CITY OF BERKELEY LAKE
4040 BERKELEY LAKE ROAD
BERKELEY LAKE, GA 30096-3016
CITY COUNCIL MEETING
October 14, 1999
Those in attendance for the City Council meeting and Public Hearing were as follows:
Mayor – Marguerite Cooke
Council Members: Anthony Arakawa, Kelly Goff, Tom Kitchens, Sherwin Levinson, Sherry Ruys
City Attorney – Richard Carothers
City Engineer – Earl Duckett
Zoning Enforcement Officer – Stan Kelly
Citizens Present: 23
Mayor Marguerite Cooke called the Council Meeting to order at 7:05 p.m.
Mayor Cooke thanked Councilmembers Tom Kitchens and Sherwin Levinson for the installation of the new sound and recording system.
Mr. Ken Massaroni, resident of Miramont, Intellectual Property Attorney and member of the Financial Affairs Committee gave the invocation.
Refreshments were provided by Mr. Stan Kelly, Zoning Enforcement Officer.
Mayor Marguerite Cooke explained that the planned presentation by Mr. Vince Edwards, Gwinnett County Traffic Engineer, would be moved to immediately following New Business, to accommodate the City Attorney. Mayor Cooke stated that following the presentation citizen comments will be heard.
APPROVAL OF MINUTES
The September 9 City Council and Public Hearing minutes were approved unanimously.
The September 15 Special Council meeting minutes were approved unanimously.
APPROVAL OF FINANCIAL REPORT
Approval of the September 30 Financial Report was unanimous.
ACKNOWLEDGEMENT OF STAFF AND COMMITTEE REPORTS
The Mayor and Council have received the following reports: Roads and Public Works report, Police Report, Zoning Enforcement Officer report; Emergency Management Committee Minutes from September 21, October Emergency Management Task Force, Early Warning System status and Greenspace Reforestation Committee report from Mr. Kitchens; Financial Affairs Committee report from Ms. Zielazienski; Codes Revision Committee Report from Mr. Levinson; Traffic Control/Waste Management and Grants Committee report from Mr. Arakawa; Conservation Commission meeting minutes from Mr. Ron Phelps; Homeowners Association Advisory Board meeting minutes from Mayor Cooke and Gwinnett Municipal Association meeting minutes for September.
GWMA MEETING
Mayor Cooke attended the October GWMA meeting at the Sugarloaf Country Club. She reported that the speaker was Teddy Lee of the Ga. Ethics Commission and that he spoke on the requirements of candidates for public office. Mayor Cooke then briefly summarized the main points of Mr. Lee’s speech:
Every politician, whether running for office or not, must file a financial disclosure statement and campaign contribution disclosure statement every year;
A $2,000 maximum campaign contribution is allowed per individual or per entity in any election year, the limit in a non-election year is $1,000. There is no limit to a candidate’s personal contributions to his or her own campaigns; this applies to candidate’s family as well;
Acceptance of any anonymous contribution is illegal. Every contribution, no matter how small must be recorded. If over $100.00, the contributor’s name and address must be placed on the disclosure form;
All expenses must be reported, even if the service or product is charged and will be paid for at a later date after the election or in the next year;
No government agency or personnel may contribute to any candidate’s campaign.
Mayor Cooke reminded Councilman Goff that he will attend the November GWMA meeting. She then asked for updates to staff and committee reports. Councilman Kitchens stated that he failed to include the meeting date of the next BLEMA (Berkeley Lake Emergency Management Agency) meeting, Tuesday, October 19 at 7 p.m. at City Hall.
OLD BUSINESS
Berkeley Lake Emergency Management Agency - 2nd Read
Mayor Cooke explained that this ordinance pertains to the Emergency Management Agency that was formed last year and the name is being changed to the Berkeley Lake Emergency Management Agency. Councilman Levinson moved to adopt the Berkeley Lake Emergency Management Name Change ordinance, Councilman Kitchens seconded, approval was unanimous.
Repeal of Property Tax Exemptions or Credits - 2nd Read
Mayor Cooke explained a new state law was passed prohibiting any tax exemptions or credits being given by a municipality and to be sure that we are in accordance with that law, we have an ordinance to repeal any and all provisions for ad valorem tax credits or exemptions. Councilman Levinson asked City Attorney Carothers if this meant that the City could grant exemptions on property tax. Mr. Carothers stated no. Mayor Cooke clarified that this ordinance would repeal any conflicting laws and would provide an effective date, which is immediately. Mr. Levinson moved to adopt the Repeal of Property Tax Exemptions or Credits Ordinance, Mr. Goff seconded, approval was unanimous.
Change of Contingent Expenses Amount - 2nd read
Mayor Cooke explained that this ordinance would change the contingent expenses amount requirement in the codebook regarding the City budget. The contingent expenses allowed to be budgeted were 3%, with this ordinance, the contingent expenses would be in an amount not to exceed 10% of the total amount of administration operations and maintenance expenses excluding debt service and capital outlay. Mr. Goff moved to adopt the Change of Contingent Expenses Ordinance, Mr. Arakawa seconded, approval was unanimous.
Revision of Tree Ordinance - 2nd Read
Mayor Cooke asked if everyone had a copy of this ordinance, then asked Councilwoman Ruys to make comments. Councilwoman Ruys explained that this was the fourth re-writing of this ordinance and it was placed on first read last month. Councilwoman Ruys noted that the current revision provides the definition of caliper and all tree sizes and descriptions are consistent throughout the document. She further explained that the last page, which explained how to plant a tree, was missing due to copier error, but she would provide this page to anyone upon request.
Mayor Cooke stated that discussion would immediately follow a motion to adopt and that Mr. George Sipe, Chairman of the Planning & Zoning Commission had asked to speak regarding this ordinance. Mr. Sipe stated that Council should consider making the tree ordinance a zoning ordinance that would allow the Planning & Zoning Commission to hear variances, make reviews and recommendations and then send to Council.
Mayor Cooke thanked Mr. Sipe for his comments and said that during discussion, Council could refer the ordinance to the Planning & Zoning Commission. She then asked for a motion to adopt the revised tree ordinance. Councilmember Levinson stated that he had asked City Attorney Carothers if the current ordinance was under zoning and that it was not, so the revised ordinance was written similarly.
City Attorney Carothers stated that he believes that the Planning & Zoning Commission would have authority to grant variances under this ordinance as well as under the Zoning Resolution. Councilman Levinson moved to adopt the Revised Tree Ordinance as submitted by Councilwoman Ruys, Councilwoman Ruys seconded with discussion.
Councilman Levinson suggested that the Tree Ordinance be amended to allow for review or granting of variances by the Planning and Zoning Commission. City Attorney Carothers, referencing section 22-113 of the Zoning Resolution, stated that this amendment should allow for a process similar to what is followed with a normal variance. Mayor Cooke asked if anyone would like to refer this ordinance to the Planning & Zoning Commission for review prior to adoption.
City Attorney Carothers stated that the ordinance clearly provides an appeal process and that it must be filed with the Planning & Zoning Commission, but he will look at the Zoning Resolution again to make sure it is within their authority.
Councilman Levinson asked if we could pass the ordinance tonight and propose an amendment to change Section 22-113 to make it subject to the administrative appeals process. Mayor Cooke stated that we may postpone for one month to allow time for the amendment to be written.
Councilman Arakawa asked about the reference to the City tree expert, is it the same as a forestry consultant? Councilwoman Ruys clarified that the definition included anyone that the ZEO or other official recommends.
Mayor Cooke asked if someone has a small shrub that dies, would they be required to get permission prior to removal? Councilwoman Ruys stated that it would have to be 8" in diameter, in which case you have to get an individual tree permit for removal, but no permit is required to remove a dead, diseased or dying tree.
Councilman Goff would like to propose a change that provides for a one-time, one-tree removal without receiving permission from the City. Mayor Cooke stated that a change could be incorporated without making an amendment. Mayor Cooke pointed out that the official title of this ordinance is now the Buffer, Landscape and Tree Ordinance, in keeping with Gwinnett County’s title. Mr. Levinson moved to postpone approval of the Revised Tree Ordinance until the next regularly scheduled Council meeting, Mr. Kitchens seconded. Approval was unanimous.
NEW BUSINESS
Mayors Budget Message
Mayor Cooke read her budget message for the year 2000. A copy is attached.
Approval of Year 2000 Budget - 1st Read
Mayor Cooke gave out copies of the budget worksheet and the proposed Year 2000 budget. She then explained that this budget had been discussed during the Financial Affairs Committee Meeting and during the Special City Council meeting afterwards, both on Sept. 15.
Councilmen Goff and Levinson questioned the large reduction in Planning & Zoning salaries. Mayor Cooke clarified that the only salary in Planning & Zoning is the chairman, and that due to new regulations by the State, this salary is broken out separately, the ordinance enforcement officer salary is broken out separately as well.
Mayor Cooke explained that the real estate property tax is less than originally thought needed. She further explained that during the September 15 Special Council Meeting, it was recommended that $30,000 be put in the budget for the Conservation Commission. Mayor Cooke stated that she was not comfortable putting that amount in the budget, since there are no guidelines on how the money would be spent and who would be approving expenditures. She further stated that if $30,000 were added for the Conservation Commission, our required taxes would increase by almost 10%. Mayor Cooke then explained that there are some new categories in the budget, which are required by the State. For example, playground maintenance was formerly under Grounds Maintenance, but must now be in a category called Culture and Recreation.
Councilwoman Ruys asked if the salary line included salaries for the Conservation Commission. Mayor Cooke stated that it did not, that according to the ordinance that was adopted, Conservation Commission members are to serve without compensation. She further explained that Council may make an amendment to the budget to provide for compensation for the elected chairperson, if they would like that to be provided.
Councilman Levinson questioned the $500,000 difference in the budget from what the Financial Affairs Committee recommended and what the Mayor is recommending. Mayor Cooke explained that the $500,000 for land acquisition was never in her proposed budget, and that it was her understanding from communications she’s had with each of the Council members that they either don’t want that in it, or it’s fine with them if it’s not in it.
Councilman Goff stated that the budget as submitted was a zero-based budget for 2000. He continued by explaining that the 1999 budget had a deficit of $106,000 and funds came from the treasury to balance the budget, this year no money will come from the treasury, this budget shows only actual expenses and actual income.
Councilmember Levinson moved to place the Year 2000 Budget on 1st Read, Councilmember Kitchens seconded. Mayor Cooke asked for any discussion. Councilmember Levinson asked what was the property tax assessed valuation base on which the projected millage rate was based.
Councilmember Goff stated $58 million. Councilwoman Ruys questioned if taxes could be kept this low, at the 5 ¼ millage rate, if there’s land acquisition. Mayor Cooke stated that this tax rate is based on the proposed budget and her proposed budget would stand whether or not Council decided to withdraw money out of the City’s reserve funds to purchase land. If they did that, it would reduce the reserve funds and, therefore, reduce the interest from them, but she has been very conservative on the amount of interest that she estimated will be received next year. Approval to place the proposed Year 2000 Budget on 1st read was unanimous.
Traffic Control Proposal - T. Arakawa, Vince Edwards, Gwinnett County Traffic Engineer
Mr. Edwards explained that he conducted four speed studies at four locations throughout the City, two on Lakeshore Drive, one on Little Ridge and one on Ridge Road and the studies provide a summary of the 85th percentile speed. The 85th percentile speed is an excellent indicator of the character of a road, it tells you how fast the motorists are actually going and how many vehicles travel the street. Generally, the streets that have straight sections will have more speeding problems than streets with more curves. At 825 Lakeshore, you have a straight downhill section there, so you will encounter higher speeds, Little Ridge is a short segment, so speeding is not really an issue. Mr. Edwards stated he did not conduct speed studies at the other locations simply because excessive speeding will not occur in sharp turns. Each of these streets has a posted speed limit of 25 mph, on Ridge Road, the 85th percentile speed was 39 mph, which means that 85% of the cars are going 39 mph or less, and 15% are going faster. If the 85th percentile speed in your subdivision is above 36 mph, then you qualify to petition for speed humps. Mr. Edwards then answered questions from the audience.
Councilman Goff asked what speed deterrents were available for a street such as N. Berkeley Lake. Mr. Edwards stated that radar display trailers were available through Gwinnett County, they flash the speed at which the vehicle is travelling and the posted speed limit.
What were the speeds on Little Ridge and Lakeshore - Mr. Edwards reported that on Little Ridge, the 85th percentile speed was 30-31 mph, at 20 Lakeshore Drive, it was 31 mph, at 825 Lakeshore Drive, 36-37 mph, and explained that those speeds are remarkably consistent with the speeds shown in the 1994 study.
Did you study the number of vehicles - Mr. Edwards reported that there has been a slight increase, in 1994 there were approximately 300 cars per day on these streets, now there are approximately 400 per day.
Please explain the different types of humps you use and where they are placed - Mr. Edwards explained that Gwinnett County uses a 22ft hump and they are spaced every 350-500 feet, they are flatter than the humps on Howell Ferry Road and are sometimes referred to as speed tables.
Councilman Goff asked what the effectiveness ratio is between a flat and round type hump. Mr. Edwards explained that the Gwinnett County engineers tried to find a tradeoff between how effective the hump is and how aggravating they are to drive over and they attempted to develop a hump based on those factors.
Councilwoman Ruys asked where citizens could see the humps that are used by Gwinnett County. Mr. Edwards explained that they are in use in the Amberfield Subdivision.
Councilwoman Ruys asked if speed tables would be allowed on Lakeshore Drive.
Mr. Edwards explained that the homeowners on that street could petition Gwinnett County to have the humps installed and they would be fully funded, however, by using their program, the Gwinnett engineers would select the locations for the humps and determine how many would be placed on the street.
Councilwoman Ruys asked how much the speed tables cost to install. Mr. Edwards stated $1849.00.
Councilman Arakawa asked what Mr. Edwards perception was of motorists speeding up and slowing down between humps. Mr. Edwards explained that the humps are strategically placed to discourage speeding between them and to help insure the motorist stays close to the speed limit.
How are the votes for the petition counted - Mr. Edwards explained that each individual tax parcel gets one vote, each person on the deed must sign the petition in order for their vote to be counted.
Why are humps not an appropriate option for North or South Berkeley Lake Road - Mr. Edwards explained that it is based on the expectation on the part of the motorist. If you have a motorist going 70 mph, then encounters a hump, you have the potential for an accident, which can create a liability issue with the City, however, on an interior street, where the posted speed limit is lower, then the expectation on the part of the motorist and pedestrian, is that the vehicle should have been going closer to the speed limit.
Mayor Cooke thanked Mr. Edwards for answering questions. Mayor Cooke then explained that the public hearing on the budget would be held on November 11 at 7 p.m. in the chapel.
Mayor Cooke asked Mr. Arakawa if he had a proposal to make to Council. Mr. Arakawa explained that he would prefer to take more time and review the new information.
Councilmember Goff stated that he would like to thank Mr. Arakawa’s group for a great deal of work and a job well done.
THERE BEING NO FURTHER BUSINESS COUNCILMAN LEVINSON MOTIONED TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING POTENTIAL LAND ACQUISITION AND PENDING AND POTENTIAL LITIGATION. THE VOTE IN FAVOR WAS UNANIMOUS. REGULAR COUNCIL MEETING WAS ADJOURNED AT 8:52 P.M.
After the Executive Session, the City Council meeting was resumed; there were 2 citizens present. Two motions were passed.
Motion was made by Councilman Levinson to pass a resolution directing Mayor Cooke to terminate the City’s relationship with Mr. Claude Mason, seconded by Councilman Kitchens, approval was unanimous.
Motion was made by Councilman Levinson to approve as a zoning change the proposed agreement with Berkeley Lake Investments, seconded by Councilman Goff, approval was unanimous.
A MOTION WAS MADE BY COUNCILMEMBER LEVINSON AND SECONDED BY COUNCILWOMAN RUYS TO ADJOURN AT 9:50 P.M. APPROVAL WAS UNANIMOUS.
THE NEXT CITY COUNCIL MEETING AND PUBLIC HEARING ON THE YEAR 2000 BUDGET IS SCHEDULED FOR NOVEMBER 11, 1999 AT 7:00 P.M.
Respectfully Submitted,
Audrey Turner
Acting City Clerk Assistant
