CITY OF BERKELEY LAKE

4040 BERKELEY LAKE RD.
BERKELEY LAKE, GA 30096-3016
CITY COUNCIL MEETING
July 7, 1998

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

Council Members: Anthony Arakawa, Kelly Goff, Tom Kitchens, Bo Mohr, Sherry Ruys

City Attorney - Richard Carothers

Mayor - Marguerite Cooke

Zoning Enforcement Officer - Stanley Kelly

City Clerk - Marcie Zielazienski

CITIZENS - Approximately 5

INVOCATION BY JULIE CARBERRY:

APPROVAL OF MINUTES:

The Mayor and City Council members asked for the following corrections/changes (boldface type) to the minutes of the June 2 City Council meeting:

Page 3, second paragraph, should be John Wieland Homes (not FEMA) will fix the curbs and streets in Berkeley Walk;

Page 5, last paragraph, 4th line, should be rationale (not rational);

Page 9, bottom paragraph, should be “on the traffic, speeding, and people. . .” (not to the traffic, speeding, and people. . .);

Page 13, fourth paragraph, last sentence, should be “This would be versus the mandatory things.”

Page 10, third paragraph, should be lenient (not linuent);

Page 20, third paragraph, should be Vinson (not Vinsom);

Page 2, fourth paragraph, should be Payton (not Patton);

Page 7, eighth paragraph, should be “to put red bows on their mail boxes”;

Page 17, sixth paragraph, should be “obvious assumption” (not obvious fact); Page 21, under Travel Notification, should be “for more than two days”;

Page 22, under City Hall Expansion Study Committee Recommendations, should be “Mrs. Ruys motioned that the $2500 allocated by the last City Council be used to. . .”;

Page 24, last item, after the Executive Session, should show that the meeting was called back to order and no citizens were present.

Mr. Goff motioned for approval of the minutes of June 2, 1998, as corrected. Mrs. Ruys seconded. Vote for approval of the motion was unanimous.

APPROVAL OF FINANCIAL REPORT:

The City Clerk informed that some adjustments have been made to the financial report. Noted that the liabilities and the total of the City's assets have now been incorporated into the report. Because this report required the expertise of accountants and could not be finalized until yesterday afternoon, the City Clerk suggested that Council Members might want to take more time to review the figures.

Mayor Cooke asked if there was any objection to postponing the approval of the June financial report till the August 4th meeting. None was forthcoming, so approval was postponed.

Mr. Goff informed that the Financial Affairs Committee will be meeting this Wednesday evening. Will go over the budgeting process and will have a tax millage discussion. The rate is currently 7.5 mils. For this year, ending October 31, it has been tentatively set at 6.5. However, as the Tax Digest was just given to the City, must determine if the millage rate at 6.5 would produce sufficient income to meet the budget that has already been in effect for eight months.

APPROVAL OF ZONING ENFORCEMENT OFFICER'S REPORT:

Mrs. Ruys inquired about the statements in the report, “subject to homeowners approval, did not see this comment on “H” or “T”, so am wondering if approval is being received from the Berkeley Walk Community Association when a homeowner applies to build a screen porch or something like that.

Mr. Kelly informed that he has not had a formal request to grant such approval from any associations other than River Mansions and Berkeley Field. Mrs. Ruys feels all the associations operate on nearly the same principles, so wonders if she should contact someone in Berkeley Walk. Mr. Kelly indicated he will look into the matter.

Mr. Goff asked Mr. Kelly for his estimate as to how many building lots are available in the City at this time. Mr. Kelly indicated he needs to check his files, look at the plats, etc. Mr. Goff said he would like to have this information for the Financial Affairs Committee meeting Wednesday evening, if possible.

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:

Mr. Mohr asked whether the figures on the report were the original figures or the revised figures. Officer Dunlap said they were the revised and are correct. In total, there are four proposals for supplementing the police presence in the City. Mayor Cooke reminded Council that these proposals were the same proposals that were made to the Traffic Control Committee. Assume that this committee will be making a recommendation on one of these or a variation of one of these, to Council. Some discussion ensued.

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

ROADS AND PUBLIC WORKS DIRECTOR REPORT:

Council reviewed the report. Mr. Arakawa commented that there are issues with respect to trying to understand the liability or the responsibility for some of the damage, i.e., a large truck damaged the pavement and the curbs. Inquired if there was any direction from either party as far as where this responsibility may lie. Note that there is quite a bit of damage from the trucks.

Mr. Flaherty informed that the County has indicated that the contractor will be charged for such repairs. This is a verbal agreement, not a contractual agreement. Mr. Flaherty feels the County will be responsible. Mr. Arakawa would like to find out specifically what they will do.

Mr. Kitchens pointed out there is still a lot of debris that is being left on the right-of-ways in the City. Met with a County representative around Saturday, June 15. Was told the contract for debris cleanup contract was being extended for approximately a month - till about July 15th. What action will be taken after that to remove what is still out here

Mr. Flaherty said the only action that can be taken at this point is to call the number stated and file a complaint.

Mr. Goff would like to make it a matter of record where the specific addresses are that still have some problems. Mr. Flaherty agreed that this would be a good idea. Mr. Kitchens volunteered to take part of the route to note where there is debris that needs to be removed.

Mayor Cooke suggested to Mr. Flaherty that a flyer be sent to the residents regarding when the last pickup will occur and communicate some information as to how they should handle debris after this pickup. Mr. Goff pointed out that the old building debris - separate from the new construction debris - is separate from the tree debris cleanup. There are two separate categories so there should be two separate list. The old construction debris from damage done by the tornado should be picked up. Contractors are supposed to be removing debris from the new construction.

Some discussion ensued as to other items that should be on the flyer, i.e., some cleanup within the 150 foot radius of property has been left unfinished, and some leaning trees, which should be taken down because they are leaning over 10%, should be taken down. Wonders if they intend to come back and take care of these things. Mr. Goff would like to get some definition of the criteria for whether the cleanup crew will remove a stump.

Mrs. Ruys inquired about the removing of downed trees from the Greenspace. Did not realize that this was being considered. Mr. Flaherty informed that some minimal cleanup may be necessary due to fire hazard and pine bark beetle infestation.

Mr. Mohr informed that he has turned all his information regarding the disaster cleanup of the waterways over to Mr. Flaherty. Mr. Goff complimented Mr. Flaherty for the job he has done. It has been a long, hard job - is grateful that the City has someone like him looking out for us. Mayor Cooke also commended Mr. Flaherty for the job he has done for the City.

Mr. Flaherty and Mr. Kitchens will coordinate their efforts and will prepare a flyer for distribution to the community, incorporating the information just discussed

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:

CHARTER REVIEW COMMITTEE - Mr. Mohr

This report is deferred to the Old Business part of the meeting.

CITY DECORATIONS COMMITTEE - Mrs. Ruys

Mayor Cooke asked Mrs. Ruys if reports from this committee should be held until October or November. Mrs. Ruys said the committee does not plan on meeting until sometime in September so will not have anything to report until that time. Feels it would be best to delete this item from the Committee Reports until October.

CITY HALL EXPANSION COMMITTEE - Mrs. Ruys

Having completed their study and made their recommendations, this committee has completed its work. A remodeling committee should take its place. Mayor Cooke officially declared that the City Hall Expansion Committee is dissolved, with the understanding that Mrs. Ruys will oversee the work that is to be done, which has been approved by the Council.

Mr. Mohr complimented the “wonderful looking” facelift on the outside of City Hall. Looks forward to seeing what happens on the inside.

FINANCIAL AFFAIRS COMMITTEE - Mr. Goff

The Council was directed to study the current financial statement, which now has changed a great deal from the prior one. To give a quick comparison, the bottom line before they resurrected all the figures and got good starting numbers showed the total assets at $964,000. On the current financial, the total assets are shown to be $4.3 million, a gain of $3.5 million dollars. That did not magically appear.

The City Clerk explained that the value of the Greenspace was added. This is the huge difference. The land across the street from City Hall was not included because it has no value, having been designated by the deed to be free pass and re-pass property. No permanent structures can be erected on such property, which was set aside to be used strictly as a means to walk to and from the lake.

The City Clerk further explained that there are some figures on the liability section that have not been entered. Mrs. Reynolds will have to set down with the accountant to review the worksheets from the audit to get the correct figures. The bottom line will change again slightly, but the adjustments are nearly complete.

Mr. Goff concluded by commenting that the City is in great shape. Mr. Arakawa said he really appreciates the format of the financial statement. Noticed that the operating funds took a big drop. Assumes that the bond interest payment to Reliance Trust of approximately $70,000 made the difference. Miss Marcie explained that she determined to take the money directly from the operating account rather from savings, because some money needed to be transferred.

Mr. Goff pointed out there is no tax collection now, but the City is paying out money. So, until taxes are billed and collections start coming in, there will be a decrease in the funds available.

HOMEOWNERS ADVISORY BOARD - Mayor Cooke

Had a meeting on June 27th. The last meeting minutes were reviewed, and members were updated on City government activities. Issues of mutual concern were discussed, i.e., emergency management, public relations, and siltation problems. Members were given information about the City planning meeting on July 18th.

It was a very good meeting. Would like to continue meeting quarterly. A lot of issues were clarified that might not have been clarified if there had been no opportunity to meet face to face. The Board members hear a lot of rumors. A lot of things get twisted in the reporting, and a lot of things are misunderstood or misinterpreted. At these meetings, questions and concerns can be answered immediately, and they can be informed why things are being done the way they are.

One of the things that was brought up, regarding the City planning meeting, is that they would like to put out a memo to individuals in their own associations to give them some feedback as to what to bring to the meeting as far as long range goals and what is important to their particular subdivisions.

ORDINANCE ENFORCEMENT COMMITTEE & EMERGENCY MANAGEMENT PLAN - Mr. Kitchens

Had some changes in membership because of changes in time commitment, which precluded participation. Have commitments now, so a meeting of the Ordinance Enforcement Committee will be scheduled for sometime in July.

Regarding the Emergency Management Plan, Frank Daniell has been involved with the recovery from the tornado damage so asked for a meeting in July. Because this matter involves the City as a whole, would like to have the members of the City Council and the Mayor present. When a date is determined, will contact everyone immediately to set up a mutually agreeable date.

Will be meeting Thursday at 9:00 a.m. with a gentleman named Rick Ball from GEMA. Invited the Mayor and Council to attend. The meeting is in regards to the pursuit of a grant for the City to get monies to establish a siren warning system. Mr. Ball will be assisting with the preparation of the formal request for the grant to prevent any mistakes and have a better chance.

TRAFFIC CONTROL COMMITTEE - Mr. Arakawa

This committee met on June 4th. We discussed some of the problems with speeding and traffic control. The committee settled on the idea of starting to increase the police force in the community, and Officer Dunlap put together a proposal. Due to some calculation issues associated with the first proposal that was presented at the last meeting, the committee has now received a revised proposal. This proposal was received too late to get in touch with the members to try to establish whether to report with a motion, so a meeting is scheduled for this Thursday to discuss the proposals that have been set forth.

As requested, a letter was sent to Mr. Brian Allen asking the County to move forward with the flashing “Traffic Entering Road” light on Berkeley Lake Road. Have not heard back from them yet. Will advise.

Mayor Cooke asked Mr. Arakawa if he would like Mr. Flaherty to follow-up on the installation of the flashing light. Mr. Arakawa feels that once there is some acknow- ledgment from Mr. Allen, that would be a good transition time.

CITIZEN'S COMMENTS:

Mayor Cooke opened the floor for citizens comments. With none forthcoming, there was a brief recess to setup for the working session.

OLD BUSINESS

CHARTER REVISION:

Mr. Mohr referred to his memo of July 3 (attached) - augments the notes that were distributed with the proposed Charter. Would like to reach a preliminary consensus to totally update the revised draft.

Mr. Carothers clarified that the adoption of a new charter would be a resolution of the Council - will not be an ordinance. The City Council cannot adopt its own charter as an ordinance. Council will request that the local delegation of the State Legislature enact a new charter for the City of Berkeley Lake in essentially the same format as Exhibit “A”, which is what the Council is working on right now. Because it will be a resolution, there is not a necessity to hold two reads. The resolution can be adopted at any one meeting.

Mrs. Ruys asked if the adoption of the charter couldn't then be deferred to have a charter working meeting - plan some time to get together to discuss every point and to compare the model against the present charter, rather than try to do the review in one session. It will take too much time during a regular City Council meeting.

Mr. Goff agreed with Mrs. Ruys. Would like to have more time to look at the document closely, because Mr. Mohr is not going to be around to see this through.

Mr. Mohr suggested going though the items listed, so he can incorporate the recommendations into a revised “proposed” charter, to bring it as up-to-date as can be when Council next meets in a working session. Each item on the memo of July 3 was reviewed. Brief discussions of these items are as follows:

Item 2.10 & 2.11 - “Mayor and City Council” is a title change only. The office of Mayor, which was not referenced, needed to be included, because the stipulations also apply to that position.

Item 2.12(b) - This would be a change from the wording in the proposed charter, which each City Council member now has. There was a consensus of Council to appoint to fill a vacancy, if the two year terms are retained. Some discussion ensued.

Mr. Goff is concerned about appointing to fill vacancies if there is more than one.

Mrs. Ruys suggested having some way where any citizen could nominate for the appointment or volunteer for the appointment. There would be a nominating slate for the City Council to choose from rather than the City Council nominating on their own.

Item 2.14 - Mayor Cooke said it is a very difficult position to be in - to serve on a homeowner's board and to be a member of City government. The two groups can be on opposite sides of an issue. Mr. Mohr reminded that two members of Council had to abstain from voting on an issue earlier this year because there might have been a conflict of interest.

Mr. Arakawa commented that it is unfortunate that so few people in the community step forward and get involved. However, understands the conflict concern and feels that if Council is going to draw the line, then it should be drawn all the way. There should not be a City Council Member and a family member both holding positions in the City government.

Mr. Kitchens is concerned with keeping a good working relationship with the homeowners associations. Wonders if some verbiage to keep a Homeowners Advisory Board should not be in the charter. Mayor Cooke has in place a procedure where she meets regularly with the presidents of the associations. but this may not continue.

Mr. Carothers feels that this would be a matter for an ordinance rather than for a charter. It was determined that Mr. Kitchens would work with Mr. Carothers to determine the wording for such an ordinance.

After some further discussion, there was a consensus of Council to accept Item 2.14 with the additional restriction.

Item 2.14(g) - There was a brief discussion. Mr. Mohr feels this prohibition was designed for much larger cities. Berkeley Lake is too small to have the prohibition to make an employee of the City, who determines to run for office, resign that position. Mr. Carothers will check State law regarding this Item.

Item 2.18 - The proposed Charter does not say who is authorized to administer oaths. This clarifies that point. Mr. Carothers pointed out that an attorney or a notary public is also authorized by State law to administer oaths.

Item 2.21 - Mr. Mohr does not want to make it easier to hold a meeting with the pro tem presiding than if the Mayor is presiding. Regarding the abstention being counted as a affirmative vote, questions were raised as to why this sentence is in the model.

Mr. Carothers feels the drafter is trying to make sure there will not be the situation where there will not be enough votes to pass a motion. That would be why they would make an abstention an affirmative vote. However, does not think this is a good idea, i.e., an abstention can be an abstention. There was a general consensus of Council that an abstention would not be counted as an affirmative vote in case of a tie.

Item 2.28 - There was consensus of Council on disallowing the Mayor pro tem to have a vote if presiding at a meeting.

Item 2.31(c) - Regarding mayoral vetoes, Mr. Mohr has recommended four votes to override a veto. The current City Charter calls for three votes to override, which is the same number of votes it took to pass whatever it was the mayor vetoed in the first place. The effect of a mayor's veto is only a delaying tactic. Does put the mayor on record as objecting to whatever the issue is.

Mr. Goff and Mrs. Ruys did not agree with Mr. Mohr's recommendation. Mrs. Ruys commented that the way it is written in the current charter has worked well for a long time, and keeps the majority of Council in control. The current charter does not give the mayor a vote, but the mayor certainly can put her/his idea on record. Still the flavor and intention of the current charter is that the mayor has no vote. The mayor is the leader, but the Council has the power.

Mr. Arakawa pointed out that a mayor should be a persuader as well as a leader - someone in the community who can help move and change minds. Thinks if an issue is something important enough to draw a mayoral veto, then the mayor should be persuasive enough to get individuals to switch sides on the issue. Think this section of the current charter should stay the way it is. There was a general consensus of Council to this effect.

GWINNETT MUNICIPAL ASSOCIATION (GMA) MEETINGS:

Mayor Cooke reviewed that it had been decided at the last meeting that the Council Members would take turns attending these meetings. The City gets a lot of pertinent information regarding state laws and federal laws that pertain to cities. Also, the GMA will be looking at the criteria of attendance in deciding how much money cities will get from the county for different projects. The meetings will be starting up again in September and are on the second Tuesday of each month - usually about 7:00 p.m. to 10:00 p.m. Includes a nice dinner.

Mr. Goff volunteered to take the September 8 meeting; Mrs. Ruys will tentatively take October - needs to check her calendar; Mr. Arakawa will take the November meeting;. Mayor Cooke volunteered for December 8th.

Regarding having the City Council meetings on the first Tuesday of each month, Mrs. Ruys said she would like to attend the County Commission meetings, which are held on the same night.

BERKELEY LAKE MUNICIPAL COURT:

Mayor Cooke referred Council to the letter from William Coolidge to Mr. Carothers regarding the establishing of a regular Municipal Court in Berkeley Lake.

Mr. Goff commented that he cannot see how this city could entertain a court of its own. After seeing what the cost are, think it best to let the county have what little funds are generated by traffic violations. There are so many problems with very little income to offset them.

There was a general consensus of Council not to pursue the establishing of a regular court in the City.

ARTICLE II OF CHAPTER 4 OF CITY CODE - BUDGET PROCEDURE:

Mr. Carothers asked the City Council to table this issue until the next meeting. He reviewed how the 14 month window will be established to get the City's calendar back to January through December. Wants Council to look at the dates to establish what needs to be done in the future and also for the 14 month year the City is moving toward.

Mr. Kitchens motioned to postpone the second read of the proposed ordinance until the August City Council meeting, and Mr. Arakawa seconded. Vote for approval of the motion was unanimous.

SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE:

There was a first read of this ordinance at the June 2, 1998 Council meeting. After a brief review, Mr. Goff motioned for a second read and approval of the Soil Erosion and Sedimentation Control Ordinance, and Mr. Arakawa seconded. The vote for approval of the motion was unanimous.

DEPARTMENT OF NATURAL RESOURCES GRANT:

Mayor Cooke told Council that she had signed the letter to accept the new contract. Mrs. Ruys informed that the Department of Natural Resources gave the City government one year to determine how to use the money in the Children's Park.

Mayor Cooke asked Mrs. Ruys to oversee the use of this money. She advised keeping all the receipts, contracts, etc. to be able to substantiate how the money was used.

TRAFFIC CONTROL:

Mr. Arakawa asked Mr. Carothers if he was aware of any action on the excel/decel lane in front of Berkeley Walk. Has not been able to get any direction from the county.

Officer Dunlap reported that he had spoken with Mr. Manning of Gwinnett County DOT about this issue - why the “no parking” signs have been moved and why there is an arrow on them. Mr. Manning said he would look at the problem but reminded that most, if not all, of that deceleration lane would disappear when they put in the center turn lane.

Mr. Mohr pointed out that when the road widening is complete, the City will have what was originally approved with the Berkeley Walk project. At the very beginning, the Planning Commission really wanted a turn lane, but the county would not give it to us then. That is why there is an accel/decel lane.

NEW BUSINESS

NAWRF EFFLUENT LINE:

Mr. Carothers reviewed that the engineers were to have been here this evening. They are not in attendance because there is a very interesting and excellent situation being considered by the DOT of Gwinnett County, and that is to not cross Peachtree Industrial Blvd. until south of the Greenspace. They have to get over to the west side of Peachtree Industrial eventually, but are proposing not to do this until further on down toward South Berkeley Lake Road. This is very promising. From an engineering standpoint, believe if they can feasibly move it, it will be moved. If they cannot move it, they will be getting in touch to talk about it.

There is a very deep ravine with some streams, which may indicate that there are some wetlands in the area. Dr. Cohen (381 Lakeshore Drive), who borders on the proposed pipeline site, has asked that this criteria be explored. Mr. Carothers does not know what kind of surveys have been done to date but is aware the project is being moved rather fast. Mr. Mohr pointed out that there are definitely some wetlands on the east side of Peachtree Industrial Blvd. across from the Cohen/Josten settling pond.

Mr. Arakawa wonders what kind of contingency plan the county might have for catastrophic events. Mr. Carothers said that is the kind of question that he would like the engineers to answer for City Council. This pipeline will be carrying a great amount of sewage, under a lot of pressure.

Mr. Mohr said the potential for a disaster is definitely there. Feels the other side of Peachtree Industrial Blvd. would still be too close to the City. Suggested this City Council should ask then to move the line to the county right-of-way along Buford Highway. Mr. Carothers will follow-up.

COUNCIL MEMBER RESIGNATION:

Mr. Mohr has presented his letter of resignation. Mayor Cooke said that after 26 years in the City of Berkeley Lake, the departure of he and Mrs. Mohr, who does a great deal of volunteer work and who was the Assistant City Clerk, will be a great loss to the community. They will be missed very much.

Mayor Cooke reminded that the resignation does create a vacancy, which must be filled, and, traditionally, a vacancy has been filled by the mayor nominating someone to fill the vacancy, subject to the Council's approval. Assume the previous mayors discussed with the Council Members the person they would like to nominate or appoint.

Some discussion ensued regarding the procedure for filling the position. Mayor Cooke read a synopsis of her concerns regarding a candidate and what she believed to be important to look for in someone to fill Mr. Mohr's vacancy. Believe it should be someone with experience in governmental issues and a prior history of service and commitment to the community of Berkeley Lake. Think it is important that he/she have the opportunity and the willingness to commit the time and effort needed to address the many issues confronting the City, as well as a commitment to the people in every area of the City.

Mayor Cooke referred the Council Members to a recent fax received from Mr. Arakawa. Mr. Arakawa said that his thought is that this City Council and Mayor was elected on a clean sweep. The platform was based on one of passion and commitment to the entire City. Think that one of the platforms that everyone reached for was to bring government to the people, so owe it to the people to allow an open access to people that they feel are qualified to come forth and be part of the candidacy. Some discussion ensued as to what method might be used to accomplish this. Mr. Arakawa suggested a flyer to the entire community.

Mrs. Ruys asked to clarify her interpretation of the City Charter on the subject of filling vacancies. It is her understanding that the Charter gives the City Council this responsibility. Mayor Cooke reviewed the tradition of a mayoral appointment, with consensus of Council.

After some further discussion, Mr. Arakawa motioned that a flyer be generated to ask for people to step forth, with proper qualifications and commitment to the City, and be considered for an open Council position. Mr. Goff seconded. Mr. Goff would like people to understand that this flyer invites people to nominate someone they feel is qualified, with the caveat that people will nominate only persons who are willing to serve.

Mayor Cooke reviewed the motion and wondered if it should not include that people would state their reason and purpose for wanting to be on the City Council. Miss Marcie read the motion as understood, “That a flyer be sent out to ask people with reasonable qualifications to step forth and be considered for an open Council position.”

Mr. Arakawa agreed with Mayor Cooke that he would like to know their qualifications and desire to be part of the process and be considered for an elected Council position. (Please note that this was not stated as an amendment to the original motion.) He would like to streamline the flyer to make it very, very “block” minimal. Mayor Cooke asked to amend the motion to say that Mr. Arakawa will write the flyer and that it will be sent out with a deadline for submission by noon on July 17th. Mr. Goff motioned to same. Mr. Kitchens seconded the motion.

Mayor Cooke called for a vote on the original motion with the amendment. (City Clerk Note - The wording for the original motion by Mr. Arakawa was discussed and debated, but stands as stated above.) Mr. Arakawa, Mr. Goff, Mr. Kitchens, and Mrs. Ruys voted “yea”. Mr. Mohr abstained. Motion carried.

It was determined that some time would be set aside before or after the meeting on July 18th to look at the applications.

ACTING MAYOR pro tem:

Mayor Cooke feels very strongly that the City should have an acting Mayor pro tem since Mr. Mohr will be off the Council at the end of this meeting, and there will not be a formal vote for a replacement until a new Council Member is chosen.

For Acting Mayor pro tem, Mayor Cooke recommended Kelly Goff for the position. He has always done an excellent and thorough job of any assignment he has taken on, and, in fact, often goes above and beyond of what is expected of him. He is very up front and open and accessible to everyone. He has been in this City longer than any of the rest of Council so has a historical prospective. He is the chairman of the Financial Affairs Committee and has been studying the laws as to how the tax digest should be handled. With this experience, Mayor Cooke feels Mr. Goff would be able to handle aspects of the budgeting process, which is coming up shortly.

Mr. Arakawa nominated Mr. Kitchens to fill the position of Acting Mayor pro tem. Mr. Kitchens said he appreciates the nomination. However, does not think he can dedicate the time it would take should he have to assume the position of mayor. Mr. Goff feels that Mr. Arakawa and Mrs. Ruys are also capable of doing the job. After some further discussion, Mr. Goff agreed that he would accept the position as long as it was temporary.

Mr. Kitchens motioned to nominate Mr. Goff. Mrs. Ruys seconded. Mr. Arakawa, Mr. Goff, and Mr. Kitchens, and Mrs. Ruys voted in favor of the motion. Mr. Mohr abstained.

CITY PLANNING/VISION STATEMENT MEETING:

Mayor Cooke reminded Council that the meeting is scheduled for July 18th at the Chapel from 9:00 a.m. to noon. Mr. Bruce Green, who is head of the City Planning Department with the Georgia Municipal Assoc. has agreed to facilitate that meeting. He has a great deal of experience in municipal government and in facilitating meetings. There will be no charge for this first meeting, because the City is a member of the Georgia Municipal Association. Normally, the charge would be $300 to $600.

The Homeowners Association Advisory Board will be participating with the City Council at the meeting. The meeting will also be open to the public since all the Council is going to be together. Miss Marcie was asked to post the meeting on the announcement board.

Mr. Arakawa asked to clarify what the issues are going to be on the 18th. Do not feel comfortable with the survey being a topical issue. Would like the survey to be aside to that meeting. Mayor Cooke indicated it would be. Mr. Green plans to bring out what the participants feel is important. He will be making note of that and will help Council to go through what he determines to be important things to consider. (Set up for the meeting was discussed.)

1998 TAX MILLAGE RATE:

Miss Marcie informed that the City is required to set the tax levy for 1998 so the County Tag Department can apply this rate to the motor vehicle ad valorem tax.

It was determined that this rate would be decided at the next meeting of the Financial Affairs Committee. Mr. Goff reviewed that the suggestion from the prior council is 6.5 mills. This is not cast in stone, because the Digest has just been received. The Digest figure and the proposed budget together will determine the millage rate. The goal of the Financial Affairs Committee is for a maximum of 6.5 mills, perhaps a little lower. Do not want to dip into the treasury unless it is absolutely necessary. The Tax Digest did not go up as much as anticipated, which may mean that next year the City will have a windfall when all the reassessments are complete.

MEDIAONE FRANCHISE FEE:

Mayor Cooke informed that she was sent a letter by the Vice President of MediaOne Government Affairs. Has distributed copies to Council Members. According to MediaOne, they are asking permission to include in their charges an additional amount to cover the franchise fee which they must pay to the City to operate here. This would, in turn, slightly increase the City's tax revenue from MediaOne. Do not think the City needs it and am concerned that our residents would be angered to see this additional fee on their bills

After some discussion, Mr. Mohr motioned not to give MediaOne permission to include the franchise fee in the calculations of their gross revenue. Mr. Kitchens seconded, and vote for approval of the motion was unanimous.

MEALS ON WHEELS DONATION:

Mr. Goff has a letter from a Meals on Wheels representative. This is an organization in the City to which he donates his Council Member salary.

On behalf of the City of Berkeley Lake Meals on Wheels volunteers, would like to request the City of Berkeley Lake to approve a monthly or annual donation. This would greatly help to offset the cost of our needy Senior or disabled citizens that receive meals. There are now six individuals that we are delivering to from the ages of 83 to 96, five within the City limits and one in a surrounding neighborhood. The cost of a meal is currently $1.70. There are 21 days in an average month. Even this low monthly amount can be difficult for people on fixed incomes. Since the monthly donations of one of your Councilman's salaries, our citizens are enjoying an approximate 50% reduction, and they are so appreciative. Please give this request your sincere consideration and if we can provide additional information to help you justify a donation, just let us know.

Mr. Goff clarified that they are requesting a donation of $150 a month. The City has some very needy people, and we are going to have more. A huge amount of the population is nearing retirement. This is such a small amount and would make a tremendous difference.

Mrs. Vasta Lucas (10 Lakeshore Drive) explained how the need is determined for placement to receive help from Meals on Wheels - financial and because a person is not able to prepare meals or get out on a regular basis to get well rounded meals. Mr. Mohr asked how they determine who is in financial need versus those who physically need help but are financially able.

Mayor Cooke wonders what will be done with a surplus if $150 is not needed. Ms. Lucas explained that money that is not needed will go to a fund to pay for the meals for people who absolutely cannot afford them.

Mr. Carothers informed that there are basically various aspects of Charters and enabling legislation's, some of which authorize charitable contributions and some of which do not. One of the ways to make such a donation is to enter into a contract with the organization. There are ways to do it. Encouraged Council Members to find out as much from Ms. Lucas as one would need to know about the program and the entity which is providing the service.

After some further discussion, Mr. Goff motioned to table the request for a donation until the next meeting. Mrs. Ruys seconded, and vote for approval of the motion was unanimous.

ARC DEVELOPMENT OF REGIONAL IMPACT:

Mrs. Ruys asked Mayor Cooke if she had responded to the information regarding the proposed apartment development near Club Drive on the other side of Interstate 85. Mayor Cooke indicated she had not seen the information so did not respond to it.

CITY COUNCIL MEETING LOCATION NEGOTIATIONS/CHAPEL ASSOC:

Mrs. Ruys informed that the Chapel Association is negotiating for $90 a meeting to use the building. That is $75 per meeting plus a setup fee/cleanup fee of $15. The Association would like to have a years payment up front. Mrs. Ruys proposed leasing it for 24 meetings and 6 meetings on a floating basis, as needed.

Some discussion ensued. Mr. Mohr said it is very hard to predict the number of P & Z meetings which will be held. Would guess that there might be about 9 per year but would not exceed 12. There was a consensus that Mrs. Ruys should negotiate for 24 months with the provision that the City receive the $90 rate for additional meetings, as necessary.

PAYMENT AND PERFORMANCE BOND ORDINANCE:

Mr. Carothers explained that the $40,000 is a State number. Basically, the City of Berkeley Lake number is $1,000, which means if a contractor does work for the City in excess of that amount, they need a Payment and Performance Bond. Rather than violate our own ordinance, suggest raising our number to match the State. Mr. Goff motioned for a first read of the Ordinance to amend Section 32-202 of the Berkeley Lake City Code. Mr. Arakawa seconded. Vote for approval of the motion was unanimous.

PLANNING CALENDAR:

Mr. Arakawa asked that a planning calendar be posted in City Hall to show all the events, which include GMA events and County Commission events. Then, when a Council Member comes by, there will be a 30 day glimpse of what is going on.

There was some discussion as to how to get this information. Miss Marcie wonders how to make such a calendar functional, i.e., would a Council Member come in and look at the calendar and then insert their names on the dates they wish to commit to. Mayor Cooke asked Mr. Arakawa to assist Miss Marcie in facilitating the initial setup of such a calendar.

CITIZEN INPUT:

Mr. Mohr presented that a citizen has expressed concern that the backup facility at the pumping station for Miramont could create a threat of lake pollution if a sizably long power failure is experienced and the response time is delayed.

Mr. Kitchens explained that there is a 24 hour battery on the station that will keep it running. The County doesn't like to gamble with that, so they will go on high priority to get a generator out here. They know the battery is there, but they proved to us they are capable of responding in difficult situations. Do not know how often they check the battery to make sure it is working.

Another citizen is concerned that once the clean-up is done, there is going to be a lot of raw earth left for various reasons. The suggestion is that the City contact the County DOT and arrange with them, probably at the City's expense, to come in with their hydroseeding equipment and treat the areas that are going to be quite bald as a result of the work being done. There was a consensus of Council that Mr. Mohr will ask Mr. Flaherty to follow-up on this and to share his concerns in detail.

Mrs. Ruys wonders if the general population knows they are responsible for the uncovered earth in their yards. Has received a lot of calls from people wondering what the City is going to have FEMA do.

Mr. Mohr suggested calling the residents attention to the release forms they signed in the first place, when they allowed FEMA to come onto their property. It is clearly spelled out there that they can tear your property up, and you have no recourse.

Mayor Cooke asked Mrs. Ruys to please submit a paragraph or a statement to Mr. Kitchens for inclusion in his flyer that he and Mr. Flaherty are going to put out regarding clean-up and debris, etc.

CITY CLERK ASSISTANT VACANCY:

Mayor Cooke said the position of City Clerk Assistant is soon to be vacant. This position has been held by Mrs. Mohr, who is departing. Miss Marcie has indicated she will take the responsibility to find a replacement for her.

Mr. Goff suggested that a small announcement could be put out with the flyer that is going out about the candidate for Council. Miss Marcie could let the citizens know this way and then decide on whoever she wants.

Miss Marcie informed that she knows someone that is quite interested. Wonders if she should then proceed to advertise the position.

Mr. Mohr commented that if there is someone Miss Marcie knows and feels comfortable working with, it is every bit within her right to say that she wants that person. She has been asked to find a person so should find the person in whatever way is most effective.

Miss Marcie said she would like to pursue the position with the person she has in mind and make sure everything is acceptable. If not, then will advertise.

RIGHT-OF-ENTRY:

Mayor Cooke informed that Miss Marcie has asked Mr. Carothers to prepare a Right-of-Entry to her home, which she will sign. This will allow City officials to get into her house to do City business should that be necessary. Mayor Cooke wonders if it would not also be a good idea for the City officials to have a key to her home as well, perhaps to be kept in the safe deposit box.

Miss Marcie said that she has thought about the providing of a key to accompany the Right-of-Entry. Feels that if there were an issue where something happened to her, and her family did not seem to be cooperating with the City, then it becomes a legal matter. Therefore, suggests giving a key to her home to the City Attorney.

Mr. Carothers was agreeable. Said if he were not available, the office would actually have the key. It will go into the office file cabinet.

CODE REVISION:

Mayor Cooke pointed out that someone will have to be found to take over the revision of the Code. Mr. Mohr has done a great deal of work on the Charter, but he was also going to work on the Code after that. Perhaps a candidate can be found who is willing to do this.

Miss Marcie informed that Mr. George Sipe is working really hard on some parts of the Code already.

THERE BEING NO FURTHER BUSINESS, MR. GOFF MOTIONED FOR ADJOURNMENT. MR. ARAKAWA SECONDED, AND VOTE WAS UNANIMOUS. THE NEXT COUNCIL MEETING WAS SCHEDULED FOR AUGUST 4 AT 7:00 P.M.

Respectfully submitted,

Marcie E. Zielazienski

City Clerk/Treasurer