CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GEORGIA 30096

PUBLIC HEARING/COUNCIL MEETING

Full Minutes

September 19, 2002

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

Mayor – Lois Salter

Council Members: Frank Lombardi, Ken Massaroni, Delicia Reynolds, and David Steventon

Dick Carothers – City 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 the Berkeley Walk Clubhouse.

RECOGNITION OF POLICE OFFICERS

Mayor Salter recognized the great job done by the City Police Officers.

CITIZENS’ COMMENTS

The following citizens made citizens’ Comments:

Dana Nigh 4006 South Berkeley Lake Road – Dana stated that her question was the same as her question brought to the City back in April which is to inquire about the status of the actions being taken by the City to eliminate the commercial activity operating at 4026 South Berkeley Lake Rd. Dana spoke for both herself and Mr. Kirschner when stating that they both wanted this case brought to closure as soon as possible. Mayor Salter stated that Mr. Kirschner and his Attorney would be meeting with the entire Council that evening and she is hopeful that some decisions will be made in that regard. City Attorney Carothers stated that the new Court date for this case is October 23rd. He further stated that it was his call and it has been his experience that if one files a civil action and asks for an Injunction while a criminal case is pending then the judge in the Municipal Court simply allows the civil process to run its course and withholds ruling. Now that this case has gone on as long as it has, it would be his recommendation to the Council that the City proceed with the Injunction if there is no progress this evening. The Mayor then stated that because of the meeting with Mr. Kirschner and his Attorney the Council meeting needed to be moved along rapidly so please limit comments to two minutes.

Debbie Guthrie 4417 Bush Road – Debbie stated that in light of the problem with a commercial business being operated in the City, could the City look at the possibility of fixing the ordinances so that they are clearer. Mr. Carothers stated that he believes that Council as a whole needs to address what level of commercial activity is permitted in a residential area. People carry on businesses in their residences all the time but they don’t have traffic coming into their residence. Many jurisdictions have ordinances to say that one can have a home occupation under these circumstances only. Our ordinances are not as specific in regard to uses and probably this is something we need to address.

WORKING SESSION

Payroll Hours – Council Member Reynolds suggested that all City employees report hours on a consistent basis; currently some employees report hours to the minute and others to the nearest half-hour. She suggested that all employees round the hours to the nearest quarter hour per day. After discussion about the police automated reporting system, it was decided that everyone round hours to the nearest quarter-hour.

2003 Budget – Council Member Reynolds presented the suggested Budget for 2003. Mayor Salter suggested that Council explore raises in the following expenditures: Public Works, Solid Waste Collection (Earth Day), Construction Services and Supplies (Recreation). The Mayor asked Council Member Steventon to look into the costs of the Fall Festival as well as the 4th of July. Council Member Massaroni suggested that in light of the elections in 2003 there be something in the budget under Printing and Binding.

Expense Reimbursement Policy – Council Member Lombardi discussed the Expense Reimbursement Policy, which provides two forms: a form for a travel advance if one is required and the reimbursement form. The reimbursement policy gives guidelines on the allowable expenses for transportation and lodging and sets up the time lines for settling with the City in terms of expense reimbursement. It also lists some duties that the City Clerk would have in terms of maintaining the status of the travel advances and expense reports that are received. There were questions and much discussion about meal expenses as well as other changes. Mr. Lombardi will make changes.

MINUTES

The following corrections were suggested: under “Those in Attendance” to include Council Member Ken Massaroni. Page 2, #4 change BLAH to BLHA. Page 9 under Announcements and Appointments to change GwMA to read Gwinnett Municipal Association. Also under Announcements and Appointments last paragraph to read “an immediate emergency.” Page 12 to change imput to input. Page 13, just above Old Business change to correct spelling partitions. Page 14 under Budget 2003 to read Ryland subdivision and change “are” to “is” Page 8, under Minutes Council Member Massaroni abstained.

Council Member Massaroni motioned to approve the August Minutes as amended. Council Member Lombardi seconded the motion. Approval was unanimous.

FINANCIAL REPORT

Council Member Reynolds moved to accept the Financial Report as filed. Council Member Massaronni seconded the motion and approval was unanimous.

STAFF AND COMMITTEE REPORTS

Mayor Salter announced that she has received the following reports: BLEMA, Arbitration Board, Financial Affairs, Stormwater Management, Communications, OEO.

ANNOUNCEMENTS AND APPOINTMENTS

The Mayor stated that there has been evidence of fireworks in the greenspace and asked all Council and citizens to pass the word to all their neighbors to be watching for any suspicious activity around the greenspace.

The Mayor also announced that there would be a Council retreat on Saturday September 21st at City Hall.

The Mayor also announced that Rober Shutt has resigned from the Finance Committee. His resignation letter is attached to these Minutes.

The Mayor also announced that she would like to appoint Jeff Cashdan to replace Ray Dunlap on the Arbitration Board pending the approval of Mr. Cashdan’s employer. There was further discussion about the other possible changes to the Arbitration Board.

Council Member Massaroni motioned to accept the Mayor’s appointment of Mr. Cashdan pending his employer’s approval. Council Member Lombardi seconded the motion and approval was unanimous

OLD BUSINESS

Ridge Road Drainage Issue

Mr. Todd Seldomridge presented the most recent plans for addressing the drainage problems on Ridge Road. The Mayor reminded Council that the reason this project has not been advertised for bids is that the engineer has asked that we not advertise for bids on the last presentation because he had concerns that the proposal that he had made might create more problems. Mr. Seldomridge updated the citizens and Council on what was asked of his firm on his first evaluation of the Ridge Rd. project. He stated that he was never asked to look at what the residents could do as far as stabilizing the area. The extra curbing was suggested at that time because the City had some safety concerns to address. The curbing would have caused some extra minor drainage concerns. The base part of that proposal would be about a 60 thousand dollar fix with the extra curbing being an additional 20 thousand dollars. The Mayor stated that the problem on Ridge Road is a problem that is found throughout the City. There are other areas that have been brought to our attention that are equally a problem. The new request to Todd was to approach the Ridge Road project keeping an eye as to how the project would least impact the area as far as the topography is concerned. Also if there were any way to accomplish the same goal without spending 80 thousand dollars that would be a plus. Mr. Seldomridge explained that building a berm next to the fence while still putting in a cross drain could be an acceptable solution. There could be a few trees lost in this process. The cost for this type solution would be approximately 20 to 25 thousand dollars. After much discussion about the undisturbed buffer issue along with City/homeowner responsibility, Council agreed for Mr. Seldomridge to create specs for the berm with the cross drains to carry the water across the road in two areas. The Mayor stated that the corresponding issue that has been brought out by citizens is the legality of the homeowner to take the fence down and drive heavy equipment over the undisturbed buffer zone.

Berkeley Lake Conservancy

There were four members of the Conservancy present for the Council meeting. Mr. Rodney Hammond presented the committee’s recommendations. These recommendations are attached to these Minutes. The conservancy members are as follows: Bill Hankins, Susan Hanson, Jack Reynolds, Julie Stuart, Rick Waxweiler, Chuck Wilkinson and Pam Williamson. Mr. Hammond read the motion that the members have made which reads: “Whereas we have investigated options for an independent Conservancy within the City of Berkeley Lake, we have not found this to be a feasible solution. We have investigated established land trust organizations and we recommend using such and we specifically recommend Gwinnett Open Land Trust as the preferred land trust organization. This is not a recommendation for the establishment of the land trust or to determine the specific use of the greenspace.” He further stated that they are making the recommendation that the City authorize or make known its interest in receiving a more formal proposal from the Gwinnett Open Land Trust for such things as the possibility of a conservation easement. Stewardship would be overseen by an official land trust organization along with the support of those of us in the local citizens group. Council asked many questions and there was much discussion. Mr. Hammond suggested that a letter be written by a representative from the City to the GOLT in order to get the ball rolling.

Council Member Reynolds motioned to ask the Berkeley Lake Conservancy committee to further explore options and recommendations with GOLT. Council Member Massaroni seconded the motion and approval was unanimous.

Policy on use of City Logo - Reynolds

Council Member Reynolds tabled discussion in the interest of time.

Construction Permits and contractor responsibility – Steventon

Council Member Steventon asked to postpone discussion until next Council meeting.

City Manager – Steventon

Council Member Steventon stated that he has continued to explore opportunities for the replacement of John Rockers for the position of City Manager. We have reviewed salary surveys and have studied what other cities our size implement as a city manager/administrator position. He recommends that this study continue along with beginning to determine who would be available as far as a potential employee for this position. Mr. Lombardi suggested that GMA would be a place to advertise for the position as well as the Assoc. of City and County Managers. The latter organization has a newsletter that would be ideal for advertising this position at no cost. He also suggested that Council review the City Manager job description to make sure it is in line with what the City needs before we begin to advertise. Council discussed the salaries of City Managers from other cities the size of Berkeley Lake. Council decided to continue the discussion at the Council retreat.

Other

Council Member Massaroni reported on the committee meeting for the Center City project. He stated that he had also had the opportunity to meet with the Chapel Board. The Chapel Board made specific recommendations: 1.They would be willing to lease ground space for the purpose of allowing the City to build storage facilities or to build office space. 2. They also suggested that because the judge will not hold court under the Cross at the Chapel, why not simply take down the Cross in order to satisfy the judges concerns on that issue. 3. They wanted us to be certain and remember that the current lease for the Chapel rental expires at the end of the year and they are looking at setting a different rate for the Chapel rental next year. Council Member Massaroni also stated that the Chapel Board President, Bob Herb, who was also at the City Center Committee meeting, had e-mailed him with the option that the City consider very strongly placing the new City Center building directly behind the existing City Hall rather than the proposed area so that the tree loss would be the trees immediately adjacent to Bush Rd. Another suggestion made at the Committee meeting was that the new City Center building be placed where the existing children’s park is located and moving the children’s park across the street adjacent to the Chapel. Mr. Herb stated that he would put that option at the end of all possible options. Other suggestions from committee members were to look into the Capital Project Fund, which Mr. Arakawa had mentioned. There was interest in following up with the builder to see if we could put the City Center behind the current City Hall and use the existing City Hall as a court building. Another citizen suggested that we look into leasing office space nearby including the Berkeley Commons vacant building. There was discussion about whether or not to keep the existing City Hall building. There used to be a good amount of sentiment expressed in keeping the City Hall building when we first began to explore this idea. We now see that there may be less of that same sentiment. The committee members suggested that we ask the citizens how strongly they feel about keeping the building as opposed to sacrificing trees to keep a tarpaper shack that has been glorified over the years with a few coats of paint. We will now begin to follow up on all these suggestions. Mr. Steventon stated that during the City Center meeting, he became aware that the perceived notion that there have been financial problems and concerns relating to the Chapel were wrong perceptions. The Chapel Board president stated very clearly that if the City did not rent the Chapel, that after renovation, they could make up that loss of money in a few weddings. Mr. Massaroni also stated that there are plans to have a forum on the website in order to obtain citizen input. The next step for the committee is to talk to Mike Penny and follow up on some of the suggestions made by the citizens. One of the most important things to follow up on is the County sewer system and when it will be coming down South Berkeley Road in order to hook up the new Center as it is being built.

Kudzu Issues – Mayor Salter reported to Council the results of the investigations as to how to best get rid of the kudzu in the greenspace. Greg Harris who is responsible for a lot of the City’s roadside maintenance has presented a detailed proposal, which would involve going into the greenspace after the kudzu is dormant and remove as much of the kudzu as possible. This would involve going into the greenspace with front-end loaders and hauling it away in dump trucks. Then seed the exposed areas with winter rye grass to help prevent erosion. At the first sign of emergence the next spring, he will then begin a campaign of spraying herbicides. These applications would continue for several years. The price is variable but would cost as much as 10 thousand dollars and up. There was much discussion. Council decided to authorize Greg to investigate the problem after the kudzu dies back this winter. This will allow him to better assess the problem. We need to find out from Greg what it will cost for him to investigate the problem further so that he can tell us the scope of the work. The City will also determine the areas of the kudzu that are actually owned by the City.

Council member Reynolds asked the City Attorney about the annexation of the Ferrier property. Mr. Carothers reported that he will have a Resolution prepared for the next meeting and it can be finalized by the following meeting.

NEW BUSINESS

Relay for Life

The Mayor asked Council Member Steventon to investigate who might be interested in heading up the Relay for Life project next year and report back to Council his findings.

Fall Earth Day

Earth Day has been set for Saturday November the 16th from 8:00 AM to Noon. This is an opportunity for citizens to get rid of yard debris and other large waste items, which would not normally be hauled by the waste carrier. Council Member Steventon stated that he has located a place that will accept old batteries. Mr. Steventon will be asking for volunteers to help with this project.

Communications Issues

The website has been changed from Mayor’s announcements to City Government announcements. The Council has changed the Reflections article from The Mayor’s Message to City Government Page. Council Member Massaroni has written the article for the upcoming Reflections. Council Member Massaroni stated that the Government Page should be written by any government official or Council Member who wishes to write the article about a particular subject of interest. “For example, in the spring the OEO might want to write an article reminding citizens about the Tree Ordinance.” Council Member Reynolds stated that she had written an article for Reflections, which includes asking citizens to sign up for the City’s e-mail list on the City website. She stated that if Council approves the article she would like to include other issues decided at this meeting such as the proper use of the Calling Post etc. There was much discussion about what constitutes an emergency and when the Mayor should use “Calling Post.” There was also much discussion about the proper use of e-mail by the City Council. Council Members Steventon and Massaroni spoke out against the use of e-mail between Council Members when making any decisions for the City.

Council Member Massaroni motioned to approve the changes to the website as well as the City section of the Reflections newsletter to reflect that these communications represent the City. Council Member Lombardi seconded the motion and approval was unanimous.

Council Member Steventon motioned to limit the “Calling Post” calls to emergencies, which would be defined as a clear and present danger either natural or man made and which would require immediate action. Council Member Reynolds seconded the motion and approval was unanimous.

Revision of Insurance License Fee Ordinance First Read

Council Member Reynolds motioned to place the Insurance Revision License Fee Ordinance on First Read. Council Member Lombardi seconded the motion and approval was unanimous.

City/County Inspection Agreement, First Read

Attorney Carothers explained the circumstances leading to the presentation of the County Inspection Agreement at this time. He explained that Council would need to approve by Resolution to authorize the Mayor to enter into this Agreement. Council Member Steventon stated that the terms of this agreement are not well defined. There was much discussion about the County definitions of codes and where they are listed. Council decided to table discussion until next month. Mr. Carothers stated that he would review the details of the contract in hopes that next month the Council can simply issue a Resolution.

Building Permit Revision –Steventon

Council Member Steventon tabled this discussion until next Council meeting.

Expense Reimbursement Policy – Lombardi

Council Member Lombardi stated that he would make the suggested changes to the documents for approval at the next Council meeting.

City Hall Computer and DSL – Reynolds

Council Member Reynolds suggested replacing the computer at City Hall. Council Member Lombardi suggested ordering DSL for City Hall. Marcie Zielazienski presented her findings on the proposed computer. There was much discussion.

Council Member Massaroni motioned to authorize the expenditure for a computer not to exceed three thousand dollars. There was no second to the motion.

Council decided to put the DSL line in place at this time and explore a lower cost approach for the purchase of the computer.

Arakawa Replacement

Council Member Reynolds stated that she would like to use part of the City Page in Reflections to put out an announcement to the entire City for anyone who may be interested in filling the term for Tony Arakawa. Council Member Lombardi suggested that the article should include the qualifications for the Office. It was decided that Lombardi would write the article for Reflections.

Council Member Reynolds motioned to appoint Council Member Massaroni as Mayor Pro Tem. Council Member Steventon seconded the motion and approval was unanimous.

Staggered Terms for P&Z Members – Massaroni

Council Member Massaroni stated that there seems to be confusion whether the terms for the P&Z are three-year or five-year terms. Commissioner George Sipe presented the existing Code 3-307, which now provides for three year staggered terms. He stated that the wording is confusing and requires more research. The P&Z has worked in five-year terms for the last 32 years. He further suggested that the City bring 3-702 in compliance with what has always been accepted. The text for Mr. Sipe’s presentation is attached to these Minutes. Council Member Massaroni asked the City Clerk to research the past minutes in order to determine when the changes were made.

Other

Shoulders vs. Boulders – There was discussion about the fact that the boulders placed along the sides of the road to prevent cars from going off the road around some sharp curves and along the Miramont entrance. The boulders are proving to be a danger to citizens who might run into to them. The Mayor stated that she has authorized Greg Harris to place reflectors along the areas where the boulders have been for the past few months.

CITIZEN COMMENTS

Citizens’ Comments: the following citizens made Citizens comments:

Skip Johnson 420 Lakeshore Drive – Skip stated that he has done research on what it would cost if the City decided to rent City Hall space. The Enterprise Car Rental space at 1400 square feet with a side delivery type door rents for $1200 a month. This space is just as convenient as where we are operating now.

Brian Strasburg 169 Lakeshore Drive – Brian asked about the West Nile Virus and what the City is doing to be more proactive with the problem. He also asked if the City would have a deficit or a surplus in the budget for next year. He also asked how much is spent per month for the City paid police.

Tom Kitchens 150 Bayway Circle - Tom asked the City Attorney about the status of the Billboard legal action with the County. The City Attorney stated that this process is unfortunately very slow. Tom also asked about the Kirschner court date and if this will mean an Injunction will be filed. Attorney Carothers stated that the case should be resolved very quickly. Citizens need to remember that any court proceedings with the Superior Court or Municipal Court are subject to appeal and may go on for a long time.

George Sipe asked if the Executive Session, which is normally closed to the public, was a legally defensible arena for a hearing for the opponents of the City to negotiate their case. City Attorney Carothers answered in the affirmative.

THERE BEING NO FURTHER NEW BUSINESS, COUNCIL MEMBER MASSARONI MOTIONED TO ADJOURN INTO EXECUTIVE SESSION IN ORDER TO DISCUSS LEGAL ISSUES. COUNCIL MEMBER LOMBARDI SECONDED THE MOTION. THE COUNCIL MEETING WAS ADJOURNED AT 9:20 PM.

After the Executive Session, there were no citizens present.

Council Member Reynolds motioned to authorize the City Attorney to continue to prosecute the criminal citations against Steven Kirschner and to institute a civil complaint for injunctive relief as soon as possible. Council Member Lombardi seconded the motion and the vote was unanimous.

THERE BEING NO FURTHER BUSINESS, COUNCIL MEMBER MASSARONI MOTIONED TO ADJOURN. COUNCIL MEMBER STEVENTON SECONDED THE MOTION AND APPROVAL WAS UNANIMOUS.