CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GEORGIA 30096

PUBLIC HEARING/COUNCIL MEETING

Full Minutes

July 18th 2002

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

Mayor – Lois Salter

Council Members: Tony Arakawa, Frank Lombardi, Delicia Reynolds, and David Steventon

Thomas Mitchell - Attorney

Claire Grimes – City Clerk

Tom Kitchens – BLEMA

Citizens Present 9

CALL TO ORDER

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

PUBLIC HEARING

Tax Millage Ordinance. There were no Citizens comments.

CITIZENS COMMENTS

There were no Citizens Comments

WORKING SESSION

Topics discussed during the Council Working Session include the following:

Procedures for attending meetings- Mr. Lombardi presented the form to be filed by Council members who plan to attend out-of-City meetings.

Kudzu – Mayor Salter presented the results of research on the City's options for the containment and eradication of Kudzu in the greenspace. The results include the use of goats, which is the most environmentally friendly way to handle the problem, mowing, and the application of herbicides. Council Member Arakawa agreed to do more research on the use of goats to solve a portion of our problem.

Construction permits and contractor responsibility – Council discussed ways to educate both the public and contractors in the process of permitting procedures for construction projects. Council Member Steventon agreed to investigate.

Presentation by Woverton and Associates - The Woverton engineer presented the findings of the surveys of Ridge Road and the City Park property.

MINUTES

Council Member Arakawa motioned to approve the June 20th Minutes as amended. Council Member Reynolds seconded the motion. Approval was unanimous.

Council Member Reynolds suggested the following changes to the June 20th Minutes: Page 1 under Citizens' Comments, second sentence, change putting in another siren in the City to weather radios. The Mayor suggested a spelling change on Page 2; second paragraph under Working Session the spelling of Alday foods should be changed to Aldi foods. Top of page 3 second sentence should read "private from" instead of "private to". Mayor Salter asked that the following paragraph be included under New Business top of page 6: Mayor Salter asked Council for a formal response to the proposal she has received from the Lake Berkeley Chapel Association, whereby the Association determined that they would retain ownership but would agree for the City to use the Chapel as a Community Center if the City would bring the kitchen up to commercial grade. Mr. Penney had estimated the cost to do this would be approximately $50,000. There was a unanimous consensus of Council to move forward with the planning of a new City Center building.

Council Member Reynolds motioned to approve the Minutes of the June 29th Called Council Meeting with corrections noted. Council Member Steventon seconded the motion. Approval was unanimous.

Council Member Lombardi suggested corrections to the spelling of Lombardi and unanimous on page 4 under the Motion to adjourn.

FINANCIAL REPORT

Council Member Reynolds moved to accept the Financial Report as filed. Council Member Arakawa 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 and Police.

ANNOUNCEMENTS AND APPOINTMENTS

Mayor Salter presented the Lois' Laurels award to Jackie Wall who is volunteering her time to be the City Historian. Jackie spends many hours serving as a "Meals on Wheels" volunteer as well as helping with other special needs with some of the elderly residents in our City. Jackie is also President of the BLOSOMS.

The Mayor discussed the problem of Pine Beetles and stated that one citizen in our City has a very bad problem with a potential of costing over $40,000. The Mayor stated that she has asked Dale Higdon (Georgia Forestry Commission) to come to the City and look at this problem and make suggestions as to what could be done. He has given us some literature that will be available to all citizens at City Hall. We have arranged for ways for citizens to obtain hardwood tree seedlings. The City cannot spend public money for buying trees for private property; however we can help facilitate ways for our citizens to buy trees at a much lower cost and in large quantities.

The Mayor announced that the Maltese property is advertising for rezoning in order to build 139 town homes on the property. The homes should sell for between $160 to $200 thousand dollars. The public hearing will be on August 7th by the Planning Commission and on August 27th by the Board of Commissioners. Council Member Arakawa expressed interest in representing the City at these hearings.

The Mayor stated that she has an appointment with Congressman John Linder and she intends to request his help in getting a zip code for our City and potentially a post office nearer our City so that citizens can use a post office other than Duluth.

OLD BUSINESS

Tax Millage Ordinance – 2nd read

Council Member Reynolds moved to adopt the Tax Millage Ordinance at 4.4 mills. Council Member Lombardi seconded the motion and approval was unanimous.

Policy on use of City Logo

Council member Reynolds requested to table discussion at this time.

Resolution re travel of City officials

Council Member Lombardi motioned for a Resolution for adoption of the Authorization to Travel procedure as discussed. Council Member Steventon seconded the motion and approval was unanimous.

Other

There was no other Old Business.

NEW BUSINESS

Grants for City Center – Arakawa

Council Member Arakawa stated that some of his findings are as stated in his report; however, some of this will be discussed by the Deputy Director of the Georgia Cities Foundation. Mr. Arakawa stated that he has invited him to come out and brainstorm with us about all the possibilities for grants. He threads across many types of grants and he can help us look at what we are doing to try and conform the grants to the opportunity. Mr. Arakawa further stated that he has located some other potential helpful grant opportunities.

Sewer for City Center – Arakawa

Council Member Arakawa stated that he is working with County officials to work quickly through the eight-step process for obtaining sewer hook-up. This process typically takes six months. If we can work with the Commissioners to do this we might have the ability to tie this in by late December or early January. He further stated that he would be working with Tom Kitchens to accomplish this process. The Mayor asked if the Chapel could be included in these discussions. There are also some other citizens along Berkeley Lake road who might be interested in hooking in the sewer line.

Investment Accounts and roads account – Reynolds

Council Member Reynolds motioned to close the roads account and the greenspace money market account and transfer the money to the operating account because the accounts are no longer necessary. Council Member Steventon seconded the motion and approval was unanimous.

Council also discussed where to invest the City money. CDs as well as LGIP (Local Government Investment Pool) were among the possibilities discussed. Also the possibility of moving money from GNMA fund was discussed. Council suggested that because of the lack of time on their part to monitor this fund, they suggest closing the GNMA fund and including those monies in the CD purchase.

Council Member Reynolds motioned that Council authorize her to check on interest rates and move up to $500,000 into CD's from LGIP and close the GNMA fund to include that money in a CD. Council Member Arakawa seconded the motion. Approval was unanimous.

Council Member Reynolds motioned to authorize the Mayor to sign the engagement letter from Simmons and Jamieson to conduct the City audit for the year 2002. Council Member Arakawa seconded the motion and approval was unanimous.

Council Member Reynolds motioned that the City Clerk and the Deputy City Clerk be added on the signature cards at the bank, and remove the City Manager who has resigned. Council Member Arakawa seconded the motion and approval was unanimous.

Council Member Reynolds motioned to allow the City Auditor to manage the bookkeeping for the City on a month-to-month basis until we make other arrangements. Council Member Arakawa seconded the motion and approval was unanimous.

Floodplain Management Ordinance 1st read

Attorney Mitchell stated that the changes to the Ordinance already adopted by the City of Berkeley Lake are simply to change where the Ordinance states Gwinnett County to state The City of Berkeley Lake. There are other minor changes.

Council Member Reynolds motioned to place the Floodplain Management Ordinance on First Read. Council Member Lombardi seconded the motion and approval was unanimous.

Ordinance Chapter 17 revision, 1st read – Zielasienski

Council Member Steventon motioned to table discussion of Chapter 17 until further study can be conducted. Council Member Arakawa seconded the motion and approval was unanimous.

Consideration of City Manager position

There was much discussion about a Public Works position as well as a City Manager position. The Mayor stated that she was willing to take on the former City Manager's management tasks and call upon Council when necessary and let Council know if it becomes overwhelming for her before it becomes a problem for the City. There was discussion about farming out the Public Works position. Council Member Reynolds suggested that the experiment in combining the Treasurer position with Public Works was not a complete success do to the vastly different skills required by the positions. Council Member Steventon suggested that during this transitional period, it might be important to look and see what might be available to us and for what cost. The Mayor stated that cost needs to be a real consideration.

Council Member Steventon motioned that there be a 30-day period to explore available candidates; time to put together a list of benefits offered by such individuals and a cost grid. Council Member Lombardi seconded the motion and approval was unanimous.

Commercial Development

The Mayor reported on her meeting with the developer of the City commercial property. She stated that Don McFarland, who is the engineer representing the City on this project, was also in attendance. The Mayor reported that the developer, Bill Evans, expressed concern that the City had held him up for a year. She stated that she told him that she was not aware that we have held him up at all. She further told him that she is very aware of his need to move ahead with the project, but it concerns her to read in the newspaper that the City of Berkeley Lake has held him up for a year. He did acknowledge that was not true. What has happened is that last February they applied for a Land Disturbance Permit. To get a Land Disturbance Permit you have to have a Grading and Drainage portion approved and that was approved by the City in a very timely fashion. Also required for a Land Disturbance Permit are Variance to our Tree Ordinance and a Zoning Variance because of the 50-ft. buffer. Those are the main issues and contrary to us having held them up, they have still not presented either of those things. Therefore, the ball is in their court not ours. The issue that is a problem for them is that they would like for us to come off of our 32 units per acre in our Tree Ordinance. She stated that she told him that he needed to get himself to the P&Z and that he was fully aware of the procedure. He needs an exception to our Tree Ordinance and an exception to be made to that original Ordinance that resolved the previous settlement that requires a 50-ft. buffer between the property and the County property on which the fire station exists. The Mayor further stated that she reaffirmed to them that she would do everything in her power to facilitate speedy action in the City. They stated that they had been told by someone in Berkeley Lake that "Hell would freeze over before they were able to build anything there." The Mayor stated that she reassured them that no one would be obstructive to them. She also explained that if they were not happy with a decision made by the P&Z that they could appeal to City Council. In the interest of helping save time for them, the Mayor stated that she told them that she would keep Council informed of the issues in order to have them prepared for any presentation made by him or his engineers. The Mayor stated that she also continued to express the City's desire for a site plan. She explained to him that citizens are concerned because of the previous history with Pete Maltese property.

Other

The Mayor asked Council for approval of the BLEMA/weather radio letter she was asked by Council to write and mail to all citizens. She also asked for suggestions on a sign-up form she created. Council Member Reynolds stated that the response form needed a place to print their name, address, phone number and email address.

Council Member Reynolds stated that the accounting firm would require someone to approve payment for all the bills sent to them for payment. Council designated the City Clerks (Claire Grimes or Marcie Zielazienski) to approve payment and code all bills. The Mayor or Council Member Reynolds would then sign the checks.

Council Member Reynolds motioned to instruct the City Attorney to start the procedure to annex the newly purchased Ferrier property. Council Member Arakawa seconded the motion and approval was unanimous.

CITIZENS COMMENTS

Skip Johnson 420 Lakeshore Drive – Skip stated his concern over the speeding bicyclists coming through the City. Citizens have put up with this for a long time. However, between five and six in the evening for the last two weeks it has looked like a bicycle race with large groups of bicyclists flying around corners. Skip also stated his concern over the City's changing the direction in the way the City seems to be doing business in regards to the P&Z. The P&Z has been working for 30 years and it has served us well. "If it ain't broke, don't fix it."

Jeff Pahl 881 Lakeshore Drive – Jeff expressed his concern over the speeding bicyclists. He stated that he had spoken with the City Police Officer about the bicyclist who almost hit him at a stop sign. They do not stop at stop signs; they do not signal etc. They are becoming a menace.

Bob Flaherty 112 Ridge Road – Mr. Flaherty expressed his concern that the Engineer's proposal to correct the drainage problem on Ridge Road is too costly and would like the City to look into some of the ideas he presented to Council in writing. His written proposal is attached to these minutes.

THERE BEING NO FURTHER NEW BUSINESS, COUNCIL MEMBER ARAKAWA MOTIONED TO ADJOURN INTO EXECUTIVE SESSION IN ORDER TO DISCUSS PERSONNEL ISSUES. COUNCIL MEMBER STEVENTON SECONDED THE MOTION. THE COUNCIL MEETING WAS ADJOURNED AT 8:45 PM.