CITY OF BERKELEY LAKE
4040 BERKELEY LAKE RD.

BERKELEY LAKE, GA 30096-3016
CITY COUNCIL MEETING
August 4, 1998

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

Council Members: Anthony Arakawa, Kelly Goff, Tom Kitchens, Sherwin Levinson, Sherry Ruys

City Attorney - Bill Coolidge for Dick Carothers

Mayor - Marguerite Cooke

Zoning Enforcement Officer - Stanley Kelly

City Clerk - Marcie Zielazienski

CITIZENS - Approximately 20

Mayor Cooke called the meeting to order at 7:05 p.m. She informed those present that plans are to hold all future Council meetings in the Chapel building. A lease agreement is being negotiated and should be for a mutual benefit. We look forward to making good use of this facility.

City Hall is being refurbished for more functional use, and to provide safe storage for a lot of our City documents and records, as well as other things.

Mr. Bill Coolidge, an associate with Carothers & Mitchell, was present on behalf of Richard Carothers, who was unable to attend this meeting.

INVOCATION BY ROBERT HOSKINS:

APPROVAL OF MINUTES:

The Mayor and City Council Members asked for the following corrections (boldface type) to the minutes of the July 7, 1998 City Council meeting:

Page 6, top line on the page - Daniell should be spelled Daniel;

Page 7, 4th paragraph - as up-to-date as it can be;

Page 9, bottom of page - second read and approval. . .;

Page 11, 2nd paragraph, the departure of he and Mrs. Mohr (not Mohr’s);

Page 12, 1st paragraph, should not include. . .;

Page 13, MediaOne franchise fee - should read that they are asking permission to include in their charges an additional amount. Should add a sentence after "to operate here". This sentence should be in there to explain the previous one. Add, This would in turn slightly increase the City’s revenue from MediaOne."

With no other changes noted, Mr. Goff motioned for approval of the minutes of the July 7, 1998 minutes, as corrected. Mrs. Ruys seconded. Vote for approval of the motion was unanimous.

APPROVAL OF FINANCIAL REPORT:

Mayor Cooke asked Council for approval of the financial report for June, 1998. Mr. Arakawa motioned to approve the June financial report as submitted. Mr. Kitchens seconded, and vote for approval was unanimous.

DIRECTOR OF ROADS AND PUBLIC WORKS REPORT:

Greenspace - Mr. Flaherty introduced Mr. Dale Higdon of the Georgia Forestry Service and Mr. Bob Head, Area Manager of Canal Wood Corporation and a Georgia Recreational Forester. He has asked Mr. Higdon and Mr. head to present the plans to do some salvage work in the Greenspace and to explain why this action is being recommended.

Mr. Higdon - The subject is the 63 acre tract, which is commonly referred to as the Greenspace. It was hit hard by the tornado in April. The Georgia Forestry Service did the Forest Stewardship Plan on the property last fall. A number of experts participated in formulating this plan, i.e., wildlife biologist, The Department of Natural Resources, and experts from the extension service in Athens. Recommendations were made as to what the City might consider doing with the property and how it should be managed.

We understand that there are different opinions regarding use of the property. However, the situation right now is that a tremendous amount of timber was blown down during the storm. There is an opportunity to get this wood out. The question has been asked by some people, "Why not leave it like it is?" This is an option, but there is primarily a lot of Oak species out there that would not decay in over a decade. The trees that are on the ground are shading out a lot of the new seedlings, so the recovery time is going to take longer.

What is being recommended is a salvage operation. This is not a logging operation, which automatically gives a perception of clear cutting. In this instance, the logger would go in there and not take anymore out than what is basically down, or in some cases, wood from trees which tops were snapped off or were seriously damaged.

Walked the property with Mr. Flaherty and Mr. Bob Head, who is the area manager for Canal Wood Corporation of Augusta and a Georgia Recreational Forester. Under- standably, the community does not want to do anything that would take away from the natural beauty of the property, but it is warranted to go in there. We have tried to select a logger that is suited to a salvage operation and to the sensitivity of the site.

Mr. Kitchens inquired what the extent of the removal would be. Mr. Head informed that the damage was primarily on the ridge that runs right through the middle of the tract. Eighty five percent of the damage that was done from the tornado was done in a 200 yard wide swath right through this ridge. There is almost no damage on the draws on either side. There is scattered damage along Ridge Road. Am guessing, there is somewhere in the neighborhood of 30 to 40 tractor-trailer loads of Oak, Pine, and Hickory, which is down, leaned over, or snapped off.

Mr. Higdon explained that one of the things they do not wish to do is put in a creek crossing. They do not wish to risk any kind of sedimentation problem whatsoever. Also, do not want to drag the logs a great distance to a loading area through areas that were not disturbed or bothered by the storm. Will put in a small loading area (1/3 to 1/4 an acre) on the ridge where most of the trees are down. There will need to be a small road in (wide enough for a tractor-trailer truck).

When the logging is finished, the entrance will be closed off by putting in a large berm to keep people from driving in. The disturbed areas will be seeded back in fescue and rye mix to prevent any erosion.

Mr. Kitchens inquired if there were plans to replant some trees. Mr. Head explained that this would be up to the City. There are some saplings that will be left, even in the heavily damaged areas. There is not a lot left, but it will seed itself in naturally - a lot of natural regeneration of popular, pine, dogwood, etc. From a wildlife standpoint, the re-growth will be good because it will provide plenty of cover and open areas for feeding on seeds, grasses, and berries.

A logger usually cuts trees to fall the same direction, which makes them easier to move and stack. On this property, trees will have to be turned around. The logger that is being recommended is a very small logger. He has small equipment and only does eight to ten loads of logs a day.

Many of these huge trees will have to be cut off their stumps. They will have to be limbed up, and in the case of the large Oak trees, the large top will have to be cut out to prevent as much damage as possible when the tree is turned around for removal.

Anticipate that the work will take approximately 3 to 4 weeks. The stumps, limps, and small tops will be left on site. Nearly 90 percent of the nutrients that a tree takes up are in the nettles, leaves, and small branches. Leaving these out there will be good for the property.

Mr. Arakawa inquired if the logger being recommended has done other operations of this type. Mr. Head pointed out that he has done this type of work in a number of other places where tornadoes have hit.

Mr. Flaherty explained that the mountains of mulch at the entrance to Ridge Road would be used to cover any ground left bare in the Greenspace. For now, ould like to leave this mulch where it is for the public to use, but as the land in the forest is disturbed, we can cover it up. Some of the mulch can be used along the right-of-ways also, if there is any left.

Some further discussion ensued. Mr. Higdon told Council that the salvage operation needed to be done now or the City would be paying someone to do it at a later date, if it was determined to remove the logs.

Mr. Goff inquired as to whether the fallen debris was a fire hazard. Mr. Higdon said there is a lot of fuel on the ground. If a fire were to get going in this area, not so much this year but maybe a year from now, when all that stuff has dried out, there is going to be the potential for the buildup of a lot more intense heat.

After some further discussion, Mayor Cooke informed that Council would take this matter up under New Business in the Work Session.

Effluent Line - Mr. Flaherty passed out material about the proposed effluent pipeline. Some discussion ensued as to where the pipeline could be laid. This pipeline will move treated sewage from the new facility in Buford to the Crooked Creek treatment plant on Holcomb Bridge Road for final treatment and release into the Chattahoochee. Mr. Flaherty indicated that he will be encouraging the county officials to keep the pipeline out of Berkeley Lake and away from this side of Peachtree Industrial Blvd.

Traffic Entering Road Warning Light - The installation of this light on South Berkeley Lake Road near the dam has been officially approved by Brian Allen, the Gwinnett County Director of the DOT. Construction will start in about two weeks. Will initially be the erection of the poles. The sensor wire will have to be installed in the pavement under the two affected driveways, and this is a separate crew. Do not have a date as to when the whole project will be completed.

Right-of-Way Maintenance - Mr. Flaherty informed that he is working with a couple of contractors for bids to maintain the right-of-ways. Feels more attention should be paid to grooming and upkeep - mowing is only addressing part of the maintenance necessary. The right-of-ways need much more attention than is currently being given. Mayor Cooke reminded that any contract negotiated must receive Council’s approval before it is awarded.

The areas on the right-of-ways where there is additional debris for pickup have been identified. A list and location map have been prepared. Miss Marcie has sent this list to Frank Daniell of Gwinnett County Emergency Management, because the County is supposed to handle the removal of the debris.

Pavement Repair - Mr. Goff reported that there are several places on City streets where the pavement is seriously damaged or is sinking. Mr. Flaherty informed that these areas are on a list which will go out to contractors for bidding.

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 apologized that he did not have a report in writing - has been ill. Has spent the majority of the time, when not patrolling the City, monitoring the traffic and speed on North Berkeley Lake Road. There was a drastic increase in the traffic on North Berkeley Lake Road because South Berkeley Lake was closed in front of the school. Cannot actually write any citations on North Berkeley Lake Road using radar or laser because of the grade. Thought police visibility would at least slow people down.

During the morning and afternoon peak rush hours was getting average speeds 7 to 12 MPH above the speed limit in the area of the Dam. Because this is the area where the law makes it difficult to write a ticket, Officer Dunllap is still working on a way to slow people down.

Mr. Goff said he has experimented by coming down the hill at the Dam with his foot off the break and his car shifted down to 2nd and found his car held the speed limit well. Inquired about the feasibility of putting up a sign to inform drivers to shift down. Officer Dunlap said this shifting down is not recommended for a car with automatic transmission. However, all cars are equipped with breaks. Disagree with the law regarding speeding on hills, but no one in law enforcement has been able to get anything changed yet. This law was enacted when Georgia had a reputation for being a speed trap, but the legislators are reluctant to let it go.

With South Berkeley Lake Road back open will now need to start doing some speed enforcement on this stretch of road. Will go back to the area of City Hall and monitor the traffic coming down the hill. Expect the citations to go up because people seem to be building up more speed coming past the school area due to the improved roadway there.

Wrote three citations this month, and those were for stop sign violations at Bush Road and South Berkeley Lake Road. Mrs. Ruys said she has watched a number of cars go through the stop sign at this intersection.

Mr. Levinson asked Officer Dunlap if he could give out more warning tickets. Officer Dunlap informed that he is reluctant to stop people if he cannot write them citations.

There is a gray area here for stopping people. Mr. Arakawa noted that people slow down when they see someone pulled over by a police officer. Believes the perception that this driver is getting ticketed will slow other drivers down.

Mr. Arakawa suggested that there might be 500 feet of distance from the corner at North Berkeley Lake to the first stop sign past Miramont, and if so this might be a good place to run some radar. Officer Dunlap agreed - maybe stopping cars in this area would slow the traffic before it gets to the hill at the Dam.

With no further questions forthcoming, Mayor Cooke asked that the report be approved as submitted. There were no objections, so Mayor Cooke noted approval.

APPROVAL OF ZONING ENFORCEMENT OFFICER’S REPORT:

Mrs. Ruys inquired if Mr. Kelly had received the letter from the Berkeley Walk Homeowners Association regarding getting their approval before a building permit is issued in Berkeley Walk. Mr. Kelly informed that with Berkeley Walk and River Mansions he submits a set of new house construction drawings to their respective homeowners association. The officers have an opportunity to evaluate the front and rear elevations and to make certain that the house conforms to the deed covenants of the subdivision.

This type of approval does not apply to garages, decks, etc. The Zoning Enforcement Officer assumes full responsibility for the approval of this construction. Construction in the City is done under the auspices of the County - inspections are handled according to the Georgia Code and must conform.

Mrs. Ruys wonders if there is not some way the ZEO could issue some sort of information sheet to the property owners informing that they must comply with the restrictions of the deed covenants in their subdivisions. Mr. Kelly informed that this is done automatically. When the homeowners association officers approve the plans, they sign the plans as being approved, and the property owner has this assurance that the plans comply with the deed covenants.

Mrs. Ruys said some people add onto their houses without benefit of a permit. Wonders what can be done in this case. Mr. Kelly suggested notifying the subdivision homeowners association and notifying him so he can inspect the construction to make sure it is in compliance with the rules.

Mayor Cooke inquired about Item "T", the property owned by David and Penny Hagner, adjacent to Mr. Henderson’s sod farm beside the river. Mr. Kelly informed that the Hagners wish to build a mini subdivision on this property of approximately 6.5 acres. The plans have been forwarded to the City Engineer, Earl Duckett, for his review and approval and to the Gwinnett County Health Department. As yet, have not heard from them The developer is awaiting these approvals - then must request a hearing before the Planning and Zoning Commission.

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:

CITY PLANNING MEETING - Mayor Cooke reported that a City planning meeting was held in the Chapel on July 18th. Mr. Bruce Green, a representative of the Georgia Municipal Association, was the facilitator of the meeting. The purpose was to develop a mission statement and goals for the City as well as an action plan to prioritize the goals and implement them.

At the meeting some sample vision statements were distributed to include the Gwinnett County Vision Statement for 2010, and also handouts on traditional neighborhood development and suburban sprawl.

FINANCIAL AFFAIRS COMMITTEE - Mr. Goff

Mr. Goff reported that the committee has submitted a budget for consideration. In the forthcoming meeting, the committee will be looking at investments for the City.

Mayor Cooke thanked Mr. Goff and the committee on behalf of the whole City for their work on formulating the budget for the coming year.

ORDINANCE ENFORCEMENT COMMITTEE & EMERGENCY MANAGEMENT PLAN - Mr. Kitchens

Mr. Kitchens informed that the first meeting would be conducted during the month of August. Got a good group of five people together to work on this committee

Regarding the emergency management plan, a meeting has been moved two or three times now because Frank Daniell of Gwinnett County has been unable to attend. He has now closed his office from the storm debris cleanup effort and now expects to have some time to meet with our committee to help us develop our own emergency management plan. Am going to set a meeting for sometime in August. Mr. Daniell would prefer to have as many of the Council Members as possible present at that meeting. Will try to give the Council some options as to dates when we can meet with him.

Regarding the early warning sirens, all the paperwork has been completed and submitted to apply for a grant for the construction of an early warning system here. Am working with the City of Duluth, as they have called and suggested that it may best serve both our communities to work together. Believe the City of Berkeley Lake could benefit in two ways by working with Duluth. One, Berkeley Lake would not have to spend as much money on the actual hardware and RF transmission systems, and (2), Duluth will have the system manned 24 hours a day. When we have all the details together, these plans will be presented to City Council for approval.

TRAFFIC CONTROL COMMITTEE - Mr. Arakawa

The committee met and discussed several items. We discussed the revised proposal for adding an additional officer (primarily the expense) and talked about speed humps and bumps. We talked about signs to warn people not to block intersections.

The committee talked about marking areas and installing painted signs for bikers and walkers. Members looked at some of the other suggestions, made in previous administrations, to slow traffic and to make our streets safer and more enjoyable for everyone. The committee will continue to look at the options to determine a good management plan that can be ongoing.

CITY HALL RENOVATION - Mrs. Ruys

Mrs. Ruys reported that renovations have now begun on the inside of City Hall. We are striving for excellence but not perfection. Should be ready for the committee meeting by August 15. Will not go over the budget!

GWINNETT MUNICIPAL ASSOCIATION MEETING REMINDER:

Mayor Cooke reminded that the Gwinnett Municipal Association Meetings are to resume in September on the second Tuesday of each month. Mr. Goff plans to attend the September 8th meeting; Mrs. Ruys will take the October meeting; Mr. Arakawa will take the November meeting, and Mayor Cooke will take the December 8th meeting. Mayor Cooke said there is a role call taken, so if Council Members take someone along, then this person counts also as being there from Berkeley Lake.

Mayor Cooke asked Mr. Kitchens to determine a meeting he would like to attend. Mr. Levinson volunteered to take February 1999 for the Gwinnett Municipal Association meeting. Mr. Kitchens took January 1999. Miss Marcie was asked to notify whoever has accepted the upcoming meeting that they are scheduled to attend.

Mrs. Ruys said she would like to have City Council meetings on a different evening, because it now falls on the same day as the County Commission meetings. She feels it is very important that City Council Members be able to attend. It was determined that Council Members should evaluate the best days to have the meetings and be prepared to discuss the matter further at the Sept. 1 meeting.

CITIZEN’S COMMENTS:

Mayor Cooke opened the floor for citizens comments.

Mr. Chet McQuaide (3455 Kingsland Circle - Berkeley Walk) - Asked the Mayor and City Council to consider establishing a watershed protection and restoration team in Berkeley Lake. Berkeley Lake already has a proud record with a tree ordinance for tree protection.

The tornado did a great deal of damage. While this community benefited from the FEMA/GEMA cleanup, it is easy to see how much the streams are damaged from the loss of old buffers and growth. Mill Creek is the most damaged. It is going to need lots of mulch and new plantings to cover bare earth.

Need to establish a team to work on establishing Berkeley Lake as a Tree City USA and to look at State and Federal grants that may be available for water shed restoration.

Richard Hoskins (3885 Berkeley View Drive) - Regarding speeding, what about stop signs in some areas?

Will urge the City Council to have a third party oversee the work that may be done in the Greenspace. Consider that there will be a road going in there, but not a lot of visibility as to what is actually being taken out.

Sunny Warren (Candidate for Congressional Representative for the 4th Congressional District) - Ms. Warren introduced herself and informed that she would be going door to door in the City to campaign for this office.

Britt Collins (33 Lakeshore Drive) - Understand there is a court order for a certain structure in the City to be lowered. Encourage the City Council to stay firm on any decision the Court has made.

OLD BUSINESS

Mayor Cooke requested to extend this position as currently filled for one month so the new City Council member can participate and to give more time.

Mr. Kitchens motioned to same. Mrs. Ruys seconded, and vote for approval was unanimous.

CITY COUNCIL MEMBER NOMINATION:

Mr. Goff motioned for the approval of Sherwin Levinson to fill the open Council seat. Mrs. Ruys seconded, and vote for approval was unanimous.

Mr. Levinson was then sworn in by Mr. Coolidge.

MEALS ON WHEELS DONATION:

Mr. Goff reported that our City Attorney, Mr. Carothers, has advised that it is not legal to do such a donation. Withdrew his request that the City make a donation at this time, at least until such time as the rules are changed.

ARTICLE II  OF CHAPTER 4 OF CITY CODE - BUDGET PROCEDURE
Mayor Cooke reviewed that by making the changes recommended in the new budget procedure ordinance, the City would have a fiscal year that matches the calendar year.

The fiscal year for 1999 would begin on November 1, 1998 and end on December 31, 1999. Thereafter, the fiscal year shall begin on the first day of January and end on the last of day December of each year.

The municipal budget for fiscal year 1999 shall be introduced and initially approved no later than September 1, 1998. Thereafter, the budget shall be introduced as set forth in Section 4-202, Procedures for Adoption of Budget.

Other changes noted are highlighted in gray on the attached proposed ordinance to amend Chapter 4, Article II of the Code of Ordinances of the City of Berkeley Lake.

The proposed Budget Procedure ordinance was further reviewed. Mr. Levinson referred to Section 4-205. Asked if the October 15 tax payment is late, is there no penalty as long as the full payment is made by November 15? Discussion ensued. It was determined that the last sentence of 4-205 should say, "There shall be a late penalty of nine percent on any tax liability not paid when due." In essence this gives the citizens a 30 day grace period, which is to their benefit.

Mr. Goff motioned for a second read of the proposed ordinance with those changes noted. Mr. Arakawa seconded. Vote for approval of the motion was unanimous.

1998 TAX MILLAGE RATE:

Mayor Cooke reviewed that this tax millage rate relates to the budget that was adopted by the previous City Council. A 6.5 mill rate was recommended by that administration. Have concluded that 6.25 mills will be adequate after study by the Financial Advisory Committee.

Mr. Kitchens inquired as to which budget is currently being discussed for 6.25 mills. He was informed that this discussion is on the 1997/98 budget.

Mr. Levinson understands then that after the millage rate is lowered to 6.25 for 1997/98, taxes would have to be raised next year to make up the difference.

Mr. Goff agreed. He said that already the rate for the 1998/99 budget will have to be approximately 9.1 unless about $135,000 is taken from surplus.

Mayor Cooke continued with the review. She explained that the reason for the deficit in the 1998/99 budget is that there is an extra bond payment for the 14 month year. This will not happen in the 12 month year.

Mr. Goff explained that the Financial Advisory Committee has factored in a Tax Digest from 43m to 48m to try to anticipate any additions from new construction. Mr. Goff further explained that there is newly completed development that just missed this last evaluation. This has all been taken into account, but a millage rate of over 9% is still calculated for 1998/99.

Mr. Levinson motioned for a 6.5 millage rate for 1997/98. Mrs. Ruys seconded, and vote for approval was unanimous. Mr. Levinson commented that he has a fear that the City is going to spend a lot more than anticipated.

DNR CONTRACT:

Mayor Cooke pointed out that the contract agreed to three specific things the $12,500 could be used for, i.e., playground equipment, a picnic shelter, or a water fountain. Mr. Goff was a bit skeptical regarding the definition of a picnic shelter.

Mrs. Ruys informed that Ms. Norfleet of the Department of Natural Resources gave her a list of things to choose from, and Ms. Norfleet had stipulated by phone that land- scaping would be okay. Mrs. Ruys reviewed that she has been going to the Children’s

Park and has been asking people what they want. Overwhelmingly, they want a water fountain and a port-a-john. Think there would be some money left over for landscaping.

Mayor Cooke said she had signed the agreement that was passed on to her. She read the terms of the agreement and indicated that it is her interpretation that upon completion of the project, the financial accounts, documents, and records of the project are to be submitted to the Department of Natural Resources.

Mrs. Ruys said she did not ask Ms. Norfleet specifically. Did not get the impression this was necessary. Ms. Norfleet did give a list of several things to choose from and indicated that they were not interested in coming out to inspect the project and definitely did not want the money back.

MISCELLANEOUS:

Mayor Cooke reviewed that the City Charter will be discussed at the next Council meeting. Also, the 90 day trial period for the City Clerk office hours will be up on September 1. Miss Marcie has agreed to give us feedback on this and whether it is working so the City Council can decide whether to make this permanent.

NEW BUSINESS

GREENSPACE SALVAGE OPERATION:

Mr. Flaherty has proposed that the Council accept the proposal that was described

by Mr. Dale Higdon and Mr. Bob Head, for salvaging the damaged timber in the Greenspace.

Mr. Goff wants to make sure the berm is put into place as soon as possible to dis- courage anyone entering the property and any money received for the downed trees be used to restore the area. Mr. Goff motioned to proceed as recommended by the City’s Director of Roads and Public Works; that the Georgia Forestry Commission be involved and to clean out the land under discussion of all trees that have been disturbed. At the end of the logging operation the disturbed land and road be put back into as natural a condition as possible; that a suitable berm be erected at the entrance in such a manner as to discourage anyone entering; that the funds received from the logging operation be placed in the general fund. That, as soon as possible residual funds being held by the City from the bond be utilized in the restoration of the logged areas. Mr. Levinson seconded the motion.

Regarding the use of the bond funds, Mr. Kitchens wished to clarify if Mr. Higdon did not say that the land would reseed itself in five years or less. Mr. Goff said he is not talking about restoring the whole thing. Mr. Goff informed Mr. Head that the logger would have to have a bond and would have to provide a Certificate of Insurance.

Mr. Arakawa asked Mr. Flaherty if he will stay close to this operation. Officer Dunlap said he will stay close also to make sure there are no problems in his area which are not addressed.

Vote for approval of the motion was unanimous.

DEBRIS PICKUP:

There is still some debris on City right-of-ways that should have been picked up. Miss Marcie informed that calls are still coming in and inquired if a new list should be faxed to Frank Daniell of Gwinnett County. Mr. Flaherty indicated that this would be a good idea.

Mr. Arakawa wanted to know if people should still call in with their problems. Mr. Flaherty said they definitely should. He informed that the stream cleanups will require right-of-entry.

PROCEDURE TO FILL A VACANCY ON COUNCIL:

Mayor Cooke explained that it is obvious there is a chance of the City Council getting stalemated when electing a new member because of the even number of members left. Maybe should put some procedure in our Charter revision.

Mr. Arakawa asked for an example. Mayor Cooke explained that from discussions with Council Members regarding the applications from candidates that applied for the open seat of Bo Mohr, got the impression that there could have been a tie vote. Should there be another vacancy, it is possible that Council may receive a large number of applications, and it is possible that each City Council member could have a different opinion. Thinks it is very important that there be some method so that Council will be able to make a decision within 60 days.

Mr. Levinson inquired how long our Charter has been in effect and when has there been a stalemate. Mayor Cooke informed that a vacancy was not filled before, the way it was this time. Mr. Levinson pointed out that nothing is different except that Council knew from the beginning who was interested.

Mayor Cooke reviewed that in the past, the mayor looked around and saw who might have the ability and interest to do the job. Then the mayor presented that name to the City Council. We have now opened the application process to the community. With a number of applications coming in, the vote could be split four ways. We need to have some definite way to handle this and some time limit. Often times, we need the odd number to pass a motion. Think there needs to be a more specific procedure.

Mr. Levinson suggested that what the Mayor is really saying in a tactful way is that in the past the mayor chose their friends. What this City Council ran on was to open up this government to the people. The worst case is that there will be four different votes. Maybe change the Charter to say that by the second meeting after the vacancy, the mayor may then make the appointment if there is no decision.

Mr. Goff commented that our government has worked well all these years. He is against blending the powers. The mayor has presided and the City Council has the vote. Agree with the Mayor to put a condition on it. Think calling for an election is a good idea. Some further discussion ensued with no motion forthcoming.

CHAPEL LEASE RESOLUTION:

Mr. Goff motioned to approve the Chapel Lease Resolution as presented. Mrs. Ruys seconded, and vote for approval was unanimous.

The agreement stipulates that payment for the two year period will be made up front.
Miss Marcie will write the check after the contract is approved by the Chapel Board.

ASSISTANT CITY CLERK:

Miss Marcie asked the Council to consider Phyllis Jones for the Assistant City Clerk. She feels Mrs. Jones would be a great help to her. She is knowledgeable regarding the City, being the wife of a former mayor, Gary Jones, so will be able to handle phone calls with experience. She is interested and skilled. She would like to have been here this evening but had a conflict. Will be present at the September 1 Council meeting.

Mr. Arakawa motioned for the approval of Phyllis Jones for the position of Assistant City Clerk. Mr. Levinson seconded, and vote for approval of the motion was unanimous.

HOMEOWNERS ADVISORY BOARD ORDINANCE:

This ordinance will become effective immediately upon adoption. Mr. Goff motioned for a first read and approval of the Homeowners Advisory Board Ordinance, as presented. Mr. Kitchens seconded, and vote for approval was unanimous. Mr. Arakawa inquired whether these meetings would be posted on the marker. He was told they would.

MISSION STATEMENT:

Mrs. Ruys motioned for Number 3 on the list of five statements, "Support and enhance our lake community environment through flexible, responsible government and citizen involvement." Mr. Kitchens seconded, and vote for approval of the motion was unanimous.

LONG TERM GOALS:

Mayor Cooke reported that by using the three dot method the Council determined that the first four items on the list attached were the priorities. These are as follows:

1. Pedestrian and Bike Amenities;

2. Controlled Growth Management around the lake and the City;

3. Clean creeks and lake;

4. Interconnected sewer system.

Mayor Cooke referred the City Council to a letter prepared by Mr. Mohr. Did not get the letter until after the City Council’s July meeting. Mr. Mohr lived in the City for 26 years, and he believes as she does that it is very important to annex land on our side of the City.

Mr. Kitchens is under the impression that this is something that was to be undertaken this year. Thought the Mayor was going to pursue this annexation. Asked if anything has changed. Inquired if this is something that should be put on the five year plan. He feels the City government needs to move on this right away. Mayor Cooke asked if Council would like to make this the Number 1 long term goal. She would like to include the annexation as a priority on the list.

Mrs. Ruys said the goals as stated were what the group decided and what they got up to attend the July 18 meeting to accomplish. Does not want to change them now.

Mayor Cooke reviewed that Mr. Arakawa will oversee Goal # 1. Mr. Goff will oversee Goal # 2. Mayor Cooke will oversee Goal # 3, and Mr. Kitchens will oversee Goal # 4.

Mr. Goff motioned to make the first 4 goals on the list the priorities.

Mr. Levinson suggested setting the goals in a City wide meeting. Suggested an amendment to motion to state that the City Council accept these goals with the idea to consider having a public hearing within 6 months. Mr. Goff does not think these goals should be passed now and then brought before the public. Some discussion ensued. Mr. Levinson feels these goals should be presented to the citizens in an organized manner. Cannot help but wonder what the priorities of the rest of the community are. All the members of the Greenspace committee thought a sidewalk along Ridge Road was a good idea, but the public did not agree. Only three people voted for a sidewalk on Ridge Road, and there was going to be no cost.

Mr. Goff amended his original motion. Motioned to accept the first 4 stated goals with the intent to present them in a public forum prior to the end of the year. Mrs. Ruys seconded, and motion was approved by unanimous vote.

COUNTY SIDEWALK AGREEMENT:

Mr. Carothers hasn’t changed anything - said that this is a standard agreement. Some discussion ensued as to how this agreement collates with what Duluth is proposing to do. Council was referred to an article in the newspaper that indicated Duluth is planning to build sidewalks to Summer Chase Apartments. The article then indicated that Gwinnett County will probably pick up where Duluth leaves off and extend the sidewalk to the new complex on Old Peachtree Road. Mr. Arakawa is concerned that if Berkeley Lake has a sidewalk and an effluent line coming in on the same side of the road, there is going to be a lot of activity.

Mayor Cooke explained that this agreement does not have anything to do with those sidewalk plans in place by Duluth and Gwinnett County. Mr. Arakawa motioned for approval of the Sidewalk Agreement. Mrs. Ruys seconded, and vote for approval of the motion was unanimous.

The City Clerk was authorized to advise Mr. Allen of the Gwinnett County DOT that the City Council of Berkeley Lake has no comments regarding the Sidewalk Agreement.

1999 BUDGET DRAFT:

Mayor Cooke made sure Council had received a copy of the proposed budget. She said she is proposing a 6.25 millage rate for 1998/99. This rate was recommended by the Financial Affairs Committee. Asked for a motion to same.

Mr. Goff said the Financial Affairs Committee, which he chairs, discussed the 14 month budget at 6.25 mills. There was some heated discussion - he had not agreed with this mill rate - but 6.25 was not recommended. Mayor Cooke said she was at the meeting and recalled that the committee had recommended this millage rate for 1998/99. She said she can defend this.

Mr. Goff asked Mayor Cooke if she wanted a 6.25 millage rate for next year when it should be 9.1. She indicated she was aware this would require using approximately $135,000 from surplus. Only because the City is using the 14 months for the 1998/99 budget is an extra bond payment included, and that was factored in. At 6.25 mills on the 12 month budget, there is a surplus.

Mr. Arakawa motioned to accept the proposed budget as submitted and adopt the ordinance for a first read. Mr. Levinson seconded.

Mr. Goff explained that the 6.25 millage rate was a proposal for the 1997/98 budget. Six and one half was proposed for the 1998/99 budget and to use $133,000 of the surplus. He was also firmly against doing this.

Mayor Cooke said the millage rate is not going to be carved in stone. She is proposing going with the 6.25 rate, which would result in a deficit to be taken out of surplus, but feels the City has large enough a surplus to do be able to do this.

Mr. Goff asked Council if they would want to propose to the citizens that the City go through its nest egg. Mr. Levinson rationalized that the citizens would pay the same into their escrow accounts if the rate were 7.5 mills . At that rate it looks like this would take 80,000 to 90,000 out of surplus for 1998/99. To increase the 6.5 millage rate by the percent necessary to hold the same tax rate for the 14 month year (1999) as for 1998, a 12 month year, would result in a millage rate of 7.6. Mr. Levinson amended the motion to add that the proposed budget be figured to use a 7.6 millage rate for the 14 month year and that the figures be adjusted accurately. Mr. Goff seconded the motion. Vote for approval of this amendment to the original motion was unanimous.

The vote in favor of the original motion with the amendment was unanimous.

NEW COUNCIL MEMBER - MR. LEVINSON:

Mayor Cooke informed that she has discussed the revision of the City Code with Mr. Levinson. He has agreed to chair this committee.

She his also discussed with him that, as a Council Member, he would have to restrict his work for the City to $200 or less per quarter.

SIREN WARNING SYSTEM:

Mr. Kitchens reviewed that Duluth suggests that Berkeley Lake use the grant applied for, if any money is received, to put in our share of the siren system on the North side of our city and then add sirens on the other side. All these would be radio controlled from Duluth. This proposal is still subject to approval of their city council. Would like to pursue this proposal if this City Council agrees. There was a consensus of Council for him to proceed.

TRAFFIC CONTROL/LAW ENFORCEMENT:

Mr. Arakawa reviewed that after studying several issues under analysis, the Traffic Control Committee has concluded that what they consider to be judicial on traffic control is to increase the police presence.

Motion to hire one additional officer to supplement the police presence in Berkeley Lake, to help maximize security and deter speed. The cost of this additional officer would be $17,000 per year. This additional officer would be in the City during the A.M. from 6:30 to 9:00 and 4:00 to 7:00 P.M. weekdays and 4 hours on Saturday and Sunday, every other weekend. Mr. Kitchens seconded, and vote for approval was unanimous.

Mayor Cooke asked about having the additional officer every Saturday night rather than every other Saturday and Sunday. Mr. Arakawa said the stated proposal was what has been agreed to by members of the committee but is not cast in stone. Officer Dunlap agreed that the schedule is adjustable at any time. Whatever we need to do, we can.

Mr. Arakawa noted that in the new budget there is a $1045 shortage to cover this proposal. Mayor Cooke said this shortage can be taken out of Contingency if necessary.

BOARD OF DIRECTORS RESIGNATION:

Mr. Levinson announced that he is currently a member of the Board of Directors of the Berkeley Walk Homeowners Assoc. Because he has been appointed to Council, he will be resigning this position.

WATERSHED PROTECTION / REFORESTATION COMMITTEE:

Mayor Cooke indicated she had given all the paperwork on Tree City USA to Liz Branstead, the President of the Berkeley Lake Homeowners Association.

Mrs. Ruys made a motion for Mayor Cooke to appoint Mr. McQuaide as chairman of the committee to set up Tree City USA. Mr. Levinson seconded.

All this chairman has to do is get the proclamation to the Mayor to have her sign it and then it must be sent in. This gives the Berkeley Lake Tree City USA status and allows the City to apply for grants. Mr. Levinson reminded that Mr. McQuaide is asking for a watershed protection and restoration team and is prepared to be involved.

Approval of the motion was unanimous.

EXECUTIVE SESSION:

Mr. Goff motioned for an Executive Session to discuss pending litigation and land acquisition. Mrs. Ruys seconded, and vote for approval of the motion was unanimous.

After the Executive Session, the meeting was called back to order. No citizens were present. Mrs. Ruys motioned to accept the recommendations that Dick Carothers made in the August 3 letter regarding the Seitz case. Mr. Arakawa seconded, and vote for approval of the motion was unanimous.

THERE BEING NO FURTHER BUSINESS, MR. ARAKAWA MOTIONED FOR ADJOURNMENT. MR. LEVINSON SECONDED, AND VOTE WAS UNANIMOUS. THE NEXT COUNCIL MEETING WAS SCHEDULED FOR SEPTEMBER 1  AT 7:00 P.M.

Respectfully submitted,

Marcie E. Zielazienski

City Clerk/Treasurer