CITY OF BERKELEY LAKE
4040 BERKELEY LAKE ROAD
BERKELEY LAKE, GA 30096-3016
PUBLIC HEARING/COUNCIL MEETING
FULL MINUTES – September 14, 2000
Those in attendance for the Public Hearing and Council Meeting were as follows:
Mayor – Lois SalterCouncil Members:Liz Branstead
City Attorney – Richard CarothersDelicia Reynolds
Claire GrimesPhil Cuttino
Marcie ZielazienskiKen Massaroni
Officer Dunlap
Charlie Sewell
Tom Kitchens
Citizens Present:10
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 citizen comments regarding Ordinance Chapters 3, 12, and 22.
CITIZENS COMMENTS
B. J. Barrett (13 Lakeshore) Inquired about the issue of an extended stay facility. Mayor Salter responded that she and two other members and some interested citizens had attended a meeting with Brian Flint, a realtor, about a proposal for developing property on the other side of Peachtree Industrial Boulevard. Mayor Salter has contacted the persons giving the proposal and said there was definitely no interest in such a development that includes extended stay hotels.
APPROVAL OF MINUTES
Mayor Salter offered one amendment to the minutes. On page three under Character City, in the last line, change 'charter' to 'character.' Councilmember Reynolds offered one amendment to the Approval of the Minutes. In the sentence concerning phase three, delete 'all the way to Bush Road' and replace it with 'along Bush Road in the city limits.' Councilmember Massaroni moved to approve the minutes as corrected and Councilmember Cuttino seconded. The minutes were approved as amended.
APPROVAL OF FINANCIAL REPORT
After a small discussion, Councilmember Massaroni moved to approve the financial report. Councilmember Cuttino seconded. Approval was unanimous.
STAFF AND COMMITTEE REPORTS
Mayor Salter stated she has received the following reports: Conservation Committee; BLEMA; the Arbitration Board; the Financial Affairs Committee; Communication Committee; Storm Water Management and Watershed; Interagency Affairs; and a report from Officer Dunlap. Tom Kitchens reported on the progress of the dam repair. Councilmember Massaroni moved to approve an amount not to exceed $35,000 for dam repairs pursuant to previous estimates of work that needs to be done, and that Mr. Kitchens would need to have the Mayors approval if a bid was accepted before the next council meeting. Councilmember Reynolds seconded. Approval was unanimous.
MEETING REPORTS
Mayor Salter reported she had attended a meeting with Brooks Coleman, a state legislator, about obtaining his assistance on getting property donated to the City. She also visited with the CEO of Ryerson-Tull to ask if they would donate the long strip of property on the Berkeley Lake side of Peachtree Industrial Boulevard to the City. He will need to get the approval of higher officers in Chicago. They should know something in two weeks. A second alternative would be to place it in the Berkeley Lake Conservancy that is being created. She has met with homeowners association presidents, Postmaster of the City of Duluth, with Councilmembers Branstead and Massaroni concerning ordinances for commercial development. She met again with Tommy Cape about the Mill Creek Property. She went to a meeting of Gwinnett Municipal Association and talked with Wayne Hill concerning sidewalks, property acquisition and drainage issues. She will be meeting with River Mansions HOA soon.
ANNOUNCEMENTS
Bo Renfroe is preparing a bid for the sink hole that opened up on the Hammond property. He is hoping to bring the bid in for under $5,000. Lois' Laurels award went to Chris Holben for all his assistance in working on sign and watershed issues.
OLD BUSINESS
Weiland Bond – Carothers
Mr. Flaherty and Attorney Carothers are working on a final demand letter or lawsuit.
Grants - Cuttino
Councilmember Cuttino reported that the grants are still being held up. Gwinnett County told him they will be available after their elections are over. Councilmember Massaroni reported that the USDA Urban Resources Partnership Program has rejected Berkeley Lakes' request for a grant of $200,000 for the Mill Creek Park restoration project. Claire will follow up with a call to see if there was a reason given why Berkeley Lake was not a recipient and who the grant was awarded to.
Trees - Branstead
The Georgia Urban Forestry Council Grant has been received and an urban forester has been hired to assess the care and quality of trees in the two public parks, along all right-of-ways and throughout the City. Councilmember Branstead reported on a NeighborWoods Grant. Gwinnett Clean and Beautiful wants to pilot this program which will put hardwood canopy trees every 50 feet along the right-of-ways. She also reported on the Berkeley Lake Birders Group that is getting started. The Audubon Society will give a presentation on backyard birding on October 4.
Greenspace Trust
Attorney Carothers distributed a draft of Articles of Incorporation for a Berkeley Lake Conservancy. The Berkeley Lake Conservancy, Inc. is an open land trust and is modeled after a number of land trusts e.g., the Georgia Trust for Public Lands, The Gwinnett Open Land Trust and others. He stated that the Mayor and Council really only has one function and that is to come up with five founding members. Then the Mayor and Council will have no control in perpetuity over the conservancy. It is separate and apart from the City. In fact, if it is tied to the City in any way it would lose its charitable status. He answered several questions explaining some of the details of a conservancy. He then asked that council members review the draft carefully and give him their comments.
Roadside maintenance, drainage problems, curbing, etc. – Mayor Salter reported
The curbing at intersection of Ridge Road and North Berkeley Lake has been poured and is curing. When it is through curing, then the dirt can be filled in behind it and that will complete the curbing. Mayor Salter spoke concerning the broken pipe on Mr. Rockers' property that has not been repaired. Part of the problem is the legal process of advertising for bids for the work. She asked that full attention be given to that issue so it can be repaired as quickly as possible.
Ordinance Chapter 3, 2nd read - Massaroni
Councilmember Massaroni distributed the latest version of Ordinance Chapter 3, with an attachment showing the changes that have been made. There was discussion concerning changing the term of office from two years to four years. Councilmember Massaroni noted that the term of office is set forth in the City Charter so it cannot be handled by an ordinance. It would have to be introduced as legislation at the State House next year. Mayor Salter will put this issue on the agenda for next month's meeting. After some questions and discussion, it was decided to table this Ordinance for another month to give council members time to review the changes.
Ordinance Chapter 12 – 2nd read, Waste management specifications - Carothers
There are two documents regarding this Ordinance, one is a framework for the franchise proposal and one is a rewrite of the Ordinance. Councilmember Massaroni posed a question regarding if it is approved, when does it take effect. There needs to be time to phase in all different contracts and dates. Councilmember Massaroni moved to table the ordinance until next month. Councilmember Reynolds seconded. Approval was unanimous. There will be a work session before the next council meeting to address details that need to be clarified.
Welcome Packet - Grimes
Claire Grimes passed out an outline of the welcome packet they have been working on to be given to new residents. She requested that the citizens present, as well as the council, review the outline and let her or Marcie know any comments or suggestions of things that should be included that would help new residents moving into the City.
Post Office
Mayor Salter reported she met with Mike Welsh, the postmaster of Duluth. After a lengthy meeting the outcome was that it is okay to continue to use Berkeley Lake as the city address. He also noted that the post office wants each person's mailbox to be on the same side of the street as the residence. A notification letter from the post office has been sent out to the homeowners whose mailboxes are on the wrong side of the street.
Ordinance revision, Chapter 22, 1st read – Massaroni, Branstead
Councilmember Massaroni moved that the ordinance be tabled until next month. Councilmember Branstead seconded. Approval was unanimous.
Littering
Mayor Salter announced that the City now has 8 No Littering signs. The County will install the signs at no cost. A stronger enforcement of the fines for littering is being implemented.
Billboard
Crown Media is suing the County for their decision regarding the billboard. The case has been put on the calendar for November 2nd or 3rd. It will be a bench proceeding, meaning there is no jury. Mayor Salter is asking for volunteers to attend this proceeding to show public interest.
NEW BUSINESS
Library Resolution
Mayor Salter asked the council to consider a resolution for the library to display. Councilmember Branstead moved to adopt the resolution. Councilmember Cuttino seconded. Approval was unanimous.
Fines Comparison – Cuttino
Councilmember Cuttino reported that according to GMA, the fines for littering are different in each city, but none are over $1,000. Attorney Carothers stated that the City's maximum amount for a fine is $500.
Fire protection – Cuttino, Branstead
Mayor Salter questioned the size of the water pipes with regard to fire safety. Many of the pipes are four inch when they should be six inch pipes. Also the hydrants are spaced far apart. Mr. Kitchens and Councilmember Branstead will look into having the fire department come to the City and run tests on the hydrants.
Office equipment – Zielazienski
Marcie Zielazienski made a request for a new copy machine and fireproof fire cabinets. Councilmember Branstead moved to approve up to $3500 for additional office equipment. Councilmember Reynolds seconded. The motion passed unanimously. Councilmember Branstead moved to approve payment of $3,750 to Mr. Richard Stevenson for the right-of-way cleanup and maintenance he has completed for the City. Councilmember Cuttino seconded. Approval was unanimous.
City/County Relationship – Cuttino
Mayor Salter asked Councilmember Cuttino to assist her in approaching the County for more funds.
Special assessment tax district – Reynolds
Mayor Salter proposed the idea of a special assessment tax district so that when areas of the city need expensive expenditures (i.e. the addition of sewers throughout the city which is currently being considered), all the city doesn't get taxed for them, only the areas of need. She asked council members to think about it and talk to citizens about it. It will be on the agenda for the next council meeting.
Citizens Comments
John Rockers (3435 Kingsland Road) inquired as to the amount voted on to repair pipe damages near his property. The amount approved is not to exceed $15,000.
THERE BEING NO FURTHER NEW BUSINESS, COUNCILMEMBER BRANSTEAD MOVED TO GO INTO EXECUTIVE SESSION FOR LAND ACQUISITION, LITIGATION, AND PERSONNEL ISSUES. COUNCILMEMBER MASSARONI SECONDED. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 9:25 P.M.
After executive session no citizens were present.
THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER MASSARONI MOVED AND COUNCILMEMBER BRANSTEAD SECONDED TO ADJOURN THE MEETING AT 10:28 PM.
Respectfully submitted,
Patricia A. Gilbert, PLS
City Clerk Assistant
