CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GA 30096-3016

PUBLIC HEARING/COUNCIL MEETING

FULL MINUTES – October 12, 2000

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 Massaroni

Delicia Reynolds

City Attorney – Richard Carothers

Claire Grimes

Marcie Zielazienski

Tom Kitchens

Bob Flaherty

Citizens Present:19

CALL TO ORDER

There was a Council work session from 6:30 to 7:44 p.m. Mayor Salter called the public hearing to order at 7:45 p.m. regarding Ordinance Chapters 3, 12, and 22.

CITIZENS COMMENTS

Bob Tesh (104 Little Ridge Road) asked for a brief explanation of what each of the three ordinances covers. Mayor Salter gave a condensed recap of what each Chapter covered and gave him copies to review.

Jane Hardwick (770 Lakeview Lane) had concerns about Ordinance 12, item 18/19 that defines waste materials; #26 makes reference to multi family dwellings, there are no multi-family houses in Berkeley Lake; #12.103 item #2 she is concerned about the lack of support that the city police get when they are trying to cite someone for a violation; sometime the citations are quickly dismissed She wants OEO to be supported. She also had concerns regarding #12.104 placement of cans and would like collection changed so that every person who owns property, whether there is a home on it or not should have garbage collection service. She requested the Ordinance include O&I. She would like the no soliciting in the city ordinance to be enforced.

APPROVAL OF MINUTES

Mayor Salter offered one amendment to the minutes. On page one under Staff and Committee reports delete "No report has been received from the Ordinance Committee or the Public Works and Safety Committee." That report was received. Councilmember Branstead offered one amendment to the minutes. Under Announcements change the end of the last sentence to read "…his assistance in working on sign and watershed issues." Councilmember Reynolds offered two amendments to the minutes. Under Citizens Comments at the end of the last sentence add "that includes extended stay hotels." Also on page four under Citizens Comments, change the end of the first sentence to read "…repair pipe damages near his property." Councilmember Massaroni moved to approve the minutes as corrected and Councilmember Branstead seconded. The minutes were approved as amended.

APPROVAL OF FINANCIAL REPORT

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

STAFF AND COMMITTEE REPORTS

Mayor Salter announced she has received reports from: Finance Committee; Communications Committee; Watershed and Stormwater Management Committee; BLEMA; Officer Dunlap; Public Works and Safety Committee; Conservation Committee; and the Code Revision Committee. She has not received a report from the Interagency Affairs and Community Liaison Committee. Mr. Kitchens reported they have two verbal commitments for written proposals on the dam repairs. They should be able to make a decision before long. He also reported on meeting with the fire marshal’s office for an update on what the city should have in terms of the old lake community versus the new subdivisions. Mr. Flaherty reported that Fire Station #19 is testing the water pipes for flow pressure volume.

MEETING REPORTS

Mayor Salter reported she has met with the River Mansions Homeowners Association; the Watershed Committee; the Berkeley Birders; she attended a SPLOST meeting; and she had an informal discussion with a group concerned about septic systems in the City. Upcoming meetings are the Roy Barnes luncheon and the Georgia Urban Forestry Council Conference in Savannah.

ANNOUNCEMENTS

Mayor Salter introduced Ellis Lamme and Don McFarland from McFarland Dyer & Associates, Inc. (to evaluate draining problems in the City). Mayor Salter announced that they have been successful in getting a promise of assistance from the County for sidewalks; the billboard case is still on the calendar for November 2 or 3; the littering signs are up; a new copy machine has been purchased, and the office hours have been extended to include 1 to 6 p.m. on Wednesday. Stu Davidson was the recipient of Lois’ Laurels.

OLD BUSINESS

Weiland Bond – Carothers

Attorney Carothers reported a final demand letter has been sent to the bonding company for the total amount of the bond.

Grants - Cuttino

Councilmember Cuttino reported that the grants will not be available until after elections are over. Councilmember Massaroni reported that he is attempting to reach the Urban Resources Partnership Program to ask about the rejection of the grant and they have not returned his phone calls. He reported that they have submitted another grant proposal for the Georgia Greenspace Program.

Resolution for greenspace grant - Massaroni

Councilmember Massaroni moved that the council adopt, with the City Attorney’s approval, a resolution to submit the application to enter the Georgia Greenspace Program. Councilmember Branstead seconded. Approval was unanimous.

Berkeley Lake Conservancy - Carothers

Attorney Carothers asked for comments on the Conservancy proposal. After questions concerning selling or trading property, public reporting or audit, and whether founding members will be only from the city or some individuals from outside the city, it was decided that Attorney Carothers will redraft the proposal to address Council’s comments.

Roadside maintenance, Trugreen, etc. - Flaherty & Arakawa

Mr. Flaherty spoke concerning the outstanding invoice from Trugreen. He will follow-up by calling the new area manager.

Drainage problems - Flaherty & Reynolds

Mayor Salter would like for the drainage problems be resolved by the end of the year and suggested the city be pro-active in issues about final plans, inspections and performance/maintenance bonds.

City/county relationship - Cuttino, Arakawa

Mayor Salter stated there are concerns regarding the tax dollars that go out of the community in the form of county taxes, to come back in some sort of fair distribution to pay for the needs of the city, for example the drainage problems. Currently the amount that comes back to the City is in the neighborhood of $2,500 a year to deal with some of the issues. The problems within the city are many times over that figure.

Ordinance Chapter 3, vote on final passage - Massaroni

Councilmember Massaroni circulated a clean copy of the Ordinance that included all the changes that had been previously given to him. There were still several more minor changes offered. Councilmember Massaroni moved to approve the Ordinance with the amendments. Councilmember Reynolds seconded. Approval was unanimous.

Ordinance Chapter 12 and waste mgt. specifications, vote on final passage - Arakawa

Councilmember Arakawa moved to accept the contract document (specifications) with the suggested change. Councilmember Massaroni seconded. Approval was unanimous. Councilmember Arakawa moved to approve Ordinance Chapter 12 with the suggested changes. Councilmember Branstead seconded. Approval was unanimous.

Ordinance Chapter 22, vote on final passage – Massaroni/Branstead

After extensive discussion on various issues that need to be addressed, this Ordinance was tabled until next month.

Special assessment tax district – Reynolds

Nothing to report.

NEW BUSINESS

Mayor’s Budget Message - Salter

Mayor Salter gave an overview of what the Council is looking to do in the year 2001. They want to provide more services without increasing taxes. She detailed several amounts for expenditures and other items and stated that the final budget will be posted on the web hopefully within 24 hours. A copy will also be at City Hall. Councilmember Reynolds moved to accept the Year 2001 Budget on 1^st read. Councilmember Arakawa seconded. Approval was unanimous.

Possible changes to city charter - Massaroni

There was discussion regarding length of terms, staggered terms and other issues to maintain an effective Council. Councilmember Massaroni moved to prepare a proposal for the Council to consider for amending the City Charter to allow for four year terms for city mayor and city councilmembers. Councilmember Arakawa seconded. Approval was unanimous. There will be a public hearing at the next council meeting. Please e-mail your comments to Mr. Massaroni.

Traffic problems, current – Arakawa

Councilmember Arakawa reported that there have been two multi-way stop signs put in. These are two more deterrents to through traffic. He has addressed the Duluth City Council to change North Berkeley Lake Parkway to Crossroads Parkway. On the issue of speed tables, there needs to be a petition that reflects 70 percent in favor of placing them.

Septic tank maintenance – Reynolds

Attorney Carothers is looking into the issue of septic tank maintenance.

Trees in ROW

Councilmember Branstead moved to approve an expenditure up to $1500 to remove trees that are in the right-of-way. Councilmember Cuttino seconded. Approval was unanimous.

Other

Councilmember Massaroni moved to put a draft of Chapter 4 on first read. Since there are several issues that are to be reviewed, he withdrew the motion and asked all councilmembers and the mayor to send him their comments and he will prepare it for next month.

CITIZENS COMMENTS

Jeff Paul (881 Lakeshore) asked if there is any chance to install a left turn signal at North Berkeley Lake Road. Councilmember Arakawa responded the request has being posed to the County.

Bob Tesh (104 Little Ridge Road) had questions concerning the use permit. There was extensive discussion that the recorder was unable to pick up because a microphone was not used.

THERE BEING NO FURTHER NEW BUSINESS, COUNCILMEMBER BRANSTEAD MOVED TO GO INTO EXECUTIVE SESSION FOR LAND ACQUISITION AND PERSONNEL ISSUES. COUNCILMEMBER MASSARONI SECONDED. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 10:45 P.M.

After executive session no citizens were present.

A motion was duly made and seconded to create the position of City Manager. After discussion, the motion passed unanimously. Mayor Salter appointed Marcie Zielazienski as acting City Manager and the Council unanimously approved the appointment.

THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER MASSARONI MOVED AND COUNCILMEMBER CUTTINO SECONDED TO ADJOURN THE MEETING AT 11:15 PM.

Respectfully submitted,

Patricia A. Gilbert, PLS

City Clerk Assistant