CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GA 30096-3016

PUBLIC HEARING/COUNCIL MEETING

FULL MINUTES – December 14, 2000

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

Mayor – Lois Salter

Council Members:

Tony Arakawa

Liz Branstead

Ken Massaroni

Delicia Reynolds

City Attorney – Richard Carothers

Police – Officer Ray Dunlap

Director of Public Works – Bob Flaherty

BLEMA Chairman – Tom Kitchens

City Clerk – Marcie Zielazienski

Assistant City Clerk – Claire Grimes

Citizens Present: 12

CALL TO ORDER

Mayor Salter called the Public Hearing to order at 7:05 p.m. at 4043 South Berkeley Lake Road. The Mayor announced that the hearing was for the three Stormwater Management Ordinances, which were an adoption of the Gwinnett County Stormwater Ordinances. There were no citizens- comments regarding these ordinances.

Mayor Salter stated that the guest speaker that Council Member Tony Arakawa had expected to have in attendance was not able to come. The Mayor asked Tony and Officer Ray Dunlap to speak to us about the Neighborhood Watch Program. Tony explained that the gentleman, who is an expert on gang activity, would hopefully be available to speak with us next month and Officer Dunlap confirmed that he would be the most knowledgeable person to have as a guest speaker for next month.

Council Member Arakawa suggested that Officer Dunlap explain to the citizens present about the Neighborhood Watch Program. Officer Dunlap began by explaining that he thought the City of Berkeley Lake had a Neighborhood Watch at one time in the past and that he wasn't certain why it had failed. He explained that even without the program in place, citizens should simply be aware of the fact that they need to be conscious of what is going on around them and if they see something that they believe is suspicious activity, they should not hesitate to dial 911. A person in River Mansions asked Mayor Salter what to do about a parked van full of suspicious looking people who didn't live around there and had been there for several days watching her comings and goings. The Mayor asked Officer Dunlap if that situation would warrant a call to 911 and what would the police do in that case. Officer Dunlap said that all suspicious activity warrants a call to the police. The police would come out and ask for identification and find out why they were parked there and if they had no legitimate reason to be there they would ask them to move on. The main thing is that once suspicious characters realize that they are being seen they will not want to stay in the area. Mayor Salter stated that so far there have been no robberies within the City, therefore, the fact that the police patrol our City must be a deterrent.

CITIZENS COMMENTS

BJ Barrett (13 Lakeshore Drive) reported that her husband was walking on Lakeshore Dr and saw four young men dressed in baggy clothes with lots of chains and piercings and they didn't look as if they belonged in the neighborhood. She asked if that would be a reason to call 911. Officer Dunlap responded by stating if the young men were in an area where they seemed out of place, as far as he is concerned that would constitute suspicious activity.

Max Poliashenko (3246 Highgate Chase Court) asked about posting a No Solicitation sign at the beginning of every sub-division. Officer Dunlap responded by saying that first of all, solicitors must have a County identification and if a solicitor comes to your door you should always ask to see this identification.

Jane Hardwick (770 Lakeview Lane) stated that a group of people had come to her door, claiming that their employer had obtained a solicitation permit for the whole group. She then suggested that anyone who wants to solicit in the City of Berkeley Lake should obtain a permit from the City. Marcie Zielazienski stated that the City does not advertise permits for solicitation because the City does not want to encourage solicitation activity of any kind. If they showed up at City Hall for a permit, it would be granted.

Council Member Arakawa suggested that the Homeowner Association Presidents could be a source of defining the Neighborhood Watch Program. Mayor Saltor stated that she has already talked with Officer Dunlap about getting information for the Homeowner's Associations as soon as possible.

Mayor Salter apologized for all those citizens who had come to the hearing in order to hear the report from the gang expert. She asked for a list of names so that she can personally be in touch when she confirms his availability for the next Council meeting on January 11, 2001.

APPROVAL OF MINUTES

Council Member Liz Branstead moved to approve the minutes and Council Member Tony Arakawa seconded the motion. The minutes were unanimously approved.

FINANCIAL REPORT

Mayor Salter commended Council Member Delicia Reynolds for posting the Financial Report on the website and asked others to follow in her footsteps. The Mayor reminded everyone of the Agenda Forum which was designed to post reports and documents that will be considered at the Council meetings.

Council Member Liz Branstead moved to approve the financial report. Council Member Ken Massaroni seconded the motion. Approval was unanimous.

STAFF AND COMMITTEE REPORTS

Mayor Salter announced that she had received the following reports: Stormwater, Finance, Communications, Police, Public Works and Safety, Conservation and BLEMA. Mayor Salter once again reminded everyone to post the reports on the website early and in advance. Council Member Branstead asked Tom Kitchens about the additional 1100 weather radios mentioned in the BLEMA report and also about the weapons of mass destruction also mentioned in the report. Mr. Kitchens reported that the radios must go to public areas like City Hall or the Chapel. They cannot go into private homes. The weapons of mass destruction are like the gasses like the ones used on the train in Japan. These gasses can kill hundreds of thousands of people, and we are not protected at all within Gwinnett County. The focus next year for BLEMA is to learn how to deal with those kinds of situations. There will be training offered to BLEMA members and we will share that information with our citizens.

Tom gave a report on the progress of the dam, stating that he had spoken with the Safe Dam Operations contact who has been working with the City on getting the dam situation resolved. His recommendation was to monitor the dam for one year and not to do any repairs at this time. When he inspected the dam, he discovered no further evidence of Muskrats making homes and, in addition, he could tell that wave action was the cause of the holes being enlarged, but not nearly enough to warrant the type of solution that had previously been recommended. By definition, Core should have gone back to the Georgia Safe Dams Operation and shown them what they had proposed to us before they submitted that solution. He gave Tom information which will help monitor the situation and within a year, if it gets worse, will help find a solution.

MEETING REPORTS

Mayor Salter reported that there was a Homeowners' Association Presidents' meeting on November 11 and the minutes of that meeting have gone out to all City Council members and all HOA Presidents. Mayor Saltor stated that there was an important point that was made in that meeting that she wanted to report to Council. Two of the Homeowner Presidents (Berkeley Walk and Berkeley Commons) are strongly opposed to the Council committing any greenspace owned by the City to a Land Trust organization without a Referendum. Mayor Saltor also stated that she had received an e-mail message to the same extent from Sherry Ruys. They all feel very strongly about this issue. There were two Gwinnett Municipal Association Meetings: one on November 14 and the other was on December 12th. There was a Sewer Committee meeting on December 5th and there will be a meeting on December 19th with Brian Allen from the County DOT, which Council Member Arakawa has organized. The meeting will be at 1:30 p.m. at City Hall and will include discussion on sidewalks and turn arrows at North and South Berkeley Lake and PIB.

ANNOUNCEMENTS

Max Poliashenco was the recipient of Lois' Laurels. Mayor Salter praised Max for his tireless efforts as President of the Berkeley Commons Homeowners' Association. The Mayor continued her praise by stating that Max represents some of the best qualities of a good leader; honesty, dependable, tireless attention to detail, a sense of fairness and openness to everyone and being a bridge builder in the Mayor's efforts to reach all parts of the City.

Mayor Salter reported that in her continued efforts to obtain the property owned by Tull, President, Phil Duffy promised that he still thinks the transaction will happen, by mid to late January.

The Mayor announced that she has written letters to Patti Muise and Wayne Hill with a polite but firm complaint regarding the inadequate and unfair contribution by the County towards the purchase of greenspace. We were hoping to get more money from them to help purchase the Mill Creek property and maybe even the Ferrior property at a later time. A copy of the letter is at City Hall for everyone's review.

Mayor Salter also reported that citizens Stu and Linda Davidson's home has recently been featured in national magazines and television shows.

The Mayor urged all citizens to participate in the Entertainment Forum on the website by writing about a restaurant that we like or something in the neighborhood that you applaud and would like to share with your neighbors. The Parson's property that we thought was going to be developed by John Pearlman is back in the Parson's hands and probably will be sold to another developer.

OLD BUSINESS

Drainage/Fire Protection

Bob Flaherty reported that the City finally received permission to use the property to repair the pipe under the road in Berkeley Walk. The slope erosion suffered in George Kennedy's area has been fixed. We have other inlets to blow out with fire hoses and a few more small touch-up areas to complete. Bob stated that he is looking forward to an annual maintenance contract that he and Council Member Arakawa are working on.

Bob also reported that he has talked with Juan Armendariz who is a resident of Berkeley Lake and also the Chief Engineer with Atlanta Waterworks about the fire hydrants in our City. Juan is familiar with all the people involved and will talk to the people involved and report back in a few weeks.

Waste Management

Council Member Arakawa reported that he has been answering questions from several contractors but no bids have been received of yet. The deadline for bids is the end of December.

Ordinance Chapter 22

Liz Branstead moved to put Chapter 22, which is the City Buffer, Landscape and Tree Ordinance, on first read. The motion was seconded by Ken Massaroni and unanimously approved. Council Member Branstead reported that the conservation committee has been working on this ordinance for about six months. The committee has taken the County Tree Ordinance, combined it with the City Tree ordinance and added a series of new things. It is now divided into categories called Buffer, Landscape and Tree. It is about 17 pages long and contains five pages of tables. It has been sent out via e-mail to all Council Members. There are still some sections that need work, and Attorney Carothers will help to fine tune the details.

City Charter Amendments

Attorney Carothers listed the changes in the Charter as follows: two year to four year staggered terms (three members running at each election); a partial term will be filled at the next regularly scheduled election to fill out the balance an interrupted term; the Mayor's vote can break a tie; the Mayor can serve unlimited terms; An oral Resolution was passed directing Ken Massaroni and Attorney Carothers to prepare the appropriate legislation to submit to Senator Price and Representative Coleman and to the Legislative Council to move this forward into the General Assembly. Council Member Arakawa moved to accept the Resolution. The motion was seconded by Council Member Reynolds and all approved.

Berkeley Lake Conservancy

Mayor Salter reported the list of names of people who might be willing to serve on the Board. The list is as follows: Jack Reynolds, Pam Williamson, Candy Steventon, Jason Tamblyn, and Jeff Cashdan. Rodney Hammond, Chuck Swink, Susan Hanson, Chuck Wilkenson, Dave Meilander are also considering service on the Board. Requirements for Board Members are minimal, however the meetings will be quarterly and there may be a need for insurance to be purchased to protect the Board Members from any lawsuits. This would be at a cost of about $1000 a year for the entire Board and could be paid for via fundraising.

Stormwater Management Ordinances 2nd Read

Council Member Massaroni motioned for approval of the second read and acceptance of the three Stormwater Management Ordinances. The motion was seconded by Council Member Reynolds. The vote in favor of the motion was unanimous.

Weiland Bond

Attorney Carothers reported that he is still working on this, and it will probably be after the holidays before there will be a report.

Greenspace Award

Council Member Arakawa asked about the greenspace award. Council Member Branstead reported that the City won the award and should receive the $23,000 very soon. Mayor Salter read a portion of the letter she wrote to Patti Muise. The letter states our disappointment in not receiving more of the State of Georgia greenspace funds intended for Municipalities.

NEW BUSINESS

Septic Tank Maintenance

Council Member Reynolds reported that the septic tank research is ongoing and that there will be more to report next month. Mayor Salter reported that Tom Kitchens has researched other communities around the country to obtain their ordinances for septic systems in order to help us write our own. This issue is taking a lot of time and work and the process is proceeding. Council Member Arakawa asked if the Council would at some time in the future ask Attorney Carothers to draft an ordinance for septic systems. Mayor Saltor stated that the Septic Committee is still exploring other ordinances to give to Attorney Carothers as a guide.

Contractor Licenses

Council Member Branstead motioned to place the changes in the contractor licensing ordinance to eliminate the need for sub-contractors to buy a license within the City on first read. The motion was seconded by Ken Massaroni and all approved.

Property Tax Collection by County

Council Member Reynolds reported that the property taxes would be collected by Gwinnett County next year. It will cost the City a minor setup fee of $2000- a one time computer fee – and then $200 a year to collect our property taxes. Council Member Reynolds moved to authorize the Mayor to enter into this agreement with the County to collect property taxes for the City. The motion was seconded by Council Member Massaroni and, after discussion. the motion was unanimously approved.

Changes to Budget for 2000

Council Member Reynolds moved to put on first read some line item changes to the budget for the year 2000 as follows: Services - increase in General Government by $4000, Public Works by $25,000, Public Health by $2000, Recreation by $8000. Supplies – increase General Government $2000, decrease Public Works by $4000, decrease recreation $4000. Other – Grant revenue increase by $15,000, Capital Outlays decrease by $10,000, Contingency decrease by $8,000. Council Member Massaroni seconded the motion and all approved.

Other New Business

Nextel Tower – Council Member Massaroni reported that he had been contacted by Nextel Communications and that they are interested in placing a stealth digital tower in our City and in fact, at City Hall. There is potential for substantial revenue and they tell us that they can make the tower look like a flagpole or a tree or anything we would like. There was much discussion among the Council Members and it was decided to allow Nextel to visit the City to investigate possible locations for a tower such as they are proposing.

North Berkeley Lake Parkway – Council Member Arakawa discussed the progress with the City of Duluth to name the planned Berkeley Lake Parkway, Duluth Parkway. The County has deferred to the City of Duluth on this issue, and his intent is to canvas businesses between PIB and Buford Highway to be certain that there are no objections. Tony will be speaking on January 9th to the Duluth City Council to bring closure to this issue and hopefully,signify Duluth Parkway as the new name for that connector.

CITIZEN COMMENTS:

Laura Rockers – 3435 Kingsland Circle suggested that in the City's search for septic ordinances that the Lake of the Ozarks in Missouri is an area that she is familiar with and could get some contact names.

Marcie Zielazienski – 506 Lakeshore Drive asked that all those citizens who wish to have a comment become part of the public record, to please use the microphone. She explained that the purpose for the microphone is not only for the others to hear but also for the accuracy of the minutes.

Jane Hardwick – 770 Lakeview Lane asked Council Member Arakawa if the issue of making Berkeley Lake Road one-way from South to North still on the table? She suggested that to make Berkeley Lake Road one-way would automatically stop the traffic from the Parkway from coming into our City. Council Member Arakawa stated that this issue would be discussed at the December 19th meeting with Brian Allen. Mayor Salter stated that she has had many suggestions to end Berkeley Lake Road at the dam. That would end any cut-through or speeding problems. Council Member Massaroni stated that the school busses try to avoid going onto PIB, so if we cut Berkeley Lake Road, it will force the busses out on PIB. Marcie Zielazienski suggested making Bush Road a right-turn-only onto South Berkeley in the mornings and in the evenings make a right-turn-only onto Bush Road from North Berkeley. Attorney Carothers stated that historically the City was prepared to close Bush Rd or to close Berkeley Lake Road at the dam. The County attorney and the attorney for the City at that time were prepared to go to court and the City decided not to take that action. We must remember that from the County point-of-view Berkeley Lake Road is supposed to be moving traffic. If traffic can't come through Berkeley Lake there will be traffic jams elsewhere. He also reminded the citizens that stop signs are not supposed to be used to control speed. The County in consideration of the City of Berkeley Lake has put numerous stop signs along Berkeley Lake Road in order to slow traffic.

Dave Meilander – 736 Lakeshore Drive stated that he is familiar with certain traffic controls that are timed turns, meaning that certain times of the day you can't turn in certain directions. He stated that Ansley Park in Atlanta has this type of program.

Laura Rockers – 3435 Kingsland Circle asked why speed bumps or tables have not been considered in order to slow the traffic along North Berkeley Lake Road. Council Member Arakawa stated that Berkeley Lake Road is a county road and the speed limit is over the limit for speed bumps or tables. He also stated that this is the reason the City is asking the County for the money to build our City sidewalks. Mayor Saltor stated that the County has led us to believe that there would be sidewalks down Bush Road by now and there is no sign of them.

Stu Davidson - 296 Lakeshore Drive asked when the next date for the hearing with the County for the billboard will be. Attorney Carothers stated that he believes it would be sometime in early January, and he would let us know.

THERE BEING NO FURTHER NEW BUSINESS, COUNCIL MEMBER ARAKAWA MOVED TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LAND ACQUISITION ISSUES. THE MOTION WAS SECONDED BY COUNCIL MEMBER BRANSTEAD AND APPROVAL WAS UNANIMOUS. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 8:45 P.M.

After executive session no citizens were present.

THERE BEING NO FURTHER NEW BUSINESS, COUNCIL MEMBER BRANSTEAD MOVED AND COUNCIL MEMBER ARAKAWA SECONDED TO ADJOURN THE MEETING AT 9:20 P.M. APPROVAL WAS UNANIMOUS.