CITY OF BERKELEY LAKE

4040 BERKELEY LAKE RD.
BERKELEY LAKE, GA 30096-3016
PUBLIC HEARING
CITY COUNCIL MEETING
December 10, 1998

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 - Dick Carothers
• Public Works Director - (Absent)
• Zoning Enforcement Officer - Stanley Kelly
• City Clerk - Marcie Zielazienski

CITIZENS PRESENT - Approximately 4

Mayor Cooke called the public hearing to order at 7:00 p.m. The hearing was called to hear citizens comments on the proposed revised charter for the City of Berkeley Lake. This hearing was announced in the newspaper and in the Mayor’s newsletter which was distributed to all households in the community.

With no comments forthcoming, the public hearing was closed by Mayor Cooke. The City Council meeting was brought to order at 7:10 p.m.

The Invocation was presented by Mayor Cooke.

APPROVAL OF MINUTES:

The following corrections were noted for the minutes of November 12, 1998.

Page 2 - 7th paragraph, last sentence. Wonder should be changed to wander.

Page 6 - 1st paragraph. There is no left turn arrow, and the light is so short that only two or three cars can turn.

Page 9 - last sentence. Vote for approval of Mr. Goff’s motion as amended was unanimous.

Page 10 - 5th paragraph, last sentence. Change to "Motion was approved by "yea" vote of four council members. Mr. Kitchens voted nay."

Page 11 - 5th paragraph should read, "Mr. Levinson motioned for a first read of the Zoning Ordinance amendments with the change in 39-602 to 40% destroyed for the primary structure and 25% destroyed for accessory buildings. Motion was approved by "yea" vote of four council members. Mr. Arakawa voted nay."

Page 12 - last paragraph, last sentence. Change to "Motion was approved by "yea" vote of four council members. Mr. Arakawa abstained."

Mr. Levinson motioned for approval of the November 12, 1998 minutes with those changes noted. Mrs. Ruys seconded, and vote for approval of the motion was unanimous.

APPROVAL OF FINANCIAL REPORT:

Some discussion ensued regarding the monthly totals on the financial report. Mr. Goff explained that Peachtree Accounting or no other financial program is set up to handle a fourteen month year. Therefore, the months of November, December, and January will be handled as if one month to be able to work with a normal twelve month year. To avoid confusion, this fact will be noted on the financial statements.

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

STAFF REPORTS:

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

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

After some discussion regarding the report of the Public Works Director, Mr. Arakawa motioned for the City Attorney to send a letter to Stan Litton (385 Lakeshore Drive) stating what he must do to come into conformity with the City’s ordinance pertaining to driveway construction. Mr. Levinson seconded, and vote for approval of the motion was unanimous.

With no further 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
• Holiday Decorations Committee - Sherry Ruys
• City Hall Expansion Update - Sherry Ruys

Because the Financial Affairs Committee meets on Wednesday evening, the day before the City Council meeting, there has been some difficulty in producing a written report. Mrs. Delicia Reynolds has volunteered to use the excellent notes of Mr. Kenneth Massaroni to do a brief report for Council. Both are members of the committee.

Mr. Kitchens plans to schedule a meeting (2nd or 3rd week in January) with Mr. Frank Daniell of Gwinnett County Emergency Management. This will be a planning meeting with respect to how to handle a disaster in the City. The presidents of all the homeowners associations in the City will be encouraged to attend. The next thing would be to appoint a liaison person to work with the County for a coordination of efforts.

The Historical Society has approved the location of the emergency sirens. City will be paid 75% of the cost of the sirens by the Federal Government. One will be located at City Hall and another across from the Miramont pumping station on Lakeshore Drive. The City of Duluth is working with Berkeley Lake to provide siren warning systems and will give us 24 hour a day coverage through their police force. Fifty foot poles were donated by Georgia Power and will be erected by a private contractor.

Mr. Arakawa is working on the TEA criteria with a state representative. This is in regards to getting some funding for opportunities of connecting sidewalks, biking trails, etc. The application is due in February.

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 Peachtree Industrial Blvd. 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. Mr. Bill Powell, Gwinnett County DOT, and a County traffic engineer will be meeting with Mr. Arakawa in the early part of January to assess these problems.

Mrs. Ruys has completed her assignment on the Holiday Decorations Committee and has asked Mayor Cooke if she would like to dissolve the committee and reappoint a person next year. It was determined that this is a standing committee and would "stand" and become active when necessary.

Mrs. Ruys reported that the security system has been installed and is activated. After some discussion regarding the system, Mrs. Ruys motioned to have the system automatically armed each day at midnight. Mr. Levinson seconded, and vote for approval of the motion was unanimous.

To form a committee to determine how to spend the DNR grant, Mrs. Ruys will contact those persons who recently volunteered. 

WORKING SESSION 

Mr. Levinson motioned to adopt the resolution for adoption of the Charter as submitted. Mr. Goff seconded, and vote for approval of the motion was unanimous.

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Mr. Levinson motioned to table the second read on the amendments to the Zoning Ordinance until the next meeting. Mrs. Ruys seconded, and vote for approval of the motion was unanimous.

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A great deal of discussion ensued regarding recent clearing and grading on the Greenspace adjacent to the right-of-way of Peachtree Industrial Blvd. This grading

and clearing was done by a subcontractor performing work for Gwinnett County in preparation for the installation of the effluent pipeline from Buford to the Crooked Creek water treatment plant on Holcomb Bridge Road.

Gwinnett County officials are concerned that the City has suffered this unauthorized intrusion and have asked that the City provide its position on resolving the matter.

In response to this request, Mr. Carothers presented a draft of a letter to Ms. Charlotte Nash, Gwinnett County Administrator, which he asked Council to review. The following issues were discussed, and Mr. Carothers indicated he would finalize the letter accordingly.

• Pipeline should be moved to the easterly side of Peachtree Industrial Blvd. - The damaged area should be immediately regraded and hydroseeded to prevent erosion;
• The damaged area should be restored to a similar condition as before the grading and clearing. If the pipeline cannot be moved, then the disturbed area should be replanted and restored according to a landscape architect’s design with emphasis on screening from noise and light;
• Noise baffle fence should be erected due to loss of the natural tree buffer;
• The County and its contractor should assist with the labor to plant 4400 seedlings in the City’s greenspace area;
• The County and its subcontractor should present a specific plan to the City to prevent future problems associated with the construction of the pipeline;
• The City would like an erosion bond and an inspector (with the authority to direct the contractor) on site during all construction activities in the area of the City’s watersheds.

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After discussion relating to the environmental impact, Mr. Levinson motioned that the request of the Berkeley Lake Homeowners Association to spread some of the silt to be removed from the lake into the Greenspace be denied. Mrs. Ruys seconded, and vote for approval of the motion was unanimous.

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

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

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After the Executive Session the City Council Meeting was resumed. No citizens were present and no motions were forthcoming.

THERE BEING NO FURTHER BUSINESS, MR LEVINSON MOTIONED FOR ADJOURNMENT. MR. KITCHENS SECONDED, AND VOTE FOR APPROVAL WAS UNANIMOUS. THE NEXT CITY COUNCIL MEETING IS SCHEDULED FOR JANUARY 14 AT 7:30 P.M. A PUBLIC HEARING WILL BE HELD TO HEAR CITIZENS COMMENTS ON THE ZONING ORDINANCE AMENDMENTS AND BUDGET ORDINANCE AMENDMENTS.

Respectively submitted,

Marcie E. Zielazienski

City Clerk/Treasurer