CITY OF BERKELEY LAKE
4040 BERKELEY LAKE ROAD
BERKELEY LAKE, GA 30096-3016
PUBLIC HEARING & CITY COUNCIL MEETING
November 11,1999
Those in attendance for the City Council meeting and Public Hearing were as follows:
Mayor – Marguerite Cooke
Council Members: Tony Arakawa, Kelly Goff ,Tom Kitchens,Sherwin Levinson,Sherry Ruys
City Attorney – Richard Carothers
City Engineer – Earl Duckett
Zoning Enforcement Officer – Stan Kelly
Citizens Present: 18 for Public Hearing
18 for City Council Meeting
Mayor Marguerite Cooke announced that the City had received a check from GEMA (Georgia Emergency Management Agency) in the amount of $9,394 for damages during the tornadoes. Mayor Cooke commended City Treasurer Marcie Zielazienski for her appeal of the original amount.
Mayor Marguerite Cooke opened the Public Hearing on the Year 2000 Budget at 7:10 p.m. at 4043 South Berkeley Lake Road.
Craig Belt (566 Lakeshore Drive) – Please explain what the line ‘General Government’ means.
Mayor Cooke explained that item includes professional contracted services, maintenance of grounds, maintenance of public buildings and equipment, rentals, communications, travel, dues, fees, training, education, City attorney, insurance and City engineer.
There being no further comments, Mayor Cooke closed the Public Hearing at 7:13 p.m.
PUBLIC REFRESHMENTS & CONCURRENT WORKING SESSION FOR COUNCIL
Mayor Cooke explained that this time would be used for a working session for Council prior to entering the regular Council meeting, comments from observers would not be allowed.
Mayor Marguerite Cooke called the Council Meeting to order at 8:05 p.m.
Mrs. Patricia Throckmorton, River Mansions resident and member of the local area Bible Study Fellowship gave the invocation.
Refreshments were provided by Councilmember Sherwin Levinson.
CITIZENS COMMENTS – (Non-Budget Matters)
Max Poliaschenko (3246 Highgate Chase Court) - I would like to petition Council to purchase the land that borders our subdivision to the south and also borders Berkeley Walk subdivision, it is the last remaining greenspace in that section of the City. Development began last week with the construction of a road through the property, but no plans have been filed yet. I would like to urge Council to take immediate action that would lead to the ultimate acquisition of this property; this matter is of very high importance to many residents.
Chuck Frost (3323 Glendevon Lane) President of Berkeley Walk Homeowners Association
We have over 88% of the residents of both Berkeley Walk and Berkeley Commons who have signed the petition asking Council to take action on this property. These signatures were gathered over a two-day period, with a little more time we could be at 95%, every homeowner is solidly behind this issue.
Marcie Zielazienski (506 Lakeshore Drive)
I would like to share the credit for the appealed GEMA funds with Mr. Bob Flaherty.
APPROVAL OF MINUTES
The October 13 Special Council minutes were approved unanimously.
The October 14 City Council minutes were approved unanimously with one correction. Page two, under "Change of Contingent Expense Amount, Second Read", end of line four should read, "excluding debt service," not including it.
APPROVAL OF FINANCIAL REPORT
Approval of the October 31 Financial Report 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, Zoning Enforcement Officer report, Tree Ordinance recommendations from the Planning & Zoning Commission, Conservation Commission report, Berkeley Lake Emergency Management Agency minutes from Heather Ware; Emergency Management Task Force, Early Warning System and Greenspace Reforestation Committee report from Councilmember Kitchens; Traffic Control Committee report and Grants Committee report from Councilmember Arakawa; and a verbal Financial Affairs Committee Report from Councilmember Goff.
Mr. Goff stated that recent accusations had arisen about taxes being raised. He held up a chart created from Financial Reports prepared by Delicia Reynolds. He explained that the 1998 budget had $302,974 in taxes, when the Finance Committee set up the 1999 budget, they were facing a 14-month year, which will end in December. The committee agreed to divide the amount collected by 12, which provided a monthly income, then multiply by 14, so the taxes would remain exactly the same. He explained that during 1999, the projected collection amount was $353,000, the 14-month year budget was $347,000, and to date we have collected $352,000. Mr. Goff stated that the millage rate was reduced for the second time and in no way could this be construed as a tax increase.
HOMEOWNERS ASSOCIATION ADVISORY BOARD
Mayor Cooke stated that the meeting would be held on Saturday, November 20 at City Hall. Brunch will be provided.
GWMA MEETING REPORT
Mayor Cooke stated that Councilmember Goff attended the November meeting. Mr. Goff stated that the meeting, held at Hamilton Mill Golf course, centered around population increases and urban crush.
OLD BUSINESS
Approval of Year 2000 Budget – 2nd Read
Mayor Cooke asked for any amendments to the year 2000 budget. Councilmember Arakawa asked if money was available to match the grant for road maintenance. Mayor Cooke clarified that money was indeed available.
Councilmember Ruys made a motion to increase capital expenditures by $25,000 to be allocated to the Conservation Commission, Councilmember Levinson seconded. Approval was unanimous.
Councilmember Arakawa made a motion to increase the capital expenditures budget by $10,000 for potential police surveillance equipment, Councilmember Ruys seconded. Approval was unanimous. Mayor Cooke clarified that a total of $35,000 was being added to the Capital Expenses Item in the Year 2000 budget.
Councilmember Levinson moved to consolidate the salaries of five City employees, including Administrative Assistant, City Treasurer, Ordinance Enforcement, Public Works and City Clerk, into one category, to be named ‘City Employees’, for a total of $40,000, Councilmember Goff seconded. Approval was unanimous.
Councilmember Levinson moved to change the Planning & Zoning Commission Chairperson category and its $1,200 and create a new ‘Commission Chair’ category, with a combined amount of $2,400, to accommodate the Planning & Zoning Chairperson as well as the Conservation Commission Chairperson, Councilmember Ruys seconded. Approval was unanimous.
Councilmember Kitchens moved to withdraw $36,700 from reserve funds to balance the Year 2000 Budget, Councilmember Ruys seconded. Approval was unanimous.
Buffer, Landscape and Tree Ordinance – 2nd Read
Mayor Cooke explained that recommendations from Planning & Zoning Commission have been incorporated into this document. Councilmember Goff moved to adopt the revised Buffer, Landscape and Tree Ordinance, Councilmember Arakawa seconded, Councilmember Kitchens asked for discussion. Councilmember Kitchens asked if recommendations from George Sipe had been included, Councilmember Ruys stated yes. Mr. Sipe stated that there was one technical error, in Item 22-107, the number eight (8) was changed to six (6).
Councilmember Levinson moved to amend section 22-107, paragraph two, sentence two, of the Buffer, Landscape and Tree Ordinance to begin as follows, "all trees eight (8)" and to amend section 22-107, paragraph two, sentence four, to begin as follows, "trees larger than three (3)", Councilmember Kitchens seconded. Approval was unanimous.
Councilmember Levinson asked Mr. Sipe why the paragraph in section 22-110, referencing items being attached to trees was eliminated. Mr. Sipe explained that the entire section addressed ways not to kill trees and that by attaching any item to a tree , one would be in violation of the ordinance, unless the attached item was in the public interest.
Councilmember Levinson moved to adopt the amended Buffer, Landscape and Tree Ordinance as recommended by the Planning & Zoning Commission, to include the two corrections to section 22-107, Councilmember Kitchens seconded. Approval was unanimous.
Councilmember Levinson expressed thanks to both Mrs. Ruys and Mrs. Branstead for their work on this document.
NEW BUSINESS
Revised Conservation Commission Ordinance – 1st Read
Mayor Cooke explained that this document incorporated recommendations from the Conservation Commission therefore, this document will replace the original. Councilmember Ruys moved to place the Revised Conservation Commission Ordinance on first read, Councilmember Levinson seconded. Councilmember Ruys asked for discussion. Councilmember Ruys stated that she felt strongly about the chairperson being "at-large" and only being able to vote in the event of a tie. Mayor Cooke clarified three items of discussion; (1) all members of the Commission shall be residents of the City of Berkeley Lake; (2) item #6 should include "lakefront"; (3) items #7 & 8 should include" and not specified in other districts". Councilmember Levinson suggested that the ninth member be appointed by the Mayor as an "at-large" voting representative, then the chairperson would be chosen from the full nine-member board.
Approval to place the Revised Conservation Commission Ordinance on first read as presented and to make revisions prior to adoption was unanimous.
Gwinnett County Matching Funds Grant
Councilmember Arakawa explained that $12,331 in funding from Gwinnett County was available for pedestrian safety and that Mr. Flaherty could utilize these funds for current projects, if Council would approve matching funds. Mr. Arakawa clarified that these projects must be completed by the end of the year and if work was done on Gwinnett County roads, the County must be involved.
Councilman Arakawa moved in favor of a resolution expending $12,331 from the Roads and Maintenance budget to be used as matching funds for repair and maintenance of City roads, prior to the end of 1999, Councilmember Levinson seconded . Approval was unanimous.
Solid Waste Management STWP Resolution
Mayor Cooke clarified STWP, as meaning Short Term Work Program. City Attorney Carothers explained that this was ratifying the Short Term Work Program as of October 8. Mayor Cooke explained that this was in conjunction with Gwinnett Clean & Beautiful and is required for submission to the State of Georgia. Councilmember Levinson moved in favor of the Solid Waste Management Short Term Work Program Resolution, Councilmember Goff seconded. Approval was unanimous.
City Employee Salaries
Councilmember Kitchens moved in favor of a resolution compensating the City Treasurer, City Clerk, Ordinance Enforcement Officer and Director of Roads and Public Works on an hourly basis at the rate of $10.00 per hour and that each such appointed officer shall submit time records to the Mayor and City Treasurer, in a form acceptable to the City, to become effective January 1, 2000, Councilmember Arakawa seconded. Approval was unanimous.
Increased Police Coverage
Councilmember Arakawa moved in favor of a resolution allowing the Traffic Control Committee to increase police coverage within the City by an additional eight (8) hours per week, at a cost of $8,000. Councilmember Ruys seconded with discussion. Councilmember Ruys asked when the additional hours would be. Councilmember Arakawa reported that on Friday nights the increased hours would be from 9 p.m. until 1 a.m. and Saturday evenings from 4 p.m. until 8 p.m. and 9 p.m. until 1 a.m. Approval was unanimous.
Appropriations by the Mayor – 1st Read
Mayor Cooke explained that this was an ordinance pertaining to Code section 4-212 and would clarify how much and for what purpose the Mayor is authorized to spend money for the City. Councilmember Levinson moved to place the ordinance legitimizing the Mayor’s spending authority of $1,000 on first read, Councilmember Kitchens seconded. Councilmember Levinson asked for discussion. Councilmember Levinson stated that his copy of the ordinance amended Section 4-207 and substitutes a new section; 4-211. City Attorney Carothers concurred. Approval was unanimous.
Bids for Road Repair – Mr. Flaherty
Councilmember Kitchens moved to authorize the City of Berkeley Lake to enter into agreements with True Green Land Care and Renfroe Mining and Grading for work along roadways within the City and to allow the Director of Roads and Public Works to execute said agreements, Councilmember Levinson seconded. Approval was unanimous.
THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER GOFF MOVED TO GO INTO EXECUTIVE SESSION AND COUNCILMEMBER KITCHENS SECONDED FOR THE PURPOSE OF DISCUSSING LAND ACQUISITION, PENDING LITIGATION AND PERSONNEL ISSUES. THE VOTE IN FAVOR WAS UNANIMOUS.
After Executive Session, the Council Meeting was resumed; no citizens were present. Three resolutions were passed.
Property Appraisals
Councilmember Levinson moved in favor of a resolution authorizing the Mayor to expend funds, not to exceed $5,000 to obtain two independent appraisals of the property adjacent to Berkeley Commons and to authorize City Councilmembers Ruys and Levinson to contract for these appraisals, Councilmember Ruys seconded. Approval was unanimous.
Citizen Survey
Councilmember Levinson moved in favor of a resolution authorizing the Mayor to expend funds, not to exceed $500, to survey the citizens of Berkeley Lake regarding their desire to acquire the property adjacent to Berkeley Commons, Councilmember Kitchens seconded. Approval was unanimous.
Contracted Services – Mr. Dennis Billew
Councilmember Levinson moved in favor of a resolution authorizing the Mayor to engage the services of Mr. Dennis Ballew to negotiate details of acquisition of property adjacent to Berkeley Commons, Councilmember Kitchens seconded. Councilmember Arakawa asked for discussion. Councilmember Arakawa asked for Mr. Ballew’s credentials. Councilmember Ruys explained that Mr. Ballew was involved in the Gwinnett Open Land Trust and was experienced in negotiations of this type. Councilmember Levinson suggested that these negotiations determine the status of the property and inform the owners of the City’s interest in possibly purchasing the property. Approval was unanimous.
A MOTION WAS MADE BY COUNCILMEMBER LEVINSON AND SECONDED BY COUNCILMEMBER KITCHENS TO ADJOURN AT 10:35 P.M. APPROVAL WAS UNANIMOUS.
THE NEXT CITY COUNCIL MEETING IS SCHEDULED FOR DECEMBER 9 AT 7:00 P.M.
Respectfully Submitted,
Audrey Turner
Acting City Clerk Assistant
