CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GA 30096-3016

March 9, 2000

Those in attendance for the Council Meeting were as follows:

Mayor – Lois Salter

Council Members:Tony Arakawa

Liz Branstead

Phil Cuttino

Ken Massaroni

City Attorney – Richard Carothers

City Clerk/Treasurer – Marcie Zielazienski

Citizens Present:14

CALL TO ORDER

Mayor Salter called the Council Meeting to order at 7:05 p.m. at 4043 South Berkeley Lake Road.

AMENDMENT TO FEBRUARY 10, 2000 MINUTES

Mayor Salter made three corrections to the minutes. Under Conservation Issues in the second line change 'has' to 'have' so it will read "the last three have not had a quorum." In the sixth line of the same paragraph change 'major' to 'mayor.' Under Resolution - Moratorium on Sign Applications in line two change 'enacted' to 'enact'. Councilmember Massaroni moved to approve the minutes as corrected. Councilmember Arakawa seconded. Approval was unanimous.

CITIZEN COMMENTS

Mayor Salter stated that because the survey is such an important issue she would be willing, if the Council felt the need to inject a second, very brief, opportunity for Citizen Comments after Dr. Sipe talks about the survey.

Gary Moore (160 Bayway Circle) - Thanked the mayor and city council for their support on the Earth Day clean up project.

BJ Barrett (13 Lakeshore Drive) - BLHA will have a rededication of the beach property on June 3, 2000. It will be open to everyone in the city. BJ described the event as a membership drive, rededication and happy to open up the beach day. Mayor Salter asked that everyone carry that information back to other neighborhoods. BJ said there will be a flyer out soon.

APPROVAL OF FINANCIAL REPORT

Mayor Salter gave the finance report in Councilmember Reynolds' absense. Councilmember Reynolds has opened a new CD at Peachtree Bank with money from the operating account. She will gradually move all the CDs into that bank because it gave the best rate of all the banks around and they pledged a $500,000 bond which is being held by Suntrust Bank, and that the money was guaranteed by government bonds. Marcie Zielazienski reported she had faxed to all City Council members a request for consideration of funds for new equipment and noted that some consideration should be given for additional funds for a newer, faster computer for the mayor and for a new fax machine for city hall to replace the one that is broken. So along with the funds requested she would propose that council consider appropriating another $1600 to get back into a good operating mode for equipment. Councilmember Arakawa moved to approve funds not to exceed $4,000 for two computers (one laptop for the mayor and a desktop for the city treasurer). Councilmember Massaroni seconded with an amendment to include a fax machine, still not to exceed the $4,000. Councilmember Branstead stated she would not want the mayor to be limited to a laptop if another choice would be better. Mayor Salter said she would let Marcie pick out what was the most cost efficient. The motion was amended to just say computers and not designate what kind. Councilmember Arakawa had a question regarding the financial report not listing the checks for the month. It was determined they were listed but his copy didn't show them, he will receive a copy with the checks listed. Councilmember Massaroni then moved to accept the Financial Report as presented. Councilmember Arakawa seconded. Approval was unanimous.

STAFF, COMMISSION, AND COMMITTEE REPORTS

Mayor Salter submitted a report from the Homeowners Advisory Board Meeting of February 19, 2000. There is a report from Officer Dunlap. There is a Communications Committee Report from Councilmember Reynolds. Since she was not in attendance, Mayor Salter discussed what BLIS (Berkeley Lake Information Systems) covers and what plans are being considered and put into effect. A Conservation Commission Report was received from Councilmember Branstead. There is a Emergency Management Task Force Report and Greenspace Forestation Committee Report from Tom Kitchens. There was a report of no report from Code Revision Committee and no report from Interagency Affairs. All the reports that were received will be posted in City Hall for review.

MEETING REPORTS (ARC, Homeowner Assn. Presidents Quarterly Mtg., etc.)

Mayor Salter brought materials from two Atlanta Regional Commission meetings to share with the Council and to place in City Hall. She called attention to a book called "Framework for the Future" in which she has marked areas under 'Best Transportation Practices and 'Best Environmental Practices.' Mayor Salter provided notes from another ARC meeting concerning "livable development" which should be of particular interest to Berkeley Lake residents.

ANNOUNCEMENTS

There is a Community Watershed Workshop March 14, 2000. The workshop will explain Atlanta's 14 county preliminary greenway trails. There is a Georgia Greenways 2000 Conference, May 5 in Covington, Georgia. Mayor Salter presented information re Georgia legislative issues. All of this will be posted for review. Mayor Salter recognized Boy Scout Troop 650 in attendance. A Western Gwinnett bike trail is being developed. The Parson's property is under option to be developed. There was discussion concerning the widening of North Berkeley Lake Road between Peachtree Industrial and Buford Highway. The Gwinnett School Board planted trees between Berkeley Walk and the elementary school. The city of Duluth will place cameras at the intersection of PIB and North Berkeley Lake Road. Fliers have been distributed about the Blossoms St. Patrick's Day festivities.

OLD BUSINESS

Mayoral appointments

Mayor Salter announced the appointment of a new city receptionist, Claire Grimes. The mayor also recommended a position be created for an Assistant OEO. Britt Collins will fill this position. Mayor Salter recommended Ken Robbins, Roxanne Cashdan, and Wayne Mitsch for appointment to the Code Revision Committee. For Interagency Affairs the mayor would like to appoint Diane Cuttino. And for the Conservation Committee: Alyse Burn, Jeff Cashdan, Jackie Henderson, Chris Holben, Sally Rich Cobb, Max Poliashenko. Councilmember Branstead moved to accept all of the appointments. Councilmember Cuttino seconded. Approval was unanimous.

Reimbursement by county for emergency expenses, storm debris cleanup

Councilmember Arakawa reported that they have been able to access approximately $16,000 worth of funds from the Federal Emergency Management Committee to acquire tools for the city for future emergencies. Mr. Joe Voyle is currently storing the new equipment which includes chain saws, log splitters, a winch, and chipper and accessories. There is also an additional $10,000 to use to clean up additional debris as needed.

Ordinances on 2nd read (OEO and zoning enforcement)

Councilmember Arakawa stated there is an Ordinance to create the position of Ordinance Enforcement Officer for the City of Berkeley Lake. Attorney Carothers added the Assistant OEO to the Ordinance so both could be approved at the same time. Councilmember Arakawa moved to accept the Ordinance as amended and Councilmember Branstead seconded. Approval was unanimous. Attorney Carothers recommended that these two ordinances be tabled for consideration by the Planning and Zoning Commission. Councilmember Massaroni moved that they be tabled and sent to the Planning and Zoning Commission for their consideration. Councilmember Branstead seconded. Approval was unanimous.

Weiland maintenance bond

Bob Flaharty is preparing a punch list for Attorney Carothers so he can continue pursuing Weiland for the money. The list will be compared to two previous punch lists provided to them to see what has been done, then Attorney Carothers will send them another letter to see if they will either do the work or pay the money.

Wetlands appraisal

Attorney Carothers and Councilmember Massaroni continue to look into and have identified the appropriate way for recording the wetlands appraisal with the Corps of Engineers. They will hold it pending further discussion.

Relay for Life

Councilmember Cuttino reported he has been working for several weeks on the event. Gwinnett County has been the leading county for raising funds for the Relay in the United States for the last three or four years. Each community or group will have a theme of their own. The relay will again be held at the fairgrounds in Gwinnett County. The Berkeley Lake team name will be "The Berkeley Lake Cancer Lifesavers." Plans are being made for the site. All the neighborhoods are asked to participate in this worthwhile event.

Survey re Mill Creek land acquisition

Dr. Teresa Sipe discussed the survey results in detail. She distributed four handouts to the Council. They included the land acquisition survey results, a copy of the comments (separated by options), results by section of the city and a copy of the survey from the 9.75 acres for comparison purposes. The 7.62 acre survey with two options was developed with input from the city council, the mayor, the city attorney and leaders in the community. Each survey packet included a letter from the mayor, two numbered surveys, a position paper for each option, a map and a self addressed stamped envelope. The surveys were mailed in envelopes with the City of Berkeley Lake letterhead to the addresses from the most current City of Berkeley Lake tax digest. A total of 601 surveys were mailed on February 12, and 29 additional surveys to 16 households were delivered between February 14 and February 19. After all was said and done, a total of 603 survey packets were distributed to households. Reminder post cards were mailed on February 18. A total of 378 survey packets were returned. Councilmember Arakawa, Dr. Sipe, Ray Dunlap and Marcie Zielazienski met in the City Hall to count them. There were several invalid surveys described in Dr. Sipe's report. A total of 364 valid surveys were received. Dr. Sipes continued discussing survey statistics. The majority of respondents chose Option A, the 'Purchase Option.' The survey report is attached to the minutes of this meeting and are incorporated herein.

Littering

This issue was brought back to the agenda because of a suggestion from the HOA in River Mansions that people are very concerned about the trash. Their suggestion is to initiate a fine, such as $500, for littering. Councilmember Massaroni will look for statutes concerning fines for littering. He will email information he locates to councilmembers for review for discussion at the next meeting. Councilmember Cuttino reported he had not received a response to his phone call to the restaurant that had littered the area with their flyers.

Conservation ordinance, 2nd read

Councilmember Massaroni and Attorney Carothers both had written amendments to this ordinance. There was discussion to assure that the amendment covered the number of members being changed from 9 to 7 and that they are appointed by the mayor by and with the advice and consent of City Council. It was agreed to use Mr. Carothers amendment and Section 8 from Councilmember Massaroni which in Section 8(b) it changes 'implement' to 'plan' and in Section 8(d) it would strike 'and implement' and Section 8(f) would read 'to cooperate with the city in applying for funds from federal, state or local public or quasi public agencies and to expend such funds as the council may direct and authorize by resolution.' Councilmember Branstead moved to accept the ordinance with the revisions. Councilmember Arakawa seconded. Approval was unanimous.

Moratorium on sign applications

Attorney Carothers stated that this item should go to the Planning and Zoning Commission for consideration and it should come back to Council after a public hearing for adoption. Also he will have a new sign ordinance proposed for the city that will deal with some ongoing issues statewide regarding sign cases currently pending across the state.

Investments

Mayor Salter added to her earlier discussion for Councilmember Reynolds that the CD's that have been secured are for one year at a rate of 6.75 percent.

City Government Week

Councilmember Cuttino will continue to seek speakers for City Government Week. The City Clerk reported that County Commission Chairman Wayne Hill has asked to be on the Agenda for the April City Council meeting.

Earth Day

Councilmember Arakawa reported he was able to get a truck for removal of trash on Earth Day for $500 for a half day. He had checked three other sources and all those trucks were in the $800 to $1,200 range. Mayor Salter said she could approve that amount and would support it. Discussion followed regarding how best to handle several details regarding the placement of the truck. A flyer will be distributed after the details are resolved. A covered dish and other activities are being discussed for the evening of the event.

Metricom

Mr. Charles Swink of Metricom was present to answer questions and discuss the technology. Attorney Carothers stated he has looked at the proposed franchise agreement and found it to be satisfactory. He thinks it is something others cities are doing and the service is something the citizens will want to have. The franchise fee of 3 percent was discussed and questions were raised as to whether it can be changed in the future. Mayor Salter ask if a motion should be made or to wait until next month to accept the agreement. Councilmember Massaroni suggested that when granting these types of rights inside the city, that being a bit more conservative and spending a little more time looking at it would be the appropriate thing to do. Attorney Carother will disseminate more information to councilmembers for their review so that it can be handled at the next meeting.

Other

Councilmember Arakawa reported he went to a meeting about three months ago and talked to the DOT about several issues in the city. He has finally received a response and they are going to put in a stop sign and a pedestrian crosswalk at Lakeshore Drive and South Berkeley Lake Road. The DOT is also considering a 3-way stop sign at the Howell Ferry Road, Miramont and North Berkeley Lake Road intersection. The DOT is also considering proposals relating to making certain roads one-way, and all the things that were brought up.

Councilmember Massaroni reported he had a request as to why the vehicle sticker ordinance is not being enforced. Marcie Zielazienski reported that not only was it not working, many people did not want to put it on their cars. It was taking a very large amount of time and the results were not proving very good. It is not a revenue generating process. Councilmember Massaroni will review the ordinance to see if it should be kept.

Councilmember Massaroni reported that the Georgia Environmental Protection Division (EPD) has been asked to look into the various odors coming into Berkeley Lake. He is encouraging homeowners to write letters to the EPD so they will do a more extensive study. Bob Hoskin and Councilmember Massaroni will continue looking into this issue.

NEW BUSINESS

July 4th City Celebration

Mayor Salter reported she has asked Councilmember Cuttino to be the City Council liaison to the celebration. She has two volunteers as leaders and has been promised two more volunteers to assist with the celebration. This year it is to be a team effort instead of BLHA having to do it all on their own.

New City Seal

Mayor Salter has commissioned the creation of a new City Seal. She has asked Councilmember Cuttino for his assistance, and is hopeful that by the next council meeting there will be a new seal to consider.

Grants

Councilmember Cuttino reported on two grant applications he has reviewed: The Georgia Department of Community Affairs grant, and the Gwinnett County Department of Financial Services grant. The Gwinnett County grant program will help improve a facility if that facility is open for use by anyone in the county. The County grant will pay half of a project and all of the engineering cost. It can be a new building, but not an improvement on one that is already there. He presented the idea of a raised covered pavilion in the playground next to City Hall, with a storage area underneath. He presented a rough drawing showing the area where it could be erected. This is a brand new idea and has not yet been presented to the county. There is a time limit on applying for these grants and he will get the information to all councilmembers for their comments.

Councilmember Arakawa is looking into grants for sidewalks. He has submitted two grant proposals, one to the state and one to the county, and is waiting to hear back on their receipt of the applications.

ADDITIONAL COMMENTS

One citizen asked why the Citizens Comments are at the beginning of the meeting when they do not know what to ask instead of at the end of the meeting when they have heard all the information and are burning with questions and comments. Mayor Salter said that there are several schools of thought on that issue. One is if comments were presented after the meeting, the Council would very often have already voted on some of the issues. If they haven't voted on it then you have the opportunity to make comments before the next council meeting. The agenda is presented before the meeting so if there is something you want to comment on you can prepare your comment.

BJ Barrett asked if the cleanup of debris from the recent ice storm would include debris in the lake. Councilmember Arakawa said it could be included.

There were other comments/discussions but most were not fully audible to the recorder because citizens were not using a microphone and occasionally several persons would speak at once. The council's responses to most of the comments were ones that had already been covered in the meeting.

Councilmember Arakawa moved to involve the City Attorney to do what is necessary to acquire records pertaining to zoning enforcement that has been done in the last years so we have complete and up-to-date records for our new Ordinance Enforcement Officer. Councilmember Branstead seconded. Approval was unanimous. Attorney Carothers will generate the letter requesting those records.

THERE BEING NO FURTHER NEW BUSINESS, COUNCILMEMBER ARAKAWA MOVED TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL AND LAND ACQUISITION ISSUES. COUNCILMEMBER BRANSTEAD SECONDED. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 9:30 P.M.

After the Executive Session, 0 citizens were present.

THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER ARAKAWA MOVED AND COUNCILMEMBER BRANSTEAD SECONDED TO ADJOURN AT 10:25 P.M.

Respectfully submitted,

Patricia A. Gilbert, PLS

City Clerk Assistant