CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE GA 30096-3016

PUBLIC HEARING/COUNCIL MEETING

May 11, 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 Clerk/Treasurer – Marcie Zielazienski

City Attorney – Richard Carothers

Police Coordinator – Ray Dunlap

Claire Grimes

Citizens Present:20

CALL TO ORDER

Mayor Salter called the Public Hearing to order at 6:20 p.m. at 4043 South Berkeley Lake Road.

Mr. George Sipe, P&Z Chairman, gave an overview from the P&Z regarding the variance appeal on the Miramont playhouse. He explained that the structure had been built so that part of it was in the platted undisturbed buffer. A variance request has been granted. There is now an appeal by a citizen to overturn the granted variance.

Mr. Dan Miller spoke in support of the variance. He stated he had built the playset so that no trees would be disturbed and that he would plant a visual screen so that the purpose of the buffer would be upheld. He had taken his plan to the Miramont Architectural Review Committee for their review, not knowing he should also present it to the City.

Mr. Tom Kitchens spoke in opposition to the variance. He stated he thought it set a precedent. He asked the council to consider that it specifically violates the undisturbed buffer zone.

There were several citizens comments of personal opinion.

A motion was made by Councilmember Massaroni to grant the appeal and deny the variance. Councilmember Branstead seconded. Discussion followed. The vote was three for (Branstead, Cuttino and Reynolds) and two against (Arakawa and Massaroni). Motion carried.

Attorney Carothers then presented the technical amendments as to definition for Zoning Enforcement Officer and an Ordinance Enforcement Officer to be placed on second read.

Mayor Salter then asked for comments on the ordinance to amend Chapter 39, Section 1201 and an ordinance to amend chapter 39, Section 103 of the Code or Ordinances of Berkeley Lake. With none forthcoming, there was a brief meeting recess.

RECALL TO ORDER

After a five minute recess, Mayor Salter called the Council Meeting to order at 7:45 p.m.

Citizens present:14

APPROVAL OF MINUTES

Councilmember Reynolds moved for a correction for clarification on page 3 of the March 9 minutes. (See Attachment "A"). Councilmember Branstead seconded. Approval was unanimous. Councilmember Massaroni moved to approve the April 13, 2000 minutes. Councilmember Branstead seconded. Approval was unanimous.

APPROVAL OF FINANCIAL REPORT

Councilmember Massaroni moved to approve the financial report. Councilmember Branstead seconded. Councilmember Reynolds moved to amend the financial report with minor corrections to reclassify some minor expenses. Councilmember Massaroni seconded. Approval was unanimous. Councilmember Reynolds then moved for a Resolution that Mayor Salter can sign the safety deposit box Certificate of Authority. Councilmember Arakawa seconded. Approval was unanimous.

STAFF AND COMMITTEE REPORTS

Mayor Salter stated she had the following reports: OEO Report; Conservation Commission Report; Emergency Management Task Force Report; a report from Officer Dunlap; Inter-governmental Affairs Report; and a Public Works & Safety Report. Mayor Salter asked Mr. Kitchens to speak on the issue of the condition of the dam. He discussed where the holes are in the dam and the nature of repairs that possibly need to be made. He is meeting with Renfro Mining & Excavation to discuss recommendations for repairs and their cost.

There were no meeting reports.

ANNOUNCEMENTS AND APPOINTMENTS

Mayor Salter discussed a welcoming package for new Berkeley Lake homeowners, and informational letters to realtors in the area. Mayor Salter thanked Councilmember Arakawa for getting another multi-way stop sign at Howell Ferry and North Berkeley Lake Road; she thanked Councilmember Branstead for her efforts with the buffers' meeting; and thanks Gary and Sherry Moore and everyone involved in Earth Day. She asked Marcie to start checking on trucks from the County for next year's Earth Day. Mayor Salter then presented Gary Moore with a swan pendent to wear for the rest of the meeting for his efforts on Earth Day. Mayor Salter then discussed a letter she received from Gwinnett County Commissioner Wayne Hill regarding silt in waterways. She appointed a Storm Water Management and Watershed Protection Committee including Councilmember Reynolds as Chair, Tom Kitchens, Bob Flaherty, Chris Holben and Liz Branstead. Councilmember Branstead moved to approve the committee. Councilmember Massaroni seconded. Approval was unanimous. Mayor Salter then appointed Chet McQuaid to serve on the present Conservation Committee. Councilmember Arakawa moved to accept the appointment. Councilmember Massaroni seconded. Approval was unanimous.

OLD BUSINESS

Reimbursement by county for emergency expenses - Arakawa

Councilmember Arakawa stated Berkeley Lake was second next in line to be reimbursed by the County for emergency expenses. Marcie Zielazienski stated that Howards Hardware wanted to be paid for equipment purchased and being held in their warehouse. Councilmember Arakawa moved to pay the $1,846 expense pending. Councilmember Reynolds seconded and approval was unanimous.

Weiland maintenance bond - Flaherty

Mr. Flaherty is not in attendance. No one had any new information from him.

Litter control ordinance, 2nd read - Massaroni

Councilmember Massaroni moved to adopt the Litter Control Ordinance which was on second read. Councilmember Reynolds seconded. Approval was unanimous.

OEO Ordinance, 2nd read – Massaroni

Councilmember Massaroni moved to approve the amended Chapter 39, § 1201 to provide for Zoning Enforcement Officer. Councilmember Reynolds seconded. Approval was unanimous. Then Councilmember Massaroni moved to approve the amended Chapter 39, §103 to define Zoning Enforcement Officer. Councilmember Reynolds seconded. Approval was unanimous.

Repeal of parking pass, 2nd read - Massaroni

Councilmember Massaroni moved that § 11-104 of the City Code relating to parking passes be repealed. Councilmember Arakawa seconded. Approval was unanimous.

Sign ordinance postponement

Mayor Salter announced that consideration of the sign ordinance is being postponed. City Attorney Carothers noted that it is being tabled by the Planning Commission for further review. This will be on next month's agenda for second read. Councilmember Branstead then moved to extend the moratorium on signs to July 13, 2000. Councilmember Massaroni seconded. Approval was unanimous.

New city seal - Reynolds

Councilmember Reynolds presented samples of the logo and seal that was submitted by Britt Collins. The price would be $1,600 for both. Councilmember Reynolds moved to approve the logo and seal. Councilmember Cuttino seconded. There were no votes to approve the logo and seal. Mayor Salter polled those citizens present. There was a consensus to have a swan in the seal. Mayor Salter will call Mr. Collins with the consensus.

Grants - Cuttino

Councilmember Branstead discussed the details of the Urban & Community Forest Assessment Grant. Councilmember Arakawa moved to approve the expenditure to apply for the Grant. Councilmember Cuttino seconded. Approval was unanimous. The grant will be available in October.

Mediaone - Carothers

Councilmember Massaroni suggested the City ask for an internet over television service from Mediaone, the current cable franchisee. It was suggested that such a service could possibly be a condition to or in exchange for the franchise fee. Attorney Carothers stated there is a very minimal amount of negotiating room, and noted that if you don't negotiate in good faith they can follow a procedure set forth in the act which generally costs the city large amounts of money if they lose. Attorney Carothers said they could certainly ask them. He will contact Mediaone again for a response to his invitation to enter into negotiation for a city franchise for cable TV service.

NEW BUSINESS

New website - Reynolds

Councilmember Reynolds will email council instructions on the benefits and how to use the new website.

Greenspace trust

Councilmember Branstead moved to explore the best vehicle to get the greenspace listed as a conservation easement or put into a conservation trust. Councilmember Arakawa seconded. Approval was unanimous.

Proposed revision of ordinance chapter 39 – Massaroni

Councilmember Massaroni moved to place on first read an amendment to chapter 39 § 1202.1 regarding permit fees per the request of the P&Z. Councilmember Branstead seconded. Approval was unanimous. (See Attachment "B").

Roadside maintenance problems – Arakawa

Councilmember Arakawa reported on his actions with respect to the roadside maintenance issues, including storm drains, insufficient pipe sizes, grate issues, and the level of service of the current contractor. Stu Davidson is working with the present contractor regarding the service issue. He also has contacted another contractor to see what they would charge. Written notification in the form of a release letter will need to be given to the current contractor. Discussion of broken or clogged drainpipes followed. Mayor Salter asked for pictures to present to Mr. Wayne Hill when she meets with him. Mayor Salter discussed the issue of a tree that is ready to fall and the fact that it cannot be determined whether the tree is on City property or Mr. Loper's property. Discussion followed concerning ownership of the property and several ideas and offers for a solution. There will be further investigation on this issue so it can be resolved as soon as possible.

Public health issues – Reynolds

Councilmember Reynolds stated it was time to start the water testing for the swim season. There was discussion concerning whether persons who do not swim should bear the expense of water testing. Councilmember Reynolds moved that the recommended water testing be started. Councilmember Arakawa seconded. Approval was unanimous.

Other

Mayor Salter discussed the Community Development Block Grant. Councilmember Massaroni moved to authorize the Mayor to notify Gwinnett County that the City wishes to maintain its membership in the Gwinnett Urban County Home Program. Councilmember Cuttino seconded. Approval was unanimous.

Councilmember Massaroni stated he would e-mail a redline version of the redraft of City Code Chapter 3 for the Council's review.

Mayor Salter announced an HOA president's meeting on May 27 at 9:15 a.m. in City Hall.

Councilmember Arakawa suggested extending the hours for police coverage on Friday night and Saturday night

Councilmember Cuttino announced the cite for the pontoon boat at the Relay for Life on May 19-20. He announced there will be a pontoon boat ride at the July 4 festivities for those who do not live on the lake.

There was discussion to form a committee to help the Millers with the moving of the playset. Mikal Kitchens was named chairman.

Chuck McQuade made a statement regarding the very poor reception and poor quality of service from Mediaone. It was decided to use the website as a forum to discuss this issue.

Stu Davidson brought up the subject of factory noise and smell. Councilmember Massaroni is continuing to follow up on this issue.

Mayor Salter discussed the billboard on Peachtree Industrial Boulevard. That issue was supposed to be resolved by April 29. Crown Media has been given an extension of time. The Mayor wishes to rally the troops to attend the Board Meeting when this issue will be discussed. This will be posted on the website.

THERE BEING NO FURTHER NEW BUSINESS, COUNCILMEMBER ARAKAWA MOVED TO GO INTO EXECUTIVE SESSION FOR LAND ACQUISITION, LITIGATION, AND PERSONNEL ISSUES. COUNCILMEMBER REYNOLDS SECONDED. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 9:47 P.M.

After executive session there were 0 citizens present.

THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER CUTTINO MOVED AND COUNCILMEMBER REYNOLDS SECONDED TO ADJOURN AT 10:46 P.M.

Respectfully submitted,

Patricia A. Gilbert, PLS

City Clerk Assistant