CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD
BERKELEY LAKE, GA 30096-3016
CITY COUNCIL MEETING
AUGUST 12, 1999

Those in attendance for the Public Hearing/City Council meeting were as follows:

Mayor – Marguerite Cooke
Council Members: Anthony Arakawa, Kelly Goff, Tom Kitchens, Sherwin Levinson, Sherry Ruys
City Attorney – Richard Carothers
City Clerk – Anne Mayton
City Engineer – Earl Duckett
Zoning Enforcement Officer – Stan Kelly

Citizens Present – 19

The City Council meeting was called to order by the Mayor, Marguerite Cooke at 4043 South Berkeley Lake Road at 7:10 p.m.

The Rev. Dr. James King, Senior Pastor at Wieuca Rd. Baptist Church and resident of Berkeley Walk, gave the invocation.

Refreshments were provided by Councilwoman Ruys.

CITIZEN COMMENTS

There were no citizen comments.

APPROVAL OF MINUTES

The July 8 City Council Meeting Minutes were approved unanimously; with the clarification by Mayor Cooke that the ordinance on page 7, under Project Oasis, refers to establishment of a City Parks Commission.

APPROVAL OF THE FINANCIAL REPORT

The Financial Report for July was not available. Approval was postponed until the September 9 Council Meeting.

STAFF AND COMMITTEE REPORTS

The Mayor and Council have received the following reports for July:

Police Report; Emergency Management Committee Report; Greenspace Reforestation Committee Report; Traffic Control Committee/Grants Report; Director of Roads and Public Works Report; Zoning Enforcement Officer Report.

REPORT UPDATE

Mr. Arakawa reported that he and Mr. Flaherty are still negotiating for a one-time special citywide trash collection. The main question is curbside pickup versus central area dumpsters. He also announced that Connie Wiggins, Executive Director of Gwinnett Clean & Beautiful, will speak at the September 9, 1999 Council Meeting, regarding her

understanding of and work with disposal services, and shed some light on how the City of Berkeley Lake might look at that. After that, with the Council’s approval and the City Attorney’s review, he hopes to finalize our request for quote and send it out for bid.

Regarding the proposal for Duluth Police coverage, the Berkeley Lake Attorney is working with the City of Duluth Attorney to work out some of the legal issues associated with moving in that direction. Mayor asked him if he would present some information on this matter at the Public Hearing next month and he agreed.

There was no Gwinnett Municipal Association meeting in August, the next one is scheduled for September 14 and it is Mr. Levinson’s turn to attend. Mr. Goff said he was planning to go to that meeting as well. Mrs. Mayton confirmed that several people signed up for this one because it is nearby in Duluth and Governor Barnes was asked to speak.

OLD BUSINESS

River Hollow Final Plat

Mr. Goff moved, Mr. Levinson seconded to approve Mr. Hegner’s River Hollow final plat. The Council had some questions for City staffmembers to insure that changes requested at the last Council meeting had been made. Mr. Kitchens moved, and Mr. Levinson seconded, to table the motion until later. The motion to table passed unanimously.

City Parks/Conservation Commission

Mr. Levinson moved, and Mr. Kitchens seconded to put the ordinance to establish a City Parks Commission on first read. Discussion followed. Mrs. Ruys was concerned that if the Parks & Recreation Dept. is expanded to include other activities, there may be confusion regarding that department and this commission, because the names are so similar. Mr. Goff also expressed concern that the two will easily be confused. Mr. Levinson suggested that it be called the Berkeley Lake Nature Conservancy Commission. After further discussion, the Council agreed that it should be called the Conservation Commission. Mr. Levinson moved, and Mrs. Ruys seconded to amend the proposed ordinance to change the name City Parks Commission to Conservation Commission. There was no discussion on this and the amendment was approved unanimously. Mr. Levinson moved, and Mrs. Ruys seconded to modify Item 7,section b to add "and surrounding the City Limits" at the end of section b. Brief discussion followed and this amendment was unanimously approved. There was more discussion on the main motion then. Mr. Carothers clarified that money budgeted to the commission would be for operating expenses only. Any money needed for projects the commission recommends, such as capital improvements or acquisitions would have to be a separate line item on the budget. Motion to put a conservation commission ordinance on first read passed unanimously.

River Hollow Final Plat

After determining that the City Attorney and other staff had confirmed that all was in order, Mr. Levinson moved and Mr. Goff seconded to take River Hollow Final Plat off of the table. There was no further discussion on the motion, and the final plat was approved unanimously.

Duluth Police Proposal

Mr. Arakawa moved and Mr. Levinson seconded to accept the proposed offer from the Duluth Police Department for a 6-month pilot program for their services in the amount of $4,000 per month. Extensive discussion followed. Mr. Carothers stated that he is working on a number of items with the Attorney for Duluth, and that it will require a relatively sophisticated inter-governmental agreement between the two cities. There are a number of very complex issues involved. Council unanimously agreed to postpone consideration of the motion until the next meeting.

City Receptionist

Mr. Levinson moved, and Mr. Kitchens seconded that the Council adopt a resolution to hire a City Receptionist with a temporary/at will status. Mrs. Ruys stressed that the Receptionist should be paid for however many hours she works per week, but thinks she should receive less than $10.00 per hr, which is what the City Clerk earns. Mr. Levinson pointed out that, generally, to get someone with usable experience in a temporary position it costs a little more than the usual for that position. Mrs. Ruys would like to see $9.50 per hour or less. Mayor Cooke pointed out that it may be difficult to find someone to work only 8-10 hours per week for that amount. Mr. Goff thought we should try to get someone for less than $10.00 per hour. Mr Arakawa suggested that the Council make the pay negotiable, not to exceed $10.00 per hour. Some brief discussion regarding the temporary/at-will status ensued. A vote in favor of the resolution as presented was unanimous.

Georgia HB 489

Mayor Cooke announced that, according to a letter from the Ga. Dept. of Community Affairs, the City of Berkeley Lake Service Delivery Strategy is in compliance with HB 489. The City has been working with the County for the last several months on this. It is an important recognition, as it could affect our status as an incorporated City.

Trash Collection

Mr. Arakawa said that he would ask the trash collectors he has been negotiating with if they could give the City interim help regarding a special Citywide trash collection. He said he would get the City estimates for both central site dumpsters and curbside collections. Mayor Cooke clarified that any central collection would include a boat ramp site. Mr. Arakawa thought he could have this information for the September 9, 1999 Council Meeting.

Permits and Development Procedures

Mayor Cooke asked Mr. Levinson if he had met yet with Mr. Duckett, Mr. Flaherty, and Mr. Kelly, regarding the permits and developments procedures checklist that Mr. Duckett was in the process of formulating for the City. Mr. Levinson said he was waiting for another draft from Mr. Duckett. Mr. Duckett stated that he was waiting for a copy of the City Development Ordinances, which he needed and had requested from the City Clerk. He further stated that he understands they are now ready for him. Mayor Cooke confirmed that Mr. Levinson would try to arrange a meeting with them before the next Council meeting, and that Mr. Hegner offered to attend to give his perspective.

Mr. Arakawa expressed concern regarding enforcement of our tree ordinance. Mrs. Ruys is working on revising it to make it similar to the County’s new code and Dekalb County’s, which is even stricter. Some discussion followed and the Mayor and Mr. Levinson thought it was something that could be addressed at the Permits and Developments Procedures meeting. Mr. Levinson pointed out that our present codes state that the land disturbance permit is to be handled by the ZEO and he should insure the appropriate tree protection plan has been filed and approved before issuing a land disturbance permit. Also, a tree protection plan is required under the current ordinance, before issuance of a building permit for any single family home.

NEW BUSINESS

PIB Land Purchase Petition

Mayor Cooke read a letter from the Berkeley Lake Homeowners Assoc. asking that the Council purchase land adjacent to Berkeley Commons and Berkeley Walk, and that this not be linked to the 9.75 acres currently under consideration for purchase. Also, she read a letter to her from the citizens of the Berkeley Commons and Berkeley Walk subdivisions, petitioning the City Council to purchase a parcel of land, approx. 7 acres, adjacent to their subdivisions and Peachtree Industrial Boulevard, to preserve green space around the City and give it the same priority as the purchase of land to preserve a buffer between PIB and the lake, and make both purchase decisions jointly. There were 58 signatures on the petition, 40 out of the 43 homes in Berkeley Commons and 18 homes in Berkeley Walk.

Mr. Brian Matthews, 3256 Highgate Chase Court, and Mr. Max Poliashenko, of 3346 Highgate Chase Court, made a presentation with mounted color pictures to the Council depicting how exposed their neighborhood is to PIB and a nearby development. They asked the City to do what it can to protect them from further exposure and protect Mill Creek, which runs through their subdivisions, from further erosion and siltation damage. They would like the City to put together a Master Plan to protect its residents and give purchase of land near them equal consideration with the parcel adjacent to the City’s Greenspace.

Proposed Millage Rate

Mr. Goff stated that, based on the recently published County tax digest, the amount recommended by the Financial Affairs Committee for the 1999 property tax is 6 mils. Mr. Levinson moved, and Mrs. Ruys seconded that the City Council propose 6.0 mils for the City’s 1999 millage rate. There was some discussion, particularly regarding the restrictions on the City’s ability to pay down our present bond debt or to purchase available land. The vote in favor of the motion was unanimous.

Property Tax Bills

Mr. Levinson moved and Mrs. Ruys seconded to put on first read an ordinance to mail out the City’s property tax bills on September 15 and have payment due by November 15, retroactive to August 30. Vote in favor was unanimous.

County Matching Grant

Mrs. Ruys moved and Mr. Goff seconded that the Council pass a resolution to request the Gwinnett County Commissioners to authorize funding (a matching grant) in the amount of $5,000 to assist with our park expansion. Mayor Cooke clarified that she was told that this money can be used to reimburse the City on what was recently spent on our Children’s Park expansion. Vote in favor was unanimous.

Parks & Recreation Department

Mrs. Ruys said that she would like the City to offer a 10 week Yoga class to be given in the Berkeley Walk clubhouse. She explained that it would be open to all citizens of Berkeley Lake, and gave details regarding the costs involved, etc. Mr. Levinson moved and Mrs. Ruys seconded that an ordinance be placed on first read to establish a Parks & Recreation department to hold classes and recreational activities of interest to our citizens. There was no discussion and the vote in favor was unanimous. Mayor Cooke asked Mrs. Ruys to give her an estimate of how much she thinks will be needed in the forthcoming year for this department.

Budget Requests

Mayor Cooke asked that any budget requests from Council be submitted to her by 8/25.

Arbor Day

Mr. Levinson moved and Mrs. Ruys seconded a motion to approve a resolution for the Mayor to proclaim Arbor Day for the City of Berkeley Lake on February 18, 2000. Vote in favor was unanimous.

Sidewalks Grant

Mr. Arakawa said that the City has $12,331.00 it can get from the County for sidewalks, pedestrian safety, and/or bikeways installed in 1997, 1998 or 1999. He would like the City to position itself to use this money. He will check with Mr. Flaherty about this and postpone discussion for now.

Oath of Office

Mr. Levinson moved and Mr. Kitchens seconded that the new Oath of Office written by Mr. Carothers replace the existing one in the City code book and that this be an ordinance put on first read. Vote in favor was unanimous.

P&Z Commission Minutes

Mrs. Ruys asked that a copy of the P&Z Commission minutes be given to everyone on the Council every month. Mayor Cooke said she will ask Mr. Sipe, the Chairman, to do this.

THERE BEING NO FURTHER BUSINESS, MR. LEVINSON MOTIONED TO GO INTO EXECUTIVE SESSION AND MR. KITCHENS SECONDED, FOR THE PURPOSE OF DISCUSSING REAL ESTATE ACQUISITION, PENDING LITIGATION AND PERSONNEL MATTERS. THE VOTE IN FAVOR WAS UNANIMOUS.

After Executive Session, the Council Meeting was resumed. No citizens were present.

Berkeley Lake Investments

Mr. Levinson moved and Mr. Kitchens seconded to give the City Attorney the authority to complete the agreement between the City and Berkeley Lake Investments Corp. Vote in favor was unanimous.

THERE WAS UNANIMOUS CONSENSUS OF COUNCIL TO ADJOURN AT APPROX. 11:50 P.M.
THE NEXT CITY COUNCIL MEETING IS SCHEDULED FOR SEPTEMBER 9, 1999, AT 7 P.M.