CITY OF BERKELEY LAKE

4040 BERKELEY LAKE RD.
BERKELEY LAKE, GA 30096-3016
PUBLIC HEARING
CITY COUNCIL MEETING
January 14, 1999

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

• Mayor - Marguerite Cooke
• Council Members: Anthony Arakawa, Kelly Goff, Tom Kitchens, Sherwin Levinson, Sherry Ruys
• City Attorney - Dick Carothers
• Public Works Director - Bob Flaherty
• Zoning Enforcement Officer - Stanley Kelly
• City Clerk - Marcie Zielazienski

CITIZENS PRESENT - Approximately 15

Mayor Cooke called the public hearing to order at 7:00 p.m. The hearing was called to hear citizens comments on the proposed changes to the City budget and the Planning and Zoning recommended changes to the Zoning Ordinance - Chapter 39 of the City Code. This hearing was announced in the newspaper and on the City’s information board.

Mr. Goff, Chairman of the Finance Committee, reviewed the recommended changes to the Budget. (The first read was approved by Council on December 10, 1998.) He explained that the changes were being made to make the line items more accurate - to add more money to the salary of the City Clerk/Treasurer to accommodate the new position of City Treasurer and to add more money to Contingency. Other categories were decreased. No comments were forthcoming from those citizens present.

George Sipe, Chairman of the Planning Commission, reviewed the recommended amendments to the Zoning Ordinance. (The first read of these proposed Ordinance amendments was approved by Council on December 10, 1998.)

Mr. Goff said the City Council appreciated all the work that went into drafting the proposed changes.

With no other comments forthcoming, the public hearing was closed by Mayor Cooke. The City Council meeting was brought to order at 7:25 p.m.

The Invocation was presented by Dick Carothers.

APPROVAL OF MINUTES:

Mr. Goff motioned for approval of the October 8, 1998 minutes. Mr. Levinson seconded, and vote for approval of the motion was unanimous.

The following corrections were noted for the minutes of November 23, 1998.

Mrs. Ruys pointed out that the November and December minutes show Mr. Carothers as the "acting" City Attorney. This should be corrected.

Page 3 - 4th paragraph. Mayor Cooke noted the Mayor did clarify that as

chairman of the City Charter and Codes Revision, Mr. Levinson

has the primary responsibility.

Mr. Goff motioned for approval of the November 23, 1998 minutes with those changes noted. Mr. Levinson seconded, and vote for approval of the motion was unanimous.

The following corrections were noted for the minutes of December 10, 1998.

Page 3 - 2nd full paragraph, last sentence. Mr. Kitchens noted that the 50 ft.

poles were donated by Georgia Power but will be erected by a private

contractor.

Page 4 - last paragraph. For clarity and accuracy, the following wording should

be added, "After discussion relating to the environmental impact,"

Mr. Levinson motioned that . . . be denied.

Mr. Goff motioned for approval of the December 10, 1998 minutes with those changes noted. Mrs. Ruys seconded, and vote for approval of the motion was unanimous.

APPROVAL OF FINANCIAL REPORT:

Mr. Goff commented that the City is in very good shape. The Financial Affairs Committee is working toward a goal of raising $50,000 in interest this year. Three $100,000 certificates were purchased when the interest rates were good and another will be purchased whenever an acceptable rate is offered again.

Mr. Levinson motioned for approval of the financial statement as submitted. Mr. Arakawa seconded, and vote for approval of the motion was unanimous.

STAFF REPORTS:

The ZEO Report was reviewed. Mr. Goff asked what percentage of the contractors have renewed for 1999. Mr. Kelly informed that approximately 70%. Approximate 30% are no longer working in the City.

Mr. Arakawa asked about "Item F", which referenced the small subdivision on the Hegner property on the river. Mr. Kelly informed that when the P&Z gave their initial approval of the preliminary plat, the Hegners were told that they were to supply drawings to each of the Council members and the Mayor. Apparently this has not been done, so the Council’s consideration of the plat approval was not on tonight’s agenda.

After some discussion and with no further questions forthcoming, Mayor Cooke asked that the ZEO Report be approved as submitted. There were no objec- tions, so Mayor Cooke noted approval.

__________

Some discussion ensued regarding the Police Report. Mr. Goff commented that he was very glad to see the speed monitoring sign on Bush Road recently.

Mr. Arakawa asked Officer Dunlap to call him if he could be of any help with the crime prevention program. Officer Dunlap plans to set up two separate meetings to inform and initiate the program.

After some discussion and with no further questions forthcoming, Mayor Cooke asked that the Police Report be approved as submitted. There were no objec- tions, so Mayor Cooke noted approval.

__________

Mr. Kitchens asked Bob Flaherty, the Director of Public Works, about the types of seedlings he has received. Mr. Flaherty said he currently has 2000 short leaf pine seedlings. He feels he can create a temporary berm with trees that are a bit larger than seedlings.

Mr. Flaherty informed that Mr. Frank Stevens is waiting on the City’s response to the County’s offer to replace the trees that were unnecessarily taken down on the right-of-way of Peachtree Industrial Blvd.

After some further discussion and with no other questions forthcoming, Mayor Cooke asked that the report of the Public Works Director be approved as submitted. There were no objections, so Mayor Cooke noted approval.

COMMITTEE REPORTS:

Reports of the following committees were discussed:

Financial Affairs Committee - Kelly Goff

Ordinance Enforcement & Emergency Management - Tom Kitchens

Traffic Control Committee - Tony Arakawa

Gwinnett Municipal Assoc. Meeting - M. Cooke & T. Kitchens

__________

Mr. Goff reported that Mr. John Rockers has resigned from the Financial Affairs Committee due to work commitments and job related travel. His contributions were excellent, and he will be missed.

__________

Mr. Kitchens reported that there was no meeting of the Ordinance Enforcement Committee in December. There will be an Emergency Management meeting this Saturday from 9:00 a.m. to about 1:00 p.m. Mr. Frank Daniell will present a session that will help the City government and the community handle an emergency.

Regarding the warning sirens, apparently the grant has been approved, but Mr. Kitchens wants to see something in writing before moving forward with the project.

__________

Mr. Arakawa reported that he has a meeting tomorrow with a traffic signal engineer who works for the County. Will be looking at the impact reports for both N. Berkeley Lake Road and S. Berkeley Lake Road where they intersect with Peachtree Industrial Blvd. (PIB).

Traffic issues involve the lights at both N. Berkeley Lake Road and S. Berkeley Lake Road. The light at N. Berkeley Lake Road needs to have a left turn arrow for turning onto PIB to go north. The light at S. Berkeley Lake Road needs a left turn arrow and is much too quick - only two or three cars can cross before it changes.

Have been advised that N. Berkeley Lake Road is under significant review with respect to a turning lane from Buford Highway to allow cars to turn right onto PIB, which will eliminate some of the confusion at that intersection. Also, the widening of PIB is being reviewed, which will have an impact in terms of how this intersection is reconstructed. The main issue for Berkeley Lake is to have a left turn arrow.

__________

Mayor Cooke reported that five representatives from the City attended the Dec. 17 Gwinnett Municipal Assoc. meeting. The only two items of business were an update on natural gas services by George Fender of the GMA and a brief update on sales tax collections by Charlotte Nash, the County Administrator.

Mr. Levinson plans to attend the February meeting of the Gwinnett Municipal Assoc. to represent the City. Mrs. Ruys said it will be a popular meeting because Mr. Hill will be addressing the Assoc. on the "State of the County."

CITIZENS COMMENTS

Mr. Nick Lore (50 Lakeshore Drive) presented that a rather loose society called the Purple and the Blue has been formed. This is a society dedicated to the protection of birds - particularly Purple Martins and Blue Birds - in the City and the providing of adequate nesting sites to encourage them to live here.

He explained that the slope of the dam offers an excellent site for natural feeding of Purple Martins because they eat thousands of insects, especially mosquitoes, and must have an open area to swoop and dive for them. Mr. Lore is asking for permission to place about eight Purple Martin houses on the dam.

Mr. Lore has been asked by citizens of the community to get the Greenspace dedicated as a bird sanctuary. Advised that he is looking into that.

WORKING SESSION

BUDGET ORDINANCE AMENDMENT:

Mr. Levinson motioned for a second read and adoption of the Budget Ordinance amendment as submitted. Mrs. Ruys seconded, and vote for approval of the motion was unanimous.

Mr. Levinson asked for clarification of the changes on the Budget Ordinance submitted for a second read. Mr. Goff explained that the $12,500 deduction in Roads Maintenance was eliminated due to a $13,000 bill from Environmental Design. This means the addition to Contingency will be only $12,267.

ZONING ORDINANCE AMENDMENTS:

Mr. Goff motioned for a second read and adoption of the Zoning Ordinance amendment as recommended by the P&Z Commission. Mr. Kitchens seconded, and vote for approval of the motion was unanimous.

BLHA SILTATION REMOVAL PROPOSAL:

Elizabeth Branstead, President of the BLHA, addressed the City Council saying that the Association would like to present their plan for removal of the silt from the lake. She turned the meeting over to Joe Voyles (630 Lakeshore Drive).

Mr. Voyles informed that there is about 5000 cubic yards of silt that needs to be removed from the lake - about 4000 cubic yards from Paradise Cove and about 1000 cubic yards from "Little Creek" Cove. This amounts to about 500 dump truck loads of material. The problem is what to do with this silt - no one wants this much.

It has been suggested that this silt could be pumped to the large end of the lake where it would cover an area on the bottom of the lake about the size of a football field with three feet of silt. Mr. Voyles presented that this silt is very rich soil and could be used to terrace and enhance the FPR property across from City Hall and the Chapel area to give the "center" of the City more appeal.

He suggested that long tubes of the silt removed by the process which packs it into large bags that can be of any shape and which deteriorate over time, could be placed at the water’s edge along the top of the dam to prevent erosion. Also, suggested this silt in such holders could be placed along the Chapel shoreline and along the lake shoreline to build up homeowners waterfront. The bags are of such a material that they could be hydroseeded and would quickly become unnoticeable. Would deteriorate in about 10 years.

Mrs. Lucas (10 Lakeshore Drive) commented that she was definitely against the idea of placing this material in front of private homeowners property. Felt this was simply making the problem of one group of homeowners the problem of another group.

Mr. Flaherty indicated that he would like to work with Mr. Voyles on possible options for using the silt. Mr. Levinson motioned that the City Council direct Mr. Flaherty to review the proposals being presented and, as appropriate, other circumstances where this silt might be used and report back to the City Council. Mrs. Ruys seconded.

Some further discussion ensued as to how the silt might be used. Mr. Levinson proposed to amend his motion to add that Mr. Flaherty’s review of the proposals be made a priority and that he should report back before the next City Council meeting. Mr. Arakawa seconded. The vote for approval of the amendment to the main motion was unanimous. The vote for approval of the main motion with the amendment was unanimous.

It was suggested that a liaison from the City Council would be helpful in determining how to use the silt. Mr. Goff and Mr. Kitchens volunteered to attend the BLHA meeting scheduled for Monday night, the 18th at the fire station.

GWINNETT COUNTY EFFLUENT LINE:

Mr. Goff informed that several of the Council Members were at the meeting with Chairman Hill of Gwinnett County. They apologized profusely for their subcontractor who was working on PIB on our Greenspace property prior to the time they should have been there. The subcontractor was in the wrong place at the wrong time. The contractor almost got fired over the incident. Berkeley Lake had been promised that every care would be taken to do the work efficiently and practically, and then this happened.

The County has written a letter to the City guaranteeing that there will be direct supervision of work inside the City limits at all times, that they will help the City recover the torn up land with trees, and have agreed to help the City, through the errant subcontractor, plant other trees than the ones we got from the Forestry Commission. Additional silt fencing will be put into place during the pipeline installation, and every other erosion prevention measure available will be used as appropriate.

Mr. Levinson motioned to accept the proposals from the County (Items A through G), not accepting monetary compensation. Mr. Goff seconded, and vote for approval of the motion was unanimous.

A landscape plan will be developed by the County and will be presented to the City officials for their approval before any restorative work will begin.

EMERGENCY PLANNING MEETING:

Mr. Kitchens reviewed that Mr. Daniell will ask the Berkeley Lake City officials what they would like in an emergency response plan and will give some direction as to how to get there. It will be an interactive session.

CITY PLANNING MEETING TOPIC:

The meeting is planned for January 24. Mr. Levinson will be chairing the meeting. He explained the meeting is to explore any and all ideas as to how to balance the City’s financial obligations against the understandable desire to minimize property taxes.

NEW BUSINESS

BIRD HOUSES ON DAM:

Mr. Goff motioned to allow the placement of the bird houses on the Dam (as proposed by Mr. Nick Lore). Mr. Kitchens seconded the motion.

Mr. Carothers suggested calling the Safe Dams Division of the Department of Natural Resources for their approval before proceeding.

Mr. Levinson amended the motion to add, "Subject to approval of the safe dams officials." Mrs. Ruys seconded the motion. The vote for approval of this amendment to the main motion was unanimous. The vote for approval of the main motion with the amendment was unanimous.

CITY TREASURER & CITY CLERK POSITION ORDINANCE:

Mr. Goff motioned for a first read on an ordinance to establish the separate position of City Treasurer. Mr. Levinson seconded the motion.

Mr. Levinson reviewed that the job descriptions of City Treasurer and City Clerk have been altered somewhat to include some of the things from the old position descriptions that were not included in Miss Marcie’s job descriptions. Most notably those were the requirement that the documents kept by the City Clerk be indexed in such a way that they are readily retrievable and to clarify that the City Treasurer maintains a standard Chart of Accounts and is the recipient of all monies due the City.

The vote for approval of the motion was unanimous.

APPOINTMENTS FOR 1999:

Mr. Arakawa will be revising the job description for the city police to bring it in line with previous discussion - to get the police more specifically involved with the community and ordinance enforcement. Also, Mr. Kitchens will be looking at the job descriptions for City Engineer, the Zoning Enforcement Officer and the Director of Roads and Public Works with an eye to eliminating overlap of these positions.

Mr. Levinson commented that it is his assumption that if the ordinance to establish the separate positions of City Clerk and City Treasurer passes on a second read at the February meeting, then the position of City Clerk/Treasurer will have been eliminated as of that date. New appointments to the two offices will need to be made at that time.

Miss Marcie indicated that if a candidate for City Clerk is not available in February she will continue handling the combined duties, but not beyond the end of March.

With the consensus of Council, Mayor Cooke would like to reappoint Mr. Richard Carothers as City Attorney, Mr. Earl Duckett as City Engineer, Stan Kelly as Zoning Enforcement Officer, the current Planning Commission members, Marcie Zielazienski as the City Clerk/Treasurer, Bob Flaherty as Director of Roads and Public Works, and Ray Dunlap as the City police officer. Mr. Levinson motioned to confirm the appointments. Mr. Goff seconded the motion.

Mr. Kitchens wished to confirm that these appointments can be changed by ordinance even though they have been confirmed. After some further discussion Mr. Levinson suggested that the vote for the confirmation of the appointments be postponed until after the Executive Session. He withdrew his previous motion to confirm. Mr. Goff withdrew his second to the motion.

COMMITTEE APPOINTMENTS:

Mayor Cooke thanked Mr. Levinson and Mrs. Ruys for the work they did on the City Charter. She then made the following committee chair appointments:

Traffic Control - Vehicular, Bicycle & Pedestrian Mr. Arakawa

Emergency Management/Ordinance Enforcement Mr. Kitchens

Financial Affairs Committee Mr. Goff

City Code Revision Committee Mr. Levinson

Children’s Park Enhancement Mrs. Ruys

Mr. Goff motioned to confirm the committee appointments. Mr. Levinson seconded, and vote for approval of the motion was unanimous.

MAYOR pro tem ELECTION:

Mr. Goff motioned for Mr. Levinson to be the Mayor pro tem. Mr. Kitchens seconded, and motion was approved by majority vote of four Council Members. Mr. Levinson abstained.

MEETING REFRESHMENTS:

Mr. Levinson motioned to have coffee, soft drinks and snacks at City Council meetings and to let citizens know that. Mrs. Ruys seconded. Mr. Levinson suggested that the Council Members rotate this responsibility. Suggested that the cost would be about $20 per month.

Mr. Levinson amended the motion to say that the responsibility for providing such refreshments be rotated between all City officials, the Mayor, and the employees. Vote for approval of the amendment to the motion was unanimous. The vote for approval of the main motion with the amendment was unanimous.

Miss Marcie volunteered to take this duty for the February Council meeting.

EXECUTIVE SESSION:

Mr. Levinson motioned for the Council to go into Executive Session for the purposes of discussing personnel matters, land acquisition & potential litigation. Mr. Arakawa seconded, and vote for approval of the motion was unanimous.

After the Executive Session the City Council Meeting was resumed. No citizens were present. There was a general consensus to postpone the official appointment of the employees until after the new job descriptions are revised and approved.

THERE BEING NO FURTHER BUSINESS, MR. LEVINSON MOTIONED FOR ADJOURNMENT. MR. ARAKAWA SECONDED, AND VOTE FOR APPROVAL WAS UNANIMOUS. THE NEXT CITY COUNCIL MEETING IS SCHEDULED FOR FEBRUARY 11 AT 7:00 P.M.

Respectively submitted,

Marcie E. Zielazienski

City Clerk/Treasurer