CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GA 30096-3016

PUBLIC HEARING/COUNCIL MEETING

FULL MINUTES – November 9, 2000

WORKING SESSION began at 6:34 PM with Salter, Branstead, Massaroni, and Reynolds in attendance. Issues related to the new waste management bids and the Berkeley Lake Conservancy were discussed.

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

Mayor - Lois Salter

Council Members:

Tony Arakawa

Liz Branstead

Phil Cuttino

Ken Massaron

Delicia Reynolds

City Attorney - Richard Carothers

Ray Dunlap

Claire Grimes

Marcie Zielazienski

Tom Kitchens

Citizens Present: 9

CALL TO ORDER

Mayor Salter called the public hearing to order at 7:10 p.m. at 4043 South Berkeley Lake Road. There were no citizens comments regarding the budget.

CITIZENS COMMENTS

B.J. Barrett (13 Lakeshore Drive) asked for comments concerning burglaries near Berkeley Lake and being in the center of a gang turf war. Mayor Salter said she was prepared to speak to this issue. The four burglaries were just outside the city limits of Berkeley Lake. In all of the burglaries, access to the home was through the garage. Mayor Salter has contacted all of the city officials and the homeowners associations to let them know to be on the lookout and caution their neighbors to be aware of the situation. Officer Dunlap reported that the police are aware of the gang situation in the greater Atlanta region and a task force has been formed to give special attention to the issue. Mayor Salter is having a meeting at city hall at 9:15 Saturday morning and hopes to talk to the homeowner association presidents about developing a neighborhood watch.

Jane Hardwick (770 Lakeview Lane) asked about issues previously addressed concerning traffic problems, installing speed bumps, and getting storm drains across the roads. She commented about persons speeding and not stopping at stop signs. Councilmember Arakawa responded that research has been made concerning these issues. Hopefully additional resources will be coming on board the first of the year.

APPROVAL OF MINUTES

Councilmember Reynolds offered one correction to the minutes, change the footer line from September 14 to October 12. Councilmember Branstead moved to approve the minutes as corrected and Councilmember Massaroni seconded. The minutes were approved as amended.

APPROVAL OF FINANCIAL REPORT

Councilmember Massaroni moved to approve the financial report. Councilmember Branstead seconded. Approval was unanimous.

STAFF AND COMMITTEE REPORTS

Mayor Salter announced she had received the following reports: Conservation Committee, BLEMA, Arbitration Board, Public Works and Safety Committee, report from Officer Dunlap, and a report of no report from the Communications, Financial Affairs, and Watershed Committees. She did not receive a report from Interagency Affairs & Community Liaison Committee. Councilmember Reynolds announced she has made a change to the forum on the website. Mayor Salter asked that as soon as reports are finished to send them to Councilmember Reynolds so she can get them on the website so citizens can access them. Also there is a new item on the website called 'Mayor's Announcements" that will include her latest three announcements to the community.

MEETING REPORTS

Mayor Salter reported she had attended a meeting at City Hall on October 16 with David Chastant, from the County Stormwater Management and Public Utilities departments. Mayor Salter discussed the extremely minimal amount of money received from the county and how much it differs from the amount the City has to spend on repairing damages from stormwater and other sources. Another meeting is scheduled to continue this issue. Mayor Salter reported that she and several others attended the Governor's lunch where he spoke about greenspace. She will be meeting with the HOA presidents. She will also be going to the Gwinnett Municipal Association meeting.

ANNOUNCEMENTS

Vasta Lucas was the recipient of Lois' Laurels. Mayor Salter gave praise to Vasta Lucas for all she does in and for the community. Mayor Salter announced that the West Nile Virus is now in the Carolinas and is carried by mosquitoes. She asked everyone to watch their property for shallow standing water that can be a breeding place for mosquitoes. Also she asked that if anyone finds a dead crow or blue jay that hasn't been hit by a car or cat to report it to her so it can be sent off for testing. The county may be considering some kind of mosquito eradication in the spring. The billboard case is being continued. She had asked if they could at least turn off the lights and the answer was no. Mayor Salter has written letters to Brooks Coleman and Tom Price asking for funds for the City. She has also talked to Ryerson-Tull about donating property to the City. Their response was that it is still being considered. Councilmember Arakawa reported that there is a non-curable disease affecting oak trees in California and it is moving toward the east. Mayor Salter has copied an article from the newspaper that the County is becoming interested in wetlands and are going to be primarily working along the ridge that separates the Atlantic watershed from the Gulf watershed. She pointed out that that runs along Peachtree Industrial Boulevard and that the City's wetlands may be getting more attention.

OLD BUSINESS

Weiland Bond – Carothers

Attorney Carothers reported that notice has been served on the bonding company. A meeting is being scheduled.

Grants - Cuttino

Councilmember Cuttino reported a $25,000 grant has been awarded to the City to build the pavilion. Councilmember Branstead spoke on the Governors Greenspace Program. She reported that Councilmember Massaroni's proposal was acknowledged for having written one of the best proposals from any small city and that it is being used as a model for other cities. The greenspace awards will not be decided until November 15. She said the chances are high that Berkeley Lake will receive funds, estimated to be $23,000.

Berkeley Lake Conservancy - Carothers

This will be continued next month.

Drainage problems - Flaherty & Reynolds

Councilmember Arakawa reported that there are some swales that have been redug. There are some areas on North Berkeley Lake and Ridge that have now been turfed and hydroseeded, there are a number of other areas around the city that have been tended to, and they are in the final throes of putting a contractor in place for the drainage problem in Berkeley Walk. Councilmember Massaroni questioned about some split rail fences along the Miramont side of Ridge Road. Councilmember Arakawa responded that they are temporary stabilizing fences to keep people from parking there.

Fire protection - Flaherty, Kitchens

Mr. Kitchens reported the county Public Works Dept. will do a seven-day 24-hour test to determine if the City's water pressure is high or low and if the pressure is adequate. The test will be concluded before the next council meeting.

City/county relationship - Cuttino, Arakawa

Councilmember Arakawa reported he had talked to Brian Allen at the governor's luncheon and expressed to him the importance of obtaining financial assistance for sidewalks and other safety issues for the City. Mr. Allen said that Berkeley Lake was at the top of the list. Councilmember Branstead noted that the projects for the SPLOST money have not been determined yet. Councilmember Arakawa will continue to follow-up.

Waste Management – Arakawa

Mayor Salter stated that the City's goal is that the citizens will not have to pay more than they do now for garbage collection. Councilmember Arawaka moved to approve the contract with the change that he has the ability to negotiate fees with the approval of council. Councilmember Massaroni seconded. Approval was unanimous.

Ordinance Chapter 22, report on progress – Branstead

Councilmember Branstead reported that they are modeling the ordinance on the county's buffer landscape and tree ordinance. They have combined that with City-specific items. This should be ready by next month.

Year 2001 Budget, 2nd Read

Councilmember Cuttino moved to approve the expenditure of $50,000 to build the pavilion. This includes the $25,000 grant money from the county, so the net expenditure would be $25,000. Councilmember Branstead seconded. Approval was unanimous. Councilmember Reynolds moved to approve the budget as amended. Councilmember Branstead seconded. Approval was unanimous.

Changes to City Charter, 1st read – Massaroni

Councilmember Massaroni discussed changes to be made to the city charter. The changes include: a two-year term to a four-year term; add on how to fill unexpired term; the mayor can break a tie on filling the unexpired term, mayor's veto; no limit on terms for mayor; and, the mayor can break any tie. He will incorporate the changes for the next meeting. City Attorney will prepare the resolution to present for approval at the next council meeting.

NEW BUSINESS

Septic tank maintenance – Reynolds

Councilmember Reynolds asked if the City could have a septic tank ordinance. Attorney Carothers said that his research shows that septic tank matters are generally reserved for the County Board of Health. Mr. Kitchens reported on ordinances of other states. He will be receiving copies of more state ordinances this week and will meet with Councilmember Reynolds' committee for further review on this issue.

Contractor Licenses

Mayor Salter recommended that the city cease to collect contractor's license fees. Councilmember Reynolds moved to draft an ordinance to repeal the ordinance to charge contractor's fees. Councilmember Arakawa seconded. Considerable discussion followed. When the vote was taken, approval was unanimous.

Other

Councilmember Massaroni moved to put the State Water Buffer Variance Procedure on first read. Councilmember Arakawa seconded. Approval was unanimous. Councilmember Massaroni moved to put the Adoption of the Revisions to the Development Regulations of Gwinnett County on first read. Councilmember Branstead seconded. Approval was unanimous. Councilmember Massaroni moved to put the adoption of the Gwinnett County Flood Plain Management Ordinance on first read. Councilmember Branstead seconded. Approval was unanimous. Councilmember Massaroni moved to put the amendment to the zoning ordinance that defines the terms Hotel/Motel on first read. Councilmember Cuttino seconded. Approval was unanimous.

Councilmember Branstead requested that all the new ordinances have numbers so it will be clear where they are in the ordinances and can be referred to by number.

CITIZENS COMMENTS

Dave Meilander (736 Lakeshore Drive) regarding the contractor licenses, he asked if the City could require the prime contractor to be licensed and not the subcontractor so they could understand the unique ordinances of the City. After considerable discussion it was decided to stay with the decision not to require licenses.

Jeff Paul (888 Lakeshore Lane) requested that the amended Ordinances be available for citizens review before the next council meeting.

THERE BEING NO FURTHER NEW BUSINESS, COUNCILMEMBER ARAKAWA MOVED TO GO INTO EXECUTIVE SESSION FOR LAND ACQUISITION ISSUES. COUNCILMEMBER MASSARONI SECONDED. APPROVAL WAS UNANIMOUS. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 9:15 P.M.

After executive session no citizens were present.

THERE BEING NO FURTHER NEW BUSINESS, COUNCILMEMBER BRANSTEAD MOVED AND COUNCILMEMBER CUTTINO SECONDED TO ADJOURN THE MEETING AT 9:41 P.M. APPROVAL WAS UNANIMOUS.