CITY OF BERKELEY LAKE

Mayor – Marguerite Cooke

Mayor-Elect – Lois Salter

Council Members: Tony Arakawa, Tom Kitchens, Sherry Ruys

Council Members-Elect: Tony Arakawa, Liz Branstead, Phil Cuttino, Ken Massaroni, Delicia Reynolds

City Attorney – Richard Carothers

City Engineer – Earl Duckett

Police Coordinator – Ray Dunlap

Director of Roads and Public Works - Bob Flaherty

City Clerk/Treasurer - Marcie Zielazienski

Citizens Present: 34

Mayor Cooke called the Council Meeting to order at 7:07 p.m. at 4043 South Berkeley Lake Road. She explained a minor change to the agenda. Because no quorum of the outgoing Mayor and Council was present, approval of the December 9 minutes would be passed along to the incoming Mayor and Council. Mayor Cooke then asked the outgoing Councilmembers present for any corrections to the minutes. None were offered.

RECOGNITIONS CEREMONY

Mayor Cooke thanked the outgoing Council for their time and hard work. Mayor Cooke then presented plaques of recognition to Councilmembers Tony Arakawa, Tom Kitchens and Sherry Ruys, (plaques were also presented in absentia to Councilmembers Kelly Goff and Sherwin Levinson.). Mayor Cooke then presented a plaque to Stan Kelly, citing his contributions to the City of Berkeley Lake. Mayor Cooke then presented the "Volunteer of the Year " award to Tom Kitchens, citing his contributions to the community as a whole.

CHANGE OF POSITIONS – (Newly-elected officials take their places)

SWEARING-IN CEREMONY

City Attorney Carothers administered the Oath of Office to Mayor Lois Salter and Councilmembers Tony Arakawa, Liz Branstead, Phil Cuttino, Ken Massaroni and Delicia Reynolds.

INAUGURATION SPEECH (Mayor Salter)

Mayor Salter thanked former Mayor Marguerite Cooke for her contributions to the City of Berkeley Lake and presented her with a plaque. Mayor Salter then briefly spoke on her vision and goals for the City.

As an order of business, Mayor Salter polled the Councilmembers as to how they wished to be addressed during the Council sessions. Each of them indicated that they wished to be addressed by their first names. Mayor Salter stated that with this informality, she didn’t expect any lessening of dignity or mutual respect.

CITIZENS COMMENTS

Mayor Salter stated that as previously established, citizen comments would be limited to three minutes, unless arrangements have been made with the Mayor five days in advance. With prior arrangements, citizens would be allowed to address the Council for up to 10 minutes.

APPROVAL OF FINANCIAL REPORT

Councilmember Branstead moved to accept the Financial Report, Councilmember Massaroni seconded. Approval was unanimous.

APPROVAL OF MINUTES

Mayor Salter explained that these were the minutes from the December 9, 1999 Council Meeting. Councilmember Massaroni moved to approve the December 9 Council Meeting minutes as presented, Councilmember Arakawa seconded. Councilmember Massaroni asked if the property rezoning matter was on first or second read. City Attorney Carothers stated that issue had been concluded. Approval of the December 9 minutes was unanimous.

ACKNOWLEDGEMENT OF STAFF, COMMISSION AND COMMITTEE REPORTS

The Mayor and Council have received the following reports: Roads and Public Works report; Police report; Councilmember Kitchen’s reports on the Emergency Management Task Force, the Early Warning System and Greenspace Reforestation Committee; Zoning Enforcement Officer’s report; and Councilmember Arakawa’s report on Specifications on Residential Solid Waste Collection and Disposal. Sherry Ruys asked if the Conservation Commission report had been received. It was determined that Mayor Salter and Councilmember Branstead had not seen the report. Mayor Salter requested that she receive all reports at least one week prior to the scheduled Council Meetings.

Councilmember Arakawa stated that he and several others had met with members of the Gwinnett DOT and it appears that Gwinnett County is willing to work with us on a Master Plan for Berkeley Lake.

OLD BUSINESS

Adoption of Gwinnett County Stormwater Design Manual – 2^nd Read

Mayor Salter asked City Attorney Carothers to address this issue for those Councilmembers who were not present at the December meeting. City Attorney Carothers briefly reviewed the manual, and stated that he believed it would be appropriate to adopt the manual. Councilmember Massaroni moved the adopt the Gwinnett County Stormwater Design Manual in its entirety, Councilmember Branstead seconded for discussion. Councilmember Branstead asked when this was adopted by the County, City Attorney Carothers stated that the current manual was last adopted in April of 1999. Councilmember Branstead asked if we would automatically update our manual when the County made changes. City Attorney Carothers stated that we would look at these changes/updates, but we were not obligated to adopt any of them. Approval of the stated motion was unanimous.

Additional Old Business

Councilmember Branstead asked about the Determination of Wetlands, (from page 8 of the December minutes) - has an appraiser been hired? Mayor Salter explained that this issue had not yet been resolved, if this Council deems it necessary, we will need to pursue. Mayor Salter then directed Councilmember Branstead to this issue. Councilmember Branstead then inquired about the status of the FEMA/GEMA reimbursement from Gwinnett County (page 8 of the December minutes), is the reimbursement going to happen? Mayor Cooke stated that she had heard nothing yet. Mayor Salter asked Councilmember Massaroni to handle this issue. Councilmember Massaroni asked about the inter-government agreement between Berkeley Lake and Duluth regarding the operation of the early warning system. Councilmember Kitchens stated that the issue had been completed. City Attorney Carothers clarified that the agreement was finalized, however, he had not yet received the original contract from the City of Duluth.

NEW BUSINESS

Confirmation of Committees and Appointments

Mayor Salter created the Code Revision Committee, to be chaired by Councilmember Ken Massaroni; reaffirmed the Finance Committee to be chaired by Delicia Reynolds; appointed Liz Branstead as liaison to the Conservation Commission; created the Inter-Agency Affairs 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); and reaffirmed the Public Works and Safety Committee to be chaired by Tony Arakawa. He will supervise employees in these areas, and BLEMA will report to him. Mayor Salter then confirmed that she has asked all the committees to seek out volunteers, especially from the southern area of Berkeley Lake.

Mayor Salter then nominated Councilmember Tony Arakawa for Mayor Pro-Tem. Councilmember Massaroni moved in favor of electing Councilmember Arakawa as Mayor Pro-Tem, Councilmember Branstead seconded. Those voting in favor were, Councilmembers Branstead, Cuttino, Massaroni and Reynolds. Councilmember Arakawa abstained. Approval was unanimous.

City Employees

Mayor Salter appointed Marcie Zielazienski as City Treasurer and appointed her as City Clerk; appointed Bob Flaherty as Director of Roads and Public Works; appointed Heather Ware as City Receptionist; expressed appreciation to Audrey Turner for transcribing the Council minutes; expressed appreciation to Stan Kelly for continuing the job as Zoning Enforcement Officer, until a new person can be employed; appointed, in absentia, George Sipe as Director of the Planning & Zoning Commission; appointed Ray Dunlap as Police Coordinator; appointed Dick Carothers as City Attorney; and appointed Earl Duckett as City Engineer.

Ordinance to Swear-In Newly Elected Officials on Jan. 1 – 1^st read

Mayor Salter explained that the newly elected officials do not get sworn in until the first meeting in January, however, according to the City Charter, they take office on January 1, discussion has centered on how to rectify this problem. City Attorney Carothers stated there has been some confusion about who should be performing the duties for between January 1 and the first Council meeting. Attorney Carothers explained that this ordinance could be placed on first read tonight, then the Council would have a month to think about the ordinance prior to adopting it. A brief discussion ensued about different swearing-in options. Councilmember Branstead moved to place the Ordinance to Swear-In Newly Elected Officials on Jan. 1 on first read, Councilmember Reynolds seconded. Approval was unanimous.

Approval to prorate January compensation between the Mayors

Mayor Salter explained that Mayor Cooke had been working for almost half of January and this would provide compensation for her for that time. Mayor Cooke has declined this offer and as such, this item will be removed from the agenda.

ADDITIONAL NEW BUSINESS

Gift to Departing Mayor

City Attorney Carothers explained that this item must be discussed in public session and that a motion was required. Councilmember Reynolds moved in favor of obtaining a gift certificate for the departing Mayor, Marguerite Cooke in the amount of $400.00, Councilmember Arakawa seconded. Approval was unanimous. Mayor Salter directed Councilmember Reynolds to obtain the gift certificate.

City Survey

Councilmember Arakawa asked for direction on the City survey. Mayor Salter explained that she had some notes, but not all Councilmembers had seen them. Councilmember Arakawa suggested that this issue be referred to committee. City Attorney Carothers explained that since Georgia is governed by the Sunshine Laws "referring to committee" did not allow issues to be discussed in confidence. Councilmember Arakawa then suggested that this item be postponed until Executive Session under Land Acquisition. City Attorney Carothers stated yes.

Resolution to change signatures on City bank accounts

Councilmember Reynolds explained that a corporate resolution was required to change signatures on City bank accounts. Councilmember Reynolds explained that the new signatures would replace Mayor Cooke, Councilmember Goff and Marcie Zielazienski. Mayor Salter explained that the approved signers were the exact same configuration of positions. Councilmember Reynolds moved in favor of a resolution changing the bank account signatures to Marcie Zielazienski as City Clerk and City Treasurer, Councilmember Delicia Reynolds and Mayor Lois Salter, Councilmember Branstead seconded. Approval was unanimous.

THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER ARAKAWA MOVED TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LAND ACQUISITION AND PENDING AND POTENTIAL LITIGATION AND/OR PERSONNEL ISSUES. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 8:14 P.M.

After Executive Session, two citizens were present.

THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER ARAKAWA MOVED AND COUNCILMEMBER CUTTINO SECONDED TO ADJOURN AT 10:15 P.M.

Respectfully Submitted by:

Audrey Turner

Acting City Clerk Assistant