CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GEORGIA 30096

PUBLIC HEARING/COUNCIL MEETING

FULL MINUTES FOR

June 20, 2002

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

Mayor – Lois Salter

Council Members – Tony Arakawa, Ken Massaroni, Delicia Reynolds, David Steventon

Richard Carothers – City Attorney

Tom Kitchens – BLEMA

Marcie Zielazienski – Deputy City Clerk

John Rockers – City Manager/Treasurer

Citizens Present - 5

CALL TO ORDER

Mayor Salter called the meeting to order at 6:05 PM at 4043 South Berkeley Lake Road.

PUBLIC HEARING

Tax Millage Ordinance & Cable Franchise Ordinance. Tom Kitchens said "yea" to the tax decrease. There were no further citizen's comments.

CITIZENS COMMENTS

Tom Kitchens, BLEMA Chairperson (150 Bayway Circle) passed out a spreadsheet to show the dollars associated with weather radios versus putting in another siren in our city. The spreadsheet shows that the cost of another siren is far more than it would be to put a weather radio into every household in the City. There are two versions of the weather radio available; a programmable radio or a radio that would allow one to receive all the weather information. Tom responded to numerous questions and comments.

Council discussed taking orders, how to take orders, and when to buy the radios. Mayor Salter has drafted a communication to go out to the community. When this communication goes out she offered that an order form for a weather radio could be included. This could be mailed back, and the City would then place an order for the number of radios requested.

ADOPTION OF AGENDA

Council Member Arakawa motioned to adopt the agenda as submitted, with the exception of removing the New Business item, "Consideration of Commercial Development Process". Council Member Steventon seconded the motion. Mayor Salter called for discussion. Council Member Arakawa wishes to have all council members present to discuss this matter. Council Member Massaroni commented that Council Member Lombardi, who is not present, should have the opportunity to express his opinions and ideas on this topic. Suggested that it may be worthwhile for Council to consider holding a special called council meeting. Council Members Arakawa, Massaroni, and Steventon voted "yea". Council Member Reynolds voted "nay."

A special meeting was set for 10:00 a.m. on June 21, 2002.

WORKING SESSION

Topics discussed during the Council Work Session included the following: Status of Commercial Property & City Center drawings.

City Manager Rockers reviewed that at a recent meeting of the P&Z Mr. Larry Smith, an engineer with Southeastern Civil Engineering made a brief presentation of a site concept plan. He again presented the drawing that had been submitted last fall, with some modifications to it. Briefly, the modifications were that they had enlarged two of the detention ponds because of the buffer requirements. He said they had lost two of their office buildings due to the pond expansion. A significant thing Mr. Smith mentioned was that two of the potential buyers (Walgreen's and Aldai Foods) have gone elsewhere. Because these two potential buyers are no longer in the picture, the focus has changed, and now they are speaking only of grading the property. There is a contractor, who will remove and take, at no cost to Bill Evans, all the dirt that must be removed from the site to make it buildable. However, there is only a "window of time" to do this.

Council Member Massaroni inquired if this would mean that about two third's of this property would be cleared and look much like the Maltese property down the road. There was general agreement that this could be the case. Some further discussion ensued. City Manager Rockers further reviewed that another issue is the 50 foot buffer requirement of the City. The developer intends to seek a variance to that.

City Attorney informed that they cannot get a grading permit until the 50 buffer requirement is addressed through the P&Z. The other thing is that even allowing a subdivision, which the ordinance permits, there is still a tree protection plan that must be submitted and approved. If the site is graded, there would not be any trees on the property so they would have to put them back according to the tree protection plan. Then there could be three particular parcels with separate tree protection plans. If the trees are planted and someone wants to change a building on the site, then all those trees would be torn up; new trees would be planted and so forth. These are some of the challenges, which are based on the fact that there are no end users. When you know the end users up front, the property can be laid out, there is a tree protection plan, and the "where & when" for buffers is obvious.

Don McFarland, the City's engineering consultant, has been quite clear to the developer that a tree protection plan must submitted and approved and the buffer requirements settled before applying for a grading permit.

Council Member Massaroni showed drawings of the proposed City Center and introduced Mr. Mike Penny, who is the president of Pencor Building Services, Inc. and a resident of the City. After walking the site, Mr. Penny had some very good ideas in regards to the City Center building and provided the drawings from some very rough sketches made at the last Council retreat.

In response to an inquiry, Mr. Penny addressed the way people would get from the top floor to the bottom floor. He would want to keep the administrative area private from the lower level, so there would be ramps coming off the parking area around the back. However, before deciding where a ramp could go, need a soil test to determine where the septic system will be. Some discussion ensued as to whether the City Center could be on the County sewer system, which would really diminish the damage to the trees on the site.

Mr. Penny gave an estimate of $110,000 to $115,000 for the cost of the building but warned that specifics could change that to make the cost lower or higher. This estimated cost does not include the parking, paving, etc.

City Manager Rockers informed that a boundary survey, a topo, and a tree survey have been ordered.

Council Member Massaroni would like members of Council to confirm to Council Member Steventon and himself whether they should continue to move forward with these plans and, if so, would like some approval for the expenditure of funds to proceed.

Mayor Salter asked for some preliminary information, by the July Council meeting, on the sewer situation and possible grants that might be obtained for a City Center project.

MINUTES

Council Member Reynolds moved to approve the May 16, 2002 minutes. Council Member Arakawa seconded the motion and approval was unanimous.

Council Member Arakawa moved to approve the May 30, 2002 minutes. Council Member Reynolds seconded the motion and approval was unanimous.

FINANCIAL REPORT

Council Member Reynolds moved to accept the Financial Report for May, 2002. Council Member Arakawa seconded the motion. Council Member Reynolds noted that on the Revenues and Expenditure page there should be a correction. Where the SPLOST money is posted the total amount should be $412,846 instead of $567,663.25 as the last deposit was posted to Revenues instead of Receivables. It was further noted that the audit adjustments have not yet been posted. These will be included in next month's report.

Council Member Reynolds withdrew her original motion. She then motioned to accept the Financial Statement, amended to reflect the changes in the SPLOST entry. Council Member Arakawa seconded the motion. Vote for approval was unanimous.

STAFF AND COMMITTEE REPORTS

Mayor Salter announced that she has received the following reports: Public Works and Safety Committee, BLEMA, the Dam Committee, Arbitration Board, Financial Affairs, Police, and OEO.

ANNOUNCEMENTS

Mayor Salter announced that the president of the Berkeley Commons Homeowners Assoc. has stated that these residents would like to have a referendum on the building of a City Center. The president of the River Mansions Homeowners Assoc. says these residents would like it to be built at minimum expense.

Regarding the Septic Care Ordinance, there is only one person in the entire city that is being taken to Court for non-compliance. This is a phenomenal accomplishment – says a lot for the citizens and city employees.

The City Historian is operating and doing a wonderful job.

Gwinnett County police officer, Doug McClure, was introduced by Council Member Arakawa. Officer McClure is replacing Ray Dunlap as the coordinator of the off duty County police that will be working in the City.

OLD BUSINESS

Sidewalks

Council Member Arakawa reported that the plans are in the final approval stage and will be approved by the end of July. Was able to get David Tucker with Gwinnett County to agree to put in the slots for the memorial flags. Estimate that the first sign of construction will probably take place in early September. If there are any changes, Council Member Arakawa will inform Council.

The efforts to save the automobile excel lane at River Mansions were not successful. The residents seem to be aware that the City officials did all that they could. A line of sight has been cleared from the River Mansions entrance all the way up to Lou Ivy. Before the drivers had to creep out and try to look, which was always a safety issue.

Tax Millage Ordinance

Mayor Salter asked if the Five Year History was posted by the deadline date. City Manager Rockers replied that the original, which he was holding, was faxed to the paper on June 1, the day after the May 31 millage rate meeting. On June 1, he was told the history would run on Tuesday or Wednesday of the following week – June 4th or 5th. This met the time requirements for publication at least ten days before the adoption of the millage rate.

Council Member Reynolds moved that the adopting ordinance for last year's tax millage rate be adopted for 2002 with the change that the millage rate be set at 4.4 mils. Council Member Massaroni seconded the motion. The vote for approval was unanimous.

Drainage Issues

City Manager Rockers reported that he has spoken with Steve Larson and David Chastant of Gwinnett County Storm Water Management. The County is willing to review all of our drainage expenses for 2001 and 2002 and may reimburse the entire amount, which is approximately $27,000. The documentation for such expenses is being prepared for submission.

Weather Radios

Council Member Steventon motioned that the community be polled to determine the level of interest. Council Member Massaroni seconded the motion. Discussion ensued.

Council Member Steventon withdrew his motion. Council Member Reynolds motioned to set the price at $10.00, send out an order form, collect the orders and money and place an order. Council Member Steventon seconded the motion. Vote for approval was unanimous.

There was unanimous agreement that the radios ordered would be programmable to this specific area.

July 4th Festivities

Council Member Steventon reported that the July 4th celebration plans are well under way, thanks to several very capable volunteers. Jane & Wynn Barton printed and contributed the flyers; B. J. Barrett has agreed to accept the huge task of overseeing the parade; Jill Voyles is handling the picnic; and Officer McClure is scheduling good police coverage. There is going to be food, refreshments, water activities, and live music. Also, there will be a dunk tank with some participants from the political ranks.

AT&T Cable Systems Customer Standards Ordinance, 2nd Read

Council Member Reynolds moved that the Ordinance amending the City of Berkeley Lake Cable Franchise Ordinance to incorporate Federal cable customer service standards and to provide for an effective date be placed on 2nd read and adopted. Council Member Arakawa seconded the motion. Council Members Arakawa, Reynolds and Steventon voted "yea". Council Member Massaroni abstained.

Other

City Manager Rockers reported that Chattahoochee Landscaping has now placed the rocks at the entrance to Miramont. They have been ordered for 50 Lakeshore Drive.

City Manager Rockers was asked by Council to move forward to get formal quotes – hopefully by the next meeting - to fix the drainage problems on Ridge Road according to the specs prepared by Wolverton Engineering. Even though the engineering company may be able to obtain several good bids, City Attorney Carothers requested that the City proceed to get our own bids due to the cost of these repairs – about $40,000.

Council Member Massaroni motioned that City Council approve an amount not to exceed $6,000 to get some formalized floor plans and a front elevation for the City Center. Council Member Arakawa seconded. Vote for approval was unanimous.

Council Member Massaroni motioned that City Council approve the expenditure of $4,200 for the three surveys to be done on the property for the proposed City Center. This expense is for a boundary survey, a topo survey, and a tree survey. Council Member Arakawa seconded the motion. Vote for approval was unanimous.

NEW BUSINESS

Council Member Steventon motioned to adopt the Resolution whereby the City of Berkeley Lake agrees to exchange its entitlement to the Gwinnett County transportation funds in the amount of $423 for the entitlement of the City of Lawrenceville to $423 of County parks and recreation funds. Council Member Massaroni seconded the motion. Vote for approval was unanimous.

Nick Lore (50 Lakeshore Drive) reported that he is fighting a losing battle with Kudzu in the Greenspace. Due to the largeness of the problem, cannot do the eradication himself. Discussion ensued with it being determined by unanimous consent that City Manager Rockers will research with the proper agencies how to best deal with Kudzu. He indicated he should be able to complete this research within a week.

THERE BEING NO FURTHER NEW BUSINESS, COUNCIL MEMBER ARAKAWA MOVED TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING POTENTIAL LITIGATION AND CERTAIN PERSONNEL ISSUES. THE MOTION WAS SECONDED BY COUNCIL MEMBER MASSARONI AND APPROVAL WAS UNANIMORS. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 8:30 PM.

AFTER EXECUTIVE SESSION THERE WERE NO CITIZENS PRESENT.

THERE BEING NO FURTHER NEW BUSINESS COUNCIL MEMBER STEVENTON MOVED AND COUNCIL MEMBER ARAKAWA SECONDED TO ADJOURN THE MEETING . APPROVAL WAS UNANIMOUS.

Respectfully submitted,

Marcie E. Zielazienski

Deputy City Clerk