CITY OF BERKELEY LAKE

4040 BERKELEY LAKE RD. BERKELEY LAKE, GA 30096-3016

CITY COUNCIL MEETING November 12, 1998

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

Acting City Attorney - Bill Coolidge

Public Works Director - Bob Flaherty

Zoning Enforcement Officer - Stanley Kelly

City Clerk - Marcie Zielazienski

CITIZENS - Approximately 30

Mayor Cooke called the meeting to order at 7:00 p.m. She welcomed everyone and invited everyone to participate in the decorating of the City Hall/Children’s Park area on November 21 and 22. The lighting ceremony is planned for November 27 at 6:00 p.m.

APPROVAL OF FINANCIAL REPORT:

Mr. Goff noted that the City ended the fiscal year with $133,000 surplus, which will go into reserve and may be used to cut future taxes. With no further comments or objections forthcoming, vote for approval of the financial statement for October was unanimous.

STAFF REPORTS:

Zoning Enforcement Officer (Mr. Kelly) - Some discussion ensued regarding items on the Zoning Enforcement Officer’s report. Mrs. Ruys referred to the list of the erosion control measures done for Berkeley Commons and Berkeley Walk. She would like some sort of estimate of where these measures were installed. Regarding the formula for determining compliance with the Tree Protection Ordinance, Mr. Levinson asked if he could accompany Mr. Kelly the next time he checks a property. Would like to better understand how the computations are made. Mr. Kelly indicated he will notify Mr. Levinson when next making a tree density analysis. With no further questions forthcoming, Mayor Cooke asked that the report be approved as submitted. There were no objections, so Mayor Cooke noted approval.

Police Report (Officer Dunlap) - Mr. Arakawa inquired about the speed detection device that was being used in the City recently - seemed to have a good effect on slowing the traffic down. The device had been placed at the bottom of the dam so people coming off the hill could see how fast they were moving. Office Dunlap explained that there were only a couple of these devices available to the police. He hopes to get it back again in the very near future. Mayor Cooke said the residents in River Mansions would like to get the speed display device on Bush Road when it is back in the City. Mrs. Ruys inquired as to whether River Mansions is receiving extra coverage and visibility due to concerns about some vandalism in the area. Officer Dunlap noted that each officer has been told to make two trips through each subdivision while they are in the City. With no further questions forthcoming, Mayor Cooke asked that the report be approved as submitted. There were no objections, so Mayor Cooke noted approval.

Director of Roads and Public Works (Bob Flaherty) - Tom Kitchens indicated that Mr. Flaherty had passed out some prints to show the path of the 48” sewer line that will be coming down from Buford, through the City. Mr. Kitchens said he really wanted to take exception to these plans as it was his understanding, when the engineer presented the plan, that the pipeline would either go down the middle of Peachtree Industrial or there would be no impact to private property on the City side of this road. Mr. Kitchens stated, for the record, that he really opposes what he sees in these plans. He has studied them and wants it to go on record - to present to the City Council and to the citizens that the community of Berkeley Lake should not receive what is being proposed. There will be a lot of problems with a potential, serious siltation of the lake and disruption of business on the South side of the City. Mr. Flaherty explained that he felt concerned at the last meeting, when Mr. Frank Stephens said he didn’t have any plans with him to show the path of the line. Mr. Stephens kept saying that they planned to work within the right-of-way. When they moved the line to avoid the culvert, they were benefiting themselves in the cost of construction, and they were staying within the right-of-way. However, the plans show that beyond the Greenspace (behind the large settling pond) and toward commercial property there, they do wander down the slope onto private property. Mr. Flaherty further explained that the plans show a 10’ construction easement, which means the City loses these 10’ of vegetation, which may possibly stretch to 15’ or 20’. Since there is an easement on the plans, Mr. Flaherty inquired if the City Council had accepted that easement. (Council indicated that no such easement had been approved.) Mr. Kitchens and Mr. Flaherty reviewed that the pipeline crosses under from the northeast side of Peachtree Industrial Blvd. towards the Greenspace at about a 45 degree angle. The plans show the line to begin on the City side about half way down the length of the Greenspace from North Berkeley Lake Road. The line will then proceed down the slope toward the pond. About 1/4 of a mile of the right-of-way on Peachtree Industrial is involved in the plan. This is about the entire length of the City on that side. Mayor Cooke said she has asked the City Attorney to look at what process the City should follow to raise some kind of legal objection and to restrain them from proceeding as planned. Some discussion ensued. It was suggested the City Engineer be asked to review the plans. Concern was expressed that the plans may as well be “cast in concrete” so the emphasis should be on watching the contractors carefully to make sure they stay within the right-of-way on Peachtree Industrial Blvd. The contractors could easily come in and clear 15’ or 30’ if no one is watching. Once the vegetation is gone, all the protest in the world will not bring it back. Some confusion was expressed because the City Attorney had indicated at a previous meeting that the line had been moved to the other side. Patti Muise, our County Commissioner, had also said the line had been moved. Now, the plans show this is not the case. Mr. Coolidge informed that since the information previously given appears to have been changed, then the City Attorney will have to investigate it and report back to Council with the findings. Once this has been done, then Council will be in a position to take whatever action advisable. It is definitely true that if there is any City property that is required for an easement, they cannot just go in and take it or use it. Approval would have to be obtained first. On another matter, Mr. Kitchens informed that he has been asked by the president of the Berkeley Lake Homeowners Assoc. (Liz Branstead) if the Council would consider the possibility of allowing some of the silt, which is to be removed from the lake, to be distributed in the Greenspace. The Association can reduce the cost of the removal greatly if the silt does not have to be hauled far. Mr. Flaherty informed that he can use a great deal of silt (dirt) on the right-of-ways and in other areas in the City. He said this soil should be appropriate for his needs and will support vegetative growth. Mrs. Ruys asked Mr. Flaherty if he is aware that a new water line is being installed on South Berkeley Lake Road. He said he is aware of this and that this is a good thing. The old line is weak and not adequate for the amount of homes it must now supply. With no further questions forthcoming, Mayor Cooke asked that the report be approved as submitted. There were no objections, so Mayor Cooke noted approval.

COMMITTEE REPORTS:

Mayor Cooke reminded that it has been determined that all reports will be distributed in advance of the meetings to give Council Members adequate review time.

CITY HALL UPDATE - Mrs. Ruy’s report was distributed as directed. She said she has no new information to add. There was a unanimous consensus of Council that the City Hall looks great! Mayor Cooke inquired about the installation of the security system - where does that stand. Mrs. Ruys said the security system information had been returned to her this evening. Right now, because there was a deadline for the prices that had been quoted, it will be necessary to start over with the obtaining of bids to see if a good price can be obtained again.

FINANCIAL AFFAIRS - Mr. Goff informed that this committee had gone over the October financial report. Members agreed that another $100,000 Certificate of Deposit should be obtained, so he has negotiated with another bank for a 5.75% interest rate - extremely high right now. The City now has one CD at 5.9% and one at 6%. The obtaining of this new one at 5.75% should help us meet the goal of $50,000 in interest as opposed to $30,000 in the previous fiscal year. This is another step toward reducing taxes. Mr. Kelly reported that there are some line items on the budget which the Committee would like to reduce (report attached to these minutes). These reductions are being proposed for consideration by Council.

ORDINANCE ENFORCEMENT - Mr. Kitchens reported that this committee has refocused to consider only literally the enforcement of the ordinances. Met on the 29th of October to pursue the redirected direction on proposals to enforce ordinances. At this point each member has an assignment to bring back to the next meeting a way which can be proposed to Council to enforce ordinances and to take into consideration all ordinances that are presently in place - those that have been improved and those that the City is currently functioning under. It will probably take about two months to get through this process, and then a report will be submitted to the City Council for review.

EMERGENCY MANAGEMENT - Intend to meet with Frank Daniell, who is the Emergency Management Team Coordinator for Gwinnett County. In working with the Mayor, it has been determined that the best way to implement the plan is to have him meet with at least City Council Members and/or the Mayor and the presidents of the homeowners associations to present to them the best way to create and use an emergency management team for Berkeley Lake. Mr. Daniell’s schedule has not allowed him time to meet with us up to this point due to his responsibilities resulting from the tornado disaster. He hopes to be able to establish a schedule before the end of the year. When he does, a letter will be sent out to each of the homeowners association presidents inviting them to the meeting, and the present- tions will be made then. The suggestion will be to address issues which will affect our City (active participation versus passive) from the emergency management perspective. Mayor Cooke said she would like to have something in place before the winter months are upon us. Regarding the early warning sirens, Mr. Kitchens reviewed that he was asked to pursue a grant potential from the Federal Government, FEMA, to install an early warning system for Berkeley Lake. Applied for the grant, which was approved, to put in place two sirens. These two (2) sirens would be an early warning system, which would be erected on two poles, strategically placed within the City to alert all citizens of hazardous weather conditions or man-made chemical spills, etc. (anything of an emergency nature) within our city limits. The warning system would be operational 24 hours a day. This is possible because of a coordinated effort with the City of Duluth. They have a police force that works around the clock, so there could be an early warning should there be a hazardous condition. The grant obtained was about a $25,000 grant, 75% of which is supported by the Federal Government. The other 25% will have to be paid from the City treasury. The only item left to stop the implementation of the plan is to have the Historic Preservation Society of the State agree to where the poles will be placed to insure that the environment will not be disturbed from a historical standpoint. This will happen within 30 days of the approval. Mayor Cooke informed that there was an official ceremony on Wednesday, the 28th of October. The Director of the Georgia Emergency Management Agency, Gary McConnell, came to the City Hall to present the grant. The mayors of Duluth and Suwanee were also present to receive grants for their cities. Mr. Levinson inquired if the City’s 25% obligation was included in this year’s budget. It was determined that it was not. Mr. Kitchens said that it is a process whereby, if the grant applied for is granted, the 25% is an “after the fact kind of thing”. The government has agreed to 75% of a $25,000 proposal. He has already gotten Georgia Power to donate two of the poles and is trying to get someone to give a reduced rate to install the poles. This will keep the City’s portion of the 25% expenses down.

TRAFFIC CONTROL - Mr. Arakawa reported that there are some signs that the traffic control measures are effective. They are bringing caution to the traffic, especially the pass-through traffic. One major issue that is being addressed is the intersection at N. Berkeley Lake Road and Peachtree Industrial Blvd. (PIB). When trying to turn left onto PIB, there is no left turn signal. Brought this to the attention of Brian Allen, the Director of the Gwinnett County Dept. of Transportation, and he is sending out Steve Randall to take a look at it with Mr. Arakawa to determine the level of safety hazard that exists there. Mr. Arakawa has seen several major, near accidents at this location. Mrs. Ruys asked Mr. Arakawa to also talk to Mr. Allen about the light at S. Berkeley Lake Road and PIB. There is no left turn arrow, and that whole light there is so short that only two or three cars can turn. It is very, very quick. Mr. Arakawa informed that he is putting more focus into grants. The TEA 21, which is the Transportation Enhancement Community, is something that Roxanne Cashdan, President of the Miramont Homeowners Assoc., and he looked at during the City Vision planning session. A proposal was formally submitted but was not accepted. They said to try again around February. The funds were already allocated to other applicants. Have all the forms and am ready to submit again (for bicyclist, for pedestrians, for enhancement of the lake, mitigating around the environmental conditions of the lake, etc. - a lot of positive things that we are very congruent with as far as meeting their criteria). Mrs. Ruys suggested to Mayor Cooke that since Mr. Arakawa is working so much with grants right now and since the traffic control is winding down a bit, perhaps his focus could be changed to the pursuit of grants. He has expertise in filling them out so maybe could be in charge of this. Mr. Arakawa said he would appreciate this. Having made contact with a couple of people at the Georgia Municipal Association, who are informed regarding grants, feels certain there is a lot of opportunity out there.

HOMEOWNERS ADVISORY BOARD - Mayor Cooke reported that there was a meeting on October 31st. The highlights of the meeting were faxed to all Council Members. Mr. Arakawa would like to know how Mr. Rockers concern, regarding the Council giving more direction with respect to committees, can be addressed. Is somewhat unclear - certainly open and would like to embrace whatever it is he would like us to do. The same sentiment was expressed by other members of Council. Mayor Cooke asked Mr. Rockers to comment. Mr. Rockers explained that he has only been involved with one committee, the Financial Affairs Committee. These concerns are only related to it - the direction that the members were given and the response that we received from our report on the budget. There was a lot of controversy surrounding that, but think the issues have been addressed. Believes we are already seeing clearer direction now in the later meetings so, hopefully, that will continue. Mayor Cooke reviewed that she did write a set of directives for all the committees when they were first formed. These directives were given to all the chairmen, and hopefully, they were passed on to the committee members.

Regarding an official process for handling citizens concerns or complaints pertaining to zoning and/or development issues, Mayor Cooke said the first step would be to talk with the developer. The second step would be to speak with the City Zoning Enforcement Officer, Mr. Kelly. The third step would be to bring the matter to the Mayor. If there is no satisfaction received in taking those steps, then the matter could be brought to the City Council. Would be happy to put anyone on the agenda. Hopefully, if there are several people involved, then they could get together and appoint a spokesperson to speak for all of them. Mrs. Ruys suggested that since the developers are nearly “out of town” now, the first step may not be valid anymore. Mayor Cooke said it is always valid no matter what concern that may come up regarding the building or development of the land - someone’s private lot or a subdivision that impacts on the citizens. The first step would be to speak with the person doing the developing. Mrs. Ruys wonders how to handle the situation if the developer has finished and has moved on. This developer, if contacted about a concern or complaint, is not going to assume responsibility for the problem. Some discussion ensued with it being generally determined that step one would be skipped over in most cases right now. However, more large scale development is expected in the future. Mayor Cooke informed that as far as development outside the City and some concerns expressed about the office park going up on PIB, the route would be to first speak with the developer, who is still there. The second step would be to speak with the County Department of Development and third the County Commissioner. A Civil suit would be a last resort.

GWINNETT MUNICIPAL ASSOCIATION REPORTS - Two meetings have occurred since the last report. Mrs. Ruys, who attended the October meeting, reported that this was the first meeting she has attended. Thinks it is good to have this opportunity to meet with officials from a lot of different cities - to be able to compare a lot of different ideas and a lot of different traditions in the way we are doing things. Was the only official there from Berkeley Lake, but noted that a lot of the cities had several persons present. Think that is good to have more than one in attendance. Thinks taking a spouse, who is not involved with the City, and having the City pay for their meal is a bit of a waste of money and is “cruel and unusual punishment” for the spouse.

Mr. Arakawa, who attended the November meeting, submitted some information to the Mayor on the Georgia Water Management Campaign. There were some rather fascinating speakers, which speak well for what this government is trying to do here in Berkeley Lake. One of the things that was clearly defined was that regionalism is a big factor with Governor Barnes, who is in position now. He looks at regionalism as being very important. The Atlanta Regional Commission will take on a lot stronger role than the adversary role that it used to have or a role that will have more impact in terms of policy and legislation. A lot of grants will be issued for wetlands, reforestation, and water resource management. The two speakers spoke about the specific grants that are available and the 2600 tributaries that run through Georgia. It was rather fascinating to find out that there are so many headstarts, which begin in the State and flow down to the Gulf. There is a lot of controversy as to how the water is being allocated in Georgia, but policy and planning is one of the main criteria’s of this group, and they are willing to come and talk to us. We have a lake that is being impacted and some issues of the Chattahoochee that will be identified. Has information for anyone that may be interested.

CITIZENS COMMENTS:

Chet McQuaide (3455 Kingsland Circle) - In August the Mayor and Council authorized the formation of the Berkeley Lake Woodland Restoration Team. Wish to give a report on activities to date and planned future activities. The team has been formed. Members are Tony Arakawa, Liz Branstead, Bob Flaherty, Alyce Byrne, John Rockers, Steve Smith, Chuck Wilkinson, Charlie Perill, Sherry Ruys, and himself, Chet McQuaide. The first activity of this team was to organize a City seminar on Saturday, October 10th on landscape consideration and reforestation and repair of storm damaged trees. Had Jane Bath, a landscape designer and Ed Raines, an arborist, to speak with us. There was a tree planting demonstration with a tree being planted out by the exit road from the Chapel. Went to the New Beginnings ceremony at Pinckneyville Park. Do not know exactly how many trees the City will be receiving as a result of this activity estimate that it is in the neighborhood of 500. Part of these trees have already being received by the Berkeley Walk subdivision. Berkeley Commons was represented there and received some larger trees. Planting will actually take place this Saturday, with the help of some volunteers. This program was entirely free to the City - sponsored by Northside Hospital, Gwinnett Clean & Beautiful, Gwinnett Parks Assoc., and a number of other organizations including State Farm Insurance. By their involvement, they have made an outstanding contribution to the environment. Now that this activity is nearly completed the focus will be redirected towards obtaining Tree City USA status. The goal is to get that application in as soon in the coming year as possible, hopefully in the first quarter. There have been some creative suggestions as to how to deal with the budgetary requirements, i.e., there is a requirement by the National Arbor Day Association that approximately $2.00 per capita of the budget be dedicated to tree faro for the City. Believe that the existing budget, properly interpreted, may already cover that. Noted that there was an article in the paper last month indicating that Duluth was able to obtain a $75,000 grant as a direct result of their having Tree City USA status. The overall impact of individual subdivision reforestation activities probably will result in about 3000 trees in place by the end of January that were not in place at the beginning of September. Mr. Kitchens asked who will head up the planting of these trees. Mr. McQuaide explained that the New Beginnings Organization is providing a forester and some volunteers, and each subdivision is coordinating this separately. He said that the County coordinator of this effort has been most helpful. He noted that Mr. Arakawa, Mrs. Ruys and Mr. John Rockers should have credit for the involvement of subdivisions other than Berkeley Walk. It was through their efforts and promotion of the program that other people got involved. Mr. Arakawa thanked Mr. McQuaide for all he has done. Mrs. Ruys pointed out that Liz Branstead was very helpful in the beginning of this effort. Ms. Branstead got to the organization just before the deadline and told them that we need some trees. If this hadn’t done that, we would have all been out of luck.

WORKING SESSION

RIVER MANSIONS STREET LIGHT LETTER:

Mr. Goff motioned to accept the letter draft prepared by the City Clerk. Mr. Arakawa seconded the motion. Mrs. Ruys suggested that Item # 2 under the procedure to obtain a reimbursement was a bit unclear - sounds a bit like the City is putting a four year cap on the return of the street light assessments paid to the County by the residents of River Mansions. Mrs. Ruys motioned to amend the motion. To add a line to say that the County has provided the City with payment records for the property owners in River Mansions for the past four years. Mr. Levinson seconded the amendment to the motion. With no further discussion on the amendment, vote for approval was unanimous. Mr. Kitchens noted that each individual owners shall provide whatever documentation the owner has, including property deeds and assessment notices. Mr. Kelly noted that there should be a limitation that this refund be made to the current owner of the property and not in perpetuity to whoever bought the property originally. Some discussion ensued. Mr. Kitchens proposed that the motion be amended to state that in Item # 1 the word “whatever” be removed and to say that each “current” owner shall provide assessment notices. Vote for approval of this amendment to the motion was unanimous. Mr. Levinson motioned that Mr. Goff’s motion be amended to change the wording to say that “the City will reimburse current property owners”. Vote for approval of this amendment to the motion was unanimous. Mayor Cooke reviewed the original motion and the amendments. With no further discussion forthcoming, vote for approval of Mr. Goff’s motion as amended was unanimous.

ATLANTA GAS LIGHT FRANCHISE FEE ORDINANCE:

The ordinance was approved for a first read in October. Mr. Goff motioned for a second read and approval of the amendment to the Atlanta Gas Light Franchise Agreement. Mr. Levinson seconded the motion. Vote for approval was unanimous.

CITY CHARTER UPDATE:

Mr. Levinson pointed out Section 3.31. Noted that there are two things that are not in the Charter, i.e., the duty of tax collection is not designated nor is there any provision for the distinct position of City Treasurer. This wording can be added if there are no substantive concerns by any members of Council. Mr. Carothers has been asked for his suggestions for such wording. These duties are mentioned in the City Code, and the Charter enables the City Council to establish other positions. If there needs to be some discussion, then a special meeting can be arranged for this purpose. The Mayor has suggested that the Charter be amended to say that Council consider changing the Charter to require a special election for filling the vacancies if the Council is unable to decide an appointment within a certain period of time. Suggested that this could be considered now or at the next meeting. Mr. Levinson does not feel this provision should be added to the Charter because it is the Council’s duty to fill any vacancies. If the Council doesn’t perform this duty, there are provisions for ousting the whole Council for not doing their job. Mrs. Ruys motioned to leave the wording unchanged from the old Charter. Mr. Levinson seconded the motion. Some discussion ensued with Mayor Cooke expressing concern about filling a vacancy in a timely manner. Mr. Levinson suggested that if Council cannot make up their minds until the next election and nobody cares, then nobody cares. Mr. Goff thought it might be advisable to give the process reasonable time - maybe two meetings - but have a provision for filling the vacancy. Mrs. Ruys pointed out that the current procedure has been in effect since the City Charter was first approved and there is no evidence that the procedure has ever been a problem. Vote was approved by “yea” vote of four council members. Mr. Kitchens voted “nay”. Mayor Cooke said she has spoken with Senator Price and Representative Coleman. They have asked that the City get the revised Charter to them as soon as possible.

CITY PLANNING MEETING:

Mayor Cooke informed that Mr. Levinson has agreed to chair a City Planning meeting on January 24th at 7:00 p.m. This meeting will be to hold discussions as to how to reduce the bond indebtedness and land acquisition along Peachtree Industrial Blvd. Some discussion ensued with no motion forthcoming. Mayor Cooke asked Mr. Levinson to get a flyer to announce the meeting to Miss Marcie when appropriate.

DEPARTMENT OF NATURAL RESOURCES GRANT ($12,500):

Mrs. Ruys has done some research to suggest that a number of parents who visit the Children's Park with their children would like to have a toilet facility (port-a-john) and a drinking fountain. Some lengthy discussion ensued resulting in a determination that the majority of those citizens present did not want to have a toilet facility at the Children's Park. Mrs. Ruys motioned to cross this suggestion off the list. Mr. Levinson seconded, and vote for approval was unanimous. Mrs. Ruys informed that she has considered a water fountain for the Park. Does not want to get involved in this installation now because the cold weather is supposed to close in and there would be problems of freezing in the lines. Ms. Ruys motioned to do away with the water fountain idea and move on to the next item on the list of items suggested by Ms. Norfleet of the Department of Natural Resources. Mr. Levinson seconded, and vote for approval of the motion was unanimous.

REVISIONS TO CHAPTER 39 OF CITY CODE (Zoning Ordinance):

The Planning and Zoning Commission has suggested some changes to the Zoning Ordinance. Some discussion ensued regarding 39-602 - Continuance of a Building occupied by a Non-Conforming Use. Mr. Goff feels that the 25% destroyed provision is much too restrictive. This amount of damage seems too low to have to go back and get a variance to rebuild. Suggested that the damage must exceed 50% of a structures replacement cost at the time of destruction. 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. Mr. Goff seconded, and vote was approved by “yea” vote of four council members. Mr. Arakawa voted “nay”. Mr. Levinson inquired about the boat house/dock restriction if an inlet is only a maximum of 75’ wide. Mr. Sipe, Planning Commission Chairman, explained that this is not something the Planning Commission wishes to change. This restriction has never been a problem.

CITY HALL RENOVATION:

Mr. Levinson motioned that the City Council authorize installation of a security system by Brinks if it can be obtained for the price quoted. Mr. Kitchens seconded the motion. Officer Dunlap commented that Total Security Systems does a great job. Suggested obtaining a bid from them. After some further discussion, the vote for approval of the motion was a unanimous “nay”. Mr. Goff motioned for City Council to accept the bid from Total Security as proposed, or less. Mrs. Ruys seconded the motion, Vote for approval was unanimous.

CRIME PREVENTION FLYER (Officer Dunlap):

Officer Dunlap noted that the voice-tel number put in the newsletter last month dropped off the area code. No one could leave a message. Would like to send out a new flyer to announce this totally free seminar put on by the Gwinnett County Crime Prevention Program. Mr. Levinson motioned for a flyer explaining the program to be sent out. Mrs. Ruys seconded, and vote for approval was unanimous.

NEW BUSINESS

MIRAMONT RETENTION POND REPAIR:

Mr. Jeff Cashdan (3449 Chaselton Court) was introduced by Mayor Cooke. He is here on behalf of the Miramont Homeowners Association and is presenting for his wife, Roxanne Cashdan, who is president of the association. He hopes that everyone will focus on what is good for the City long term and not focus on short term issues. Mr. Cashdan presented the information contained in Mrs. Cashdan’s letter to the Mayor and Council, dated November 5, 1998 (attached). To summarize, it is a request from the Association to the City of Berkeley to request that the City pay the $19,000 cost of the cleaning out the retention pond. This request is based on the premise that a member of the City staff gave direction that the pond should be cleaned out as soon as possible. Also, the Association can show that the pond was not in excellent working condition following construction, was not cleaned out following construction, and required immediate maintenance. The position of the Association as stated by Mr. Cashdan is that if City officials had adequately investigated the condition of the pond prior to releasing the construction bonds, these problems could have been addressed with Composite Properties and Ryland Homes at that time. He stated that the City should contribute because it is the right thing to do. The Miramont Association was mislead. Relying on the fact that the City indicated that everything was fine, this was not pursued at a time when our association had the most leverage with the developer and builder. A number of citizens from Miramont commented to the effect that they noticed some problems with the pond before Composite Properties and Ryland Homes were finished in the community. The homeowners presidents from Berkeley Walk, River Mansions, and the Berkeley Lake Homeowners Assoc. spoke in support of the Miramont request for reimburse- ment. The Miramont Association was commended for its response to a potential serious problem. At the conclusion of the presentation, Mr. Goff motioned to postpone the matter till the next meeting to allow the City Attorney time to give legal advice to Council. Mr. Levinson seconded the motion. Motion was approved by “yea” vote of four council members. Mr. Arakawa, who resides in Miramont, abstained.

BUDGET FUNDS ALLOCATION:

The City Clerk, on behalf of Susan Hanson, who has been taking care of the playground, asked for approval of a $20 monthly expenditure for trash handling to relieve Ms. Hanson of this responsibility. Mr. Goff motioned for approval of the $20 expenditure. Mr. Levinson objected to discussion of the question commenting that his understanding of the Code is that it is up to the Mayor to decide whether an expend- iture is budgeted or not - to determine where it belongs. He pointed out the Mayor’s spending authority for any single item, budgeted or not, is $1,000. Mayor Cooke referred Council back to Mr. Levinson’s “Objection to Consideration of the Motion”. Pointed out there is no second required to such objection. Mr. Levinson said he had not raised a formal objection. He does not think miscellaneous expendi- tures are something the Council needs to discuss in the future. Understands that the Mayor submitted a budget - a budget was approved. The Mayor now has a budget to live with, and if something fits into this budget somewhere, Council should not have to worry about it. This is the Mayor’s responsibility. Mayor Cooke pointed out that an objection to consideration of a question must be made immediately after a motion is put before the Council. Then the Council can simply vote on whether or not to consider this question. If not, then the whole matter will be dismissed. An objection to consideration of a question does not require a second. Therefore, would like to put the objection to a vote. Mr. Levinson clarified that his objection was not intended as an objection to the question. It was intended as part of the discussion. Mr. Goff withdrew his motion. In response to Miss Marcie’s request, Mayor Cooke reviewed that it has been agreed by all members of Council that the Mayor may deal with this matter so long as she does not go over $1,000 in expenditure or make over a 10% change in allocation of the budget items.

FINANCIAL AFFAIRS COMMITTEE RECOMMENDATIONS:

Mr. Goff reviewed that the Committee reviewed the budget at their Wednesday night meeting. There are nine line item expenditures that can be identified for possible budget cuts. The Mayor has reviewed the list and does not accept it as is. Mayor Cooke said she appreciates all the Committee is doing to try to reduce expenses and thanked Mr. Goff for their recommendations. The Mayor does not want to cut the City Attorney’s salary to $24,167 from $29,167. Some discussion ensued with regards to this expenditure. Mr. Levinson asked Mr. Coolidge if acceptance of these recommendations should be by motion or resolution. Mr. Coolidge explained that this is a setting of policy - the setting of a goal to try to save money and should be done by resolution. This resolution would not be binding. Mr. Goff made a motion to approve the resolution of the Financial Affairs Committee as may be amended by the Mayor and Council. Mrs. Ruys seconded the motion, and vote for approval was unanimous.

SEWAGE EFFLUENT LINE:

Mr. Levinson motioned to have the City Attorney formally object to the location of this line. Mrs. Ruys seconded, and vote for approval of the motion was unanimous.

MISCELLANEOUS:

Mrs. Ruys reported that the City’s Holiday party is scheduled for December 4th. Mayor Cooke is going to send out the invitations.

Ms. Branstead showed the prize winning photos which where shown in the last issue of Reflections. She asked if these photos could be placed in City Hall. There was a general consensus for approval.

Tom Kitchens commented that he has asked Mr. Coolidge to look into making the developer of the property of Pete Maltese (across PIB from Atlantic States Bank) get an erosion bond. Mayor Cooke said the County never requires an erosion bond because this discourages development. Mr. Kitchens motioned to have the City Attorney look into requesting a bond to insure that sediment is properly controlled during the performance of that development of the Pete Maltese property on the Northeast side of PIB and South Berkeley Lake Road. Mr. Levinson seconded, and vote for approval was unanimous.

Mr. Goff motioned to go into Executive Session to discuss pending litigation and personnel issues. Mr. Kitchens seconded the motion, and vote for approval was unanimous.

After the Executive Session the meeting was called back to order. No citizens were present and no motions were forthcoming.

THERE BEING NO FURTHER BUSINESS, MR LEVINSON MOTIONED FOR ADJOURNMENT. MRS. RUYS SECONDED, AND VOTE FOR APPROVAL WAS UNANIMOUS.

THE NEXT CITY COUNCIL MEETING IS SCHEDULED FOR DECEMBER 10 AT 7:00 P.M.

Respectively submitted,

Marcie E. Zielazienski

City Clerk/Treasurer