITIZENS COMMENTS

Tom Kitchens – 150 Bayway Circle- Tom stated that there was larvacide available at City Hall for Mr. Rockers to begin the larvacide. Tom also stated that he had contacted the manufacturer of the siren for the City and that they agreed that one siren was not sufficient for the City. The cost of another siren would be $22,000. Mr. Kitchens further stated that he has called Gwinnett County to obtain the cost of weather radios and that they are roughly between thirty and forty dollars each. The suggestion would be for the City to purchase a radio for every citizen in the City who wanted one to use in conjunction with the City's new "Calling Post" system. The cost for this purchase would be less than the purchase of another siren. Mr. Lombardi stated that he thought that GMA has funds available for such purchases. There was more discussion about various options. The Mayor stated that she would rather offer a weather radio to every citizen who wanted one. Mr. Kitchens was asked to further explore the options and costs

Britt Collins – Lakeshore Drive – Britt discussed the confusion and misunderstands that have recently taken place because the lack of a definite protocol in place for the OEO. The Mayor stated that Council had confirmed earlier in this meeting, that the future policy for the OEO should be to work with the neighbors whenever possible before a citation is written.

THERE BEING NO FURTHER NEW BUSINESS, COUNCIL MEMBER ARAKAWA MOTIONED TO ADJOURN. COUNCIL MEMBER MASSARONI SECONDED THE MOTION. THE COUNCIL MEETING WAS ADJOURNED AT 9:25 PM.