CITY OF BERKELEY LAKE
4040 BERKELEY LAKE ROAD
BERKELEY LAKE, GA 30096-3016
February 10, 2000
Those in attendance for the Council Meeting were as follows:
Mayor – Lois SalterCouncil Members:Tony Arakawa
City Attorney – Richard CarothersLiz Branstead
Police Coordinator – Ray DunlapPhil Cuttino
Director of Roads and Public Works – Bob FlahertyKen Massaroni
City Clerk/Treasurer – Marcie ZielazienskiDelicia Reynolds
Ordinance Enforcement Officer – outgoing: Stan Kelly
Ordinance Enforcement Officer – incoming: Hollie Smith
Citizens Present:11
Mayor Salter called the Council Meeting to order at 7:07 p.m. at 4043 South Berkeley Lake Road.
AMENDMENT TO JANUARY 13, 2000 MINUTES
Mayor Salter made two corrections to the minutes, under Confirmation of Committees and Appointments, so that starting with the fourth line the minutes would read "Committee to be chaired by Phil Cuttino, (which will seek out and build relationships with various government and private agencies, especially geared toward finding grant money); created the Communications Committee to be chaired by Delicia Reynolds (which will invent BLIS and will work to streamline government)". Councilmember Branstead moved to approve the minutes as corrected and Councilmember Massaroni seconded. Approval was unanimous.
CITIZENS COMMENTS
Kitty Dales (116 Lakeshore Drive) – Is anything going about a sidewalk anywhere or walking path from the chapel down to the dam? Councilmember Arakawa responded that the challenge associated with that is the costs. City officials are talking to the county to see if any grants might be available, as well as getting grants from other sources.
APPROVAL OF FINANCIAL REPORT
Councilmember Massaroni moved to accept the Financial Report as presented. Councilmember Branstead seconded. Approval was unanimous.
STAFF, COMMISSION, AND COMMITTEE REPORTS
The mayor and Council have received the following reports: Roads and Public Works report from Bob Flaherty; Public Works and Safety Report from Tony Arakawa; report from Ray Dunlap; report from Stan Kelly; Communications Committee report from Delicia Reynolds; Conservation Commission Report; Tree Advisory Committee.
Councilmember Cuttino is still organizing his committee and Councilmember Massaroni is continuing to assemble members for his committee.
Mayor Salter stated she was pleased with the hydro seeding along Ridge Road. Councilmember Massaroni volunteered to assist with the walk through for re-use line activity. Councilmember Branstead requested that first and last names be used in the reports.
MEETING REPORTS (GwMA, etc.)
Councilmember Massaroni submitted a report from the Gwinnett Municipal Association meeting. Councilmember Arakawa made note of the trees being planted by the county along Peachtree Industrial, and recognized Mr. Kitchens for his efforts. Councilmember Cuttino has FEMA meeting notes for distribution.
Mayor Salter pointed out to the citizens present that all the reports that are submitted will be on file at City Hall and available for their referral.
ANNOUNCEMENTS
Greenspace meeting video will be shown; article on pros and cons of overhead power lines; upcoming meeting with City of Duluth; Homeowners Association Advisory Board Meeting.
OLD BUSINESS
Tree City USA
Stan Kelly introduced Dale Higdon, Senior Forester with the Georgia Forest Commission. Mr. Higdon acknowledged Berkeley Lake as having met all the criteria to receive the award of Tree City USA. He stated that Berkeley Lake has one of the best ordinances for protecting trees. He presented Mayor Salter with a plaque, a flag and two signs designating Berkeley Lake as Tree City USA. Mayor Salter pointed out she has copies of the proclamations made by Mayor Cooke regarding Arbor Day. She then congratulated Liz Branstead who will be leading Tree City in Gwinnett County.
Mayor's Appointments
Councilmember Arakawa introduced Hollis Smith as new Zoning Enforcement Officer. A Resolution was presented to appoint Mr. Smith as the ZEO. Councilmember Arakawa moved to adopt the Resolution. Councilmember Branstead seconded. The approval was unanimous.
Ordinance to create the position of Ordinance Enforcement Officer - First Read
Councilmember Arakawa moved for an Ordinance to create the position of Ordinance Enforcement Officer for the City of Berkeley Lake to provide for creation, to provide for appointment, to provide for the term, to provide for duties, to provide for contracts, to provide for compensation, to provide for an effective date and for other purposes. Councilmember Branstead seconded. Unanimous approval.
Ordinance to Amend Chapter 39, Section 103 to add a new definition (Zoning Enforcement Officer) to provide for an effective date; and for other purposes - First Read
Councilmember Arakawa moved for an Ordinance to add a new definition to provide for an effective date, and for other purposes. Councilmember Massaroni seconded. Approval was unanimous.
Ordinance to Amend Chapter 39, Section 1201 to provide for enforcement of the zoning regulations; to provide for an effective date; and for other purposes - First Read
Councilmember Arakawa moved for an Ordinance to provide for enforcement of the zoning regulations; to provide for an effective date; and for other purposes. Councilmember Massaroni seconded. Councilmember Branstead moved to amend the motion to make it gender neutral. Councilmember Reynolds seconded. Unanimous approval.
Other Appointments by Mayor Salter
Mayor Salter appointed the following members to the Communication Committee: Max Poliashenko, John Rockers, Marty Yates, Craig Belt and Marcie Zielazienski. She then appointed the following members to the Financial Affairs Committee: John Rockers, Rober Shutt, Dixie Kucera and Marcie Zielazienski. Councilmember Reynolds will chair both committees.
Reimbursement by county for emergency expenses
Councilmember Cuttino reported he went to the meeting of GEMA, FEMA, and BLEMA on February 7. Eight cities attended the meeting. It was pointed out that the reimbursement procedures will be different from those following the April 1998 tornado. The reimbursement of expenses will be faster, the city may choose the service for the cleanup, and they will reimburse costs for equipment needed for the cleanup. Mr. Flaherty is listed on county documents to be the contact person in this process. Mayor Salter commended Councilmembers Cuttino and Arakawa for their efforts in this issue.
Ordinance to Swear-In Newly Elected Officials on Jan. 1 - Second Read
Councilmember Arakawa moved to approve the Ordinance to Swear-in Newly Elected Officials on Jan. 1. Councilmember Massaroni seconded. Approval was unanimous.
Weiland Maintenance Bond
Mr. Flaherty and City Attorney Carothers will meet to follow-up on status.
Wetlands Appraisal
Councilmember Branstead reported that United Consulting has been hired to do an appraisal to see if there are any wetlands on the Doctor Ferrier property. There are, but the amount of acreage has not been determined. There is a creek on the property and a swale that has wetlands on it. The process is being pursued. Councilmember Massaroni stated he had done some research on recording the wetlands appraisal. City Attorney Carothers and Councilmember Massaroni will further research recording procedures.
Relay for Life
Councilmember Cuttino will report next month. Councilmember Arakawa suggested joint efforts with Berkeley Lake Elementary on this project.
Survey re Mill Creek land acquisition
The survey will go out Saturday or Monday at the latest.
NEW BUSINESS
Littering
Concern regarding fliers and advertisements that are creating litter. Discussion on how to control this or measures that can be taken. In particular a Chinese restaurant distributing fliers that are becoming a litter problem. Councilmember Arakawa asked if there was a legal step than can be taken. City Attorney Carothers responded he had addressed this before but there is an enforcement problem. You cannot cite just one party, you will need to cite everyone. This might include neighbors, boy scouts, etc. It was suggested that someone approach the restaurant to place an ad in Reflections rather than distribute fliers. Councilmember Cuttino will call the restaurant.
Conservation Issues
Councilmember Branstead stated that the Conservation Commission was created last fall under another name. Out of the six meetings held, the last three have not had a quorum and it has been a problem to move actions forward and to get any kind of resolutions on how to move forward on acquiring any of the property or working on the survey issues. She proposed an ordinance that will reformulate the Conservation Commission entity and call it the Conservation Committee. It will consist of 7 members instead of 9. Members will be appointed by the mayor by and with the advice and consent of City Council. Members will represent the neighborhoods and subdivisions within the City of Berkeley Lake by action and residence. Liaison members shall be composed of those committees and officers whose duties and responsibilities are related to the Conservation Committee. Tenure shall be for one year. Members shall serve until their successors are appointed. Vacancies shall be filled by appointments for unexpired terms only and in the same manner as original appointments. Members of the committee shall serve at the pleasure of the mayor and council and may be removed at the mayor and council's discretion. Appointed members who are unable to attend meetings for two consecutive sessions may be asked by the chair about their future intentions and the committee may request that the mayor replace the member. All members of the committee shall serve without compensation. The committee will be chaired by a council member selected by the mayor and shall serve for one year or until a successor has been appointed. The committee shall elect a vice chair who shall serve for one year or until such person is re-elected for a successor is elected. The committee shall meet at least once each month at a regular scheduled meeting date to be determined by members of the committee. Records will be kept. Powers and duties shall be exactly as they were under the commission.
Mayor Salter asked for an explanation on the phrase "by action and residence." Councilmember Branstead explained that the intent was all neighborhoods and subdivisions would be represented. Members shall represent more than their own neighborhood. Councilmember Branstead proposed this be put on first read. Councilmember Cuttino seconded. Approval was unanimous. Councilmember Massaroni moved that the Ordinance outlined replace existing Section 3-703 of the city code and delete the existing Section 3-703 in its entirety. Councilmember Reyolds seconded. Approval was unanimous.
Resolution - Moratorium on sign applications
City Attorney Carothers discussed sign ordinances and suits that are being issued against cities by outdoor advertising companies. He suggested that the city enact a moratorium on sign applications until he can study the existing sign ordinance in the City of Berkeley Lake. Councilmember Reynolds moved for a resolution to enact a moratorium through and including May 12 to facilitate the formulation of appropriate land use plan strategies for the placement of signs in the City of Berkeley Lake. Councilmember Massaroni seconded. Approval was unanimous.
Investment Strategies
Councilmember Reynolds reported she has been looking into the cash position of the city and new investments. Discussion followed wherein she explained the details of moving the CD accounts when they came due and how the banks would secure the funds. She moved that the council authorize her to explore different kinds of investment vehicles for City funds and to reinvest the city funds as appropriate vehicles are found. Councilmember Massaroni seconded. Approval was unanimous.
City Government Week
Letter sent by Georgia Municipal Association asking that the council allow Berkeley Lake to participate in City Government Week April 23-29. Motion made by Councilmember Branstead to delegate Councilmembers Arakawa and Cuttino to pursue and report back on planning for a town meeting. Councilmember Cuttino seconded. Approval was unanimous.
Earth Day
Gary and Sherry Moore are asking for acknowledgement and assistance from the council for a trash pick-up around the city on Earth Day, April 22nd. Councilmember Massaroni moved that the City sanction Earth Day activities and assist in getting a truck for removal of the trash that is collected. Councilmember Cuttino seconded. Approval was unanimous. It was noted that the City should take care of fees for dumping the trash.
Metricom
City Attorney Carothers reported that Metricom, a wireless Internet access provider, is seeking a contract to install its equipment in the City of Berkeley Lake. Their equipment consists of a small box that attaches to light poles and power poles. They pay a small franchise fee for use of these poles. Mr. Carothers is pursuing the revenue aspect and will report back. A brochure and pictures were provided for review. No action is required at this time.
County pickup of tree limbs
Mayor Salter reported that the county will make a pass-through of the entire city to pick up the tree limbs. She is asking all citizens to move their tree debris to the front of their property as soon as possible. No date has been set at this time. Questions may be directed to Bob Flaherty.
THERE BEING NO FURTHER NEW BUSINESS, COUNCILMEMBER BRANSTEAD MOVED TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LAND ACQUISITION ISSUES. COUNCILMEMBER REYNOLDS SECONDED. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 8:40 P.M.
After Executive Session, 0 citizens were present.
THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER CUTTINO MOVED AND COUNCILMEMBER BRANSTEAD SECONDED TO ADJOURN AT 10:30 P.M.
Respectfully submitted,
Patricia A. Gilbert, PLS
City Clerk Assistant
