CITY OF BERKELEY LAKE

4040 BERKELEY LAKE RD.
BERKELEY LAKE, GA 30096-3016
CITY COUNCIL MEETING
June 2, 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 7

Mayor Cooke took her chair at 6:50 p.m. The meeting was called to order at 7:10 p.m.

INVOCATION BY GIA LILLIE:

APPROVAL OF MINUTES:

After a brief discussion regarding the continuation/completion of the last paragraph on Page 12, Mr. Goff motioned for approval of the minutes of May 5, 1998. Mr. Arakawa seconded the motion. Vote for approval of the motion was unanimous.

APPROVAL OF FINANCIAL REPORT:

Mr. Goff pointed out that the balance would begin to gradually fall as time goes by because the income has peaked.

Mrs. Ruys inquired about the law enforcement amount of $1800. Miss Marcie explained that the police officer gets paid every two weeks, so the month of May is showing three payments of $602 each making the total higher than usual.

After some further discussion regarding the different line items and what they represented, Mr. Mohr motioned for approval of the May financial statement as presented. Mrs. Ruys seconded the motion. Vote for approval was unanimous.

APPROVAL OF ZONING ENFORCEMENT OFFICER'S REPORT:
Mrs. Ruys inquired about the “final inspections including tree density study” before a Certificate of Occupancy is issued. How many trees per acre is that

Mr. Kelly explained that there is a scale for determining the number of units per acre based on the number of square feet in a lot, the tree density and size measured at breast height. In Berkeley Lake the requirement is 16 units per acre. The computations for figuring compliance are very complicated.

Mr. Mohr agreed. He said one really needs to study the tree ordinance to begin to understand how a determination is made. It is rather complex and rather difficult to explain. He commended Mr. Kelly for being very consciencious, not only about tree density but about tree distribution on a lot.

Mayor Cooke said it is her understanding of the County ordinance that if a private homeowner wants to clear cut his property and he has less than an acre, then he may do so. Mrs. Ruys agreed that the Gwinnett County Tree Ordinance is not effective for residential, for right now. The ordinance is being rewritten. Mr. Mohr said he is concerned that there are no restrictions in the County ordinance as to size of property and tree distribution, i.e., if there is a 10 acre development, all the trees could be in one half acre of the 10 acre site.

Mr. Arakawa inquired as to whether Mr. Ingle has been informed about the results of his communication. Mr. Ingle had complained to the State that there might be a violation of the Soil Erosion and Sedimentation Act. Mr. Kelly explained that he has tried repeatedly to reach both Tracy Ingle and Steven Ingle to tell them what is happening - has left messages but has not heard from them. (A full explanation of the complaint is attached to the ZEO report.) Their concerns have been addressed, and the State has been informed.

Mrs. Ruys asked when the hydro-seeding is going to take place, whereby, Mr. Kelly indicated he does not have a date yet. Mr. Kelly explained that he had a meeting with Ron Payton, the builder, and he agreed to have their regional vice president put it all in writing, at the request of the Berkeley Walk Homeowners Association, and an agronomist has been hired. Mayor Cooke said the City has received a letter from Mark Conway of Wieland Homes, and Bartlett Tree Experts, who Wieland Homes has employed to re-landscape the Berkeley Commons area. Thinks the letter speaks for itself.

Mayor Cooke read a paragraph from the letter, “We are currently working with the landscape architect for design and specifications on permanent ground cover and tree planting. We have committed to provide the City of Berkeley Lake and the Berkeley Walk Homeowners Assoc. with a written copy of our intent as soon as the recommendations are final. We have already committed to several future Berkeley Commons homeowners that we will be replanting from 25 to 50 native trees per lot, depending on the tree loss sustained as well as providing the necessary ground cover.”

Mayor Cooke asked Mr. Patton to specify what trees are being put in there. That was done in the letter from Bartlett Tree Experts, and Mr. Patton assured that the trees that were going to be put in there were going to be eight to nine feet tall. (Mayor Cooke gave Mrs. Ruys a copy of the letter.) The trees are to be Southern Magnolia, River Birch, American Holly, and Sweetgum.

Mrs. Ruys is concerned as to what caliber of tree these are going to be - the diameter at breast height. Believes this is what we have to be concerned with. Mr. Mohr feels that they should not proceed with this until it is determined where the emergency watershed preservation people are going to need their access points to clear out Mill Creek.

Do not want half of everything planted torn out. Does not want to be asking five months from now about the trees that were promised. After further discussion, it was determined that there should be some sort of time line.

Mrs. Ruys reviewed that in January, Mr. Montgomery told the Council that John Wieland Homes would fix the curbs and streets in Berkeley Walk. Mr. Flaherty explained that these repairs are being handled by Wieland Homes. The work is already in progress. Mr. Goff motioned to approve the ZEO report as submitted. Mr. Arakawa seconded the motion. Vote for approval was unanimous.

POLICE REPORT:

Officer Dunlap commented that he does not feel the crews can possibly be finished with the storm cleanup within the next couple of weeks. On the traffic problems, have met with Councilman Arakawa. We had a very good discussion about the speeding and various other traffic problems in the City and have some good ideas about how to get it stopped. In researching some of the traffic laws, have found some things that might be useful here.

The City has the capability to set up a Recorder's Court. If the Court can be set up and convened, the money for tickets can go directly to 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.

ROADS AND PUBLIC WORKS DIRECTOR REPORT:
Mr. Goff - What is the policy on the stumps He said there were some stumps on his property that they said they could not reach so would put them on a report to ask the County to send a stump grinder. Have seen them reach down with their claw - 20 or 30 feet - and drag up stumps. Know that the crews are behind so am worried that they are slacking off now.

Mr. Flaherty - There is one debris removal crew assigned to Berkeley Lake. Occassionally they will do some road work, but mainly they are working on personal property.

Mrs. Ruys - What about the crew that was in Berkeley Walk They pulled out last Tuesday, a week ago, and haven't been back.

Mr. Flaherty - Have been told by the Wieland crews that Johnny Smith Trucking shut down for a while to do some negotiating with the County.

After some further discussion, Mayor Cooke asked Mr. Flaherty to find out what he can about the matter.

Mr. Kitchens - About the debris that is again being piled up at the boat ramps, is the City still covered for reimbursement for removal of this

Mr. Flaherty - Imagine the City is. Again, it must be moved to the road.

Some discussion ensued about the length of time it was going to take to do the road work on South Berkeley Lake Road. Different amounts of time are being quoted. There was a general consensus that the repairs are expected to take about 70 days.

Mr. Flaherty - Regarding the danger at the lift station, talked to the fellow that is in charge of the maintenance of these facilities in the County. He was on the crew the night of the storm. He said the Miramont station was down to 2 to 3 hours of remaining power. It has 3 hours of peak volume, and there is a battery powered cell phone that dialed them when the lines were down. This worked, so there was no danger of a spill.

Mr. Mohr - Appreciate the response time, and the response mechanism obviously worked quite well, but what if the outage had extended for maybe 24 hours as it did with many areas of Berkeley Lake What would the maximum life of the backup system be.

Mr. Kitchens - When they received the alarm, they brought out a backup generator.

Mayor Cooke - They had to clear debris on Lakeshore Drive themselves to get the backup generator to the station.

Mr. Arakawa - About plats and records, would like to know at what stage you are in for getting that material.

Mr. Flaherty - Gave Miss Marcie a list and at this point most of that has been fulfilled. There are some independent surveyors, other than Precision Planning, that have not yet provided full size plats. (Invited Mr. Arakawa to meet with him so he can show him what he has.)

Mayor Cooke - Wish to commend Mr. Flaherty for his letter to the President of the Miramont Association regarding the cleaning up of debris that is in one of their ponds there. This debris is endangering one of the earthern dams in the subdivision.

Asked Mr. Flaherty to please write a letter to the Lustigs, who are on South Berkeley Lake Road across from the spillway, and inform them of the DOT evaluation of their situation regarding the water flow through the culvert on their private property and to also give them your recommendations as Director of Roads and Public Works.

Mr. Kitchens motioned to approve the report of the Director of Roads and Public Works, as submitted. Mr. Mohr seconded the motion. Vote for approval was unanimous.

COMMITTEE REPORTS:

CHARTER REVIEW COMMITTEE - Mr. Mohr

Mr. Mohr passed out a draft of a charter that has been prepared. Reported that the GMA has a model city charter - an extensive thing. Our City Attorney requested that Berkeley Lake be provided with one. The draft is based on the GMA model charter. It incorporates a number of the elements in our Charter but goes much further and deals in certain areas that our Charter probably should have dealt in but didn't.

Notes were passed out as reference to the Mayor and Council Members as they read the draft. (These notes are attached to these minutes.) Some things to consider - regarding corporate boundaries, the model charter says to refer to the map, which would most probably be in the files of the City Clerk. In this way, about three pages of description of property boundaries is avoided, and this also enables a change to the boundaries of the City without having to change or amend the charter.

The powers are pretty much what the current charter lists. The Vacancy of Office procedure is updated in Item 4. Item 5 of the current charter makes no reference to conflicts of interest. Picked up verbatium from GMA the wording you see in the draft. My personal concern about being an officer or a member of a board of a homeowners association is not included in that. As we further discuss this, intend to recommend that it be, but this concern is not addressed here. The quorum has not been changed. Think this is something that this Council will be discussing.

Have only been able to get with one of the former mayors, Richard Schmidt. He suggested that the quorum requirement for meetings to be conducted by the Mayor pro tem be changed to four council members plus the Mayor pro tem. Presently only three council members, plus the Mayor pro tem are required.

Have not dealt with anything regarding the changing of the terms. Another suggestion that Mayor Schmidt made was that it was from his experience that we might consider the term of the office of Mayor be changed from two years to four years and maybe limit it to one term - maybe a maximum of two terms. His rationale is that the office of mayor of this City is so different from any other office that the mayor might have previously occupied, that it takes the better part of the first year to really learn, get seated in it and become effective and productive. So, he feels under the current charter the mayor really only has one effective year in office. Will not ask for a comment from our current mayor but see she is nodding her head in assent. Whether or not to consider four year terms for council is another matter.

Mayor Cooke - Is concerned that it might be a problem to get someone to agree to commit to four years. Obviously, it is hard to get the vast majority of people to commit to two.

Mr. Mohr - Said the City used to have longer terms of office. Does not remember that it was hard to get people to run for office then. Maybe things are different now, so this is an item to think about.

Council may want to keep Item # 10, the veto and the veto over-ride, the same as it is now or change it. Currently the override requires three votes, which is simply a repeat of the three votes required to pass whatever it was that the mayor wishes to veto. Council may want to change the requirement to four votes to override a veto. Currently, unless there is a huge change of heart on the part of someone, the mayor's veto only serves to delay the execution of whatever the motion or ordinance was by one month and to put the mayor officially on record as opposed.

Mrs. Ruys - Pointed out that the veto powers as currently written serve to keep the Council in charge, and Mr. Mohr agreed.

Mr. Mohr - Asked Mr. Carothers if the GMA's designation of Municipal Court different from the City's designation of Recorder's Court.

Mr. Carothers - All the courts are now called municipal courts. Recommended that the name be changed to municipal court.

Mr. Mohr - Mr. Goff was asked to review Finance Article # 6, Item 12. The current charter refers to specific dates regarding budget submission and approval. The fiscal year might be changed, so these dates may be changed. Instead of dates have put in specific lead time.

Think the next step to the charter revision is to have a work session, or if all or each of the Council Members or the Mayor would like to call me individually to discuss certain points, am very receptive to that.

Mayor Cooke - Is there a consensus from Council as to whether to have a work session or to bring this up at the next meeting under Old Business.

Mrs. Ruys - Think Council should spend some time on this in a working session rather than just try to handle it at a Council meeting.

Mayor Cooke - Reminded that it is extremely difficult to get everyone together for another meeting. Plan to ask Council tonight, as mentioned last month, to give a time for a City planning session - a vision statement session.

Think the alternative suggestion of contacting Mr. Mohr individually on the proposed charter would save on time, and then he can come back with these suggestions at the next meeting.

Mr. Mohr - Part of the GMA documentation has some elaboration and explanations as to why things are dealt with the way they are and why they are in the city charter, so as one reads through it and has a question, I might have an explanation as to why they are written the way they are.

This draft should probably be approved and be ready to submit to our representatives in the State Legislature by September. Invite anyone to call me over the course of the next month, so that the draft can be passed in the August Council meeting - at the very latest at the September session.

Mr. Arakawa - Perhaps if the Council Members feel after a month that a working session might be beneficial to brainstorm some things, then we can proceed from there.

Mayor Cooke - Asked Mr. Mohr if, based on the comments received from the Council, to determine whether or not to put that on the agenda or not under New Business. If this cannot be done, then perhaps a working session should be set in time for the August meeting.

Realize that a great deal of time and effort has been put into these proposed revisions, and I thank Mr. Mohr very much on behalf of the City. This is a great undertaking. Your stepping forward to do this is very much appreciated.

CITY DECORATIONS COMMITTEE - Mrs. Ruys

This committee has met. There are a lot of people who want to be on this committee. It is growing and growing, and a lot of good ideas are being generated.

One of the things that the committee wants to do is the luminaries, so please save your one gallon plastic jugs - not the yellow ones. These will be done with sand and candles. It has also been suggested to ask everyone to put red bows on their mail boxes. For those who do not want to bother with buying a red bow, making one, etc., we are going to make provisions for that. We want to put a large tree in the playground area and plan to put lights on it.

We want to have a united Christmas party for the children rather than have one at Berkeley Walk, one at the Chapel, one at Miramont and River Mansions, and so on. The party will probably be outside with our Santa Claus arriving by red convertible maybe - whatever the budget will allow.

CITY HALL EXPANSION COMMITTEE - Mrs. Ruys

This committee consists of Bill Mayton, George Sipe, Barbara Biggs Wessel, Marcie Zielazienski and myself. Have typed up the committee's recommendation because it became apparent where we were headed.

The committee decided to do heavy research on three alternatives. There was new construction (alternative A) with the possibility of relocation. The committee studied the present location, a portion of the newly purchased 63 acre tract, and the lot right across the street. The 63 acre tract was immediately thrown out because the public mandate is to leave it like it is. The lot across the street is deed coventanted Free Pass and Repass. It is not a buildable lot. This left only the property where City Hall now stands. Mrs. Wessel did the research on building on the present site. She owns Biggs Building Supply and is very knowledgeable about construction. (All the records regarding this research will be on file in the City Clerk's office.)

The second choice (Alternative B) was to expand and remodel the present City Hall, which you are sitting in. The third choice (Alternative C) would be to refurbish the present City Hall making no structural changes - only cosmetic.

The recommendation of the Committee is to pick Alternative C, which is to refurbish the present City Hall, making no structural changes - only cosmetic. The reason the committee did this is because we feel we do not want to obligate taxpayer money as much as it would be necessary for either of the other two options. Our proposal is to turn this building into the City business hall, to cosmetically improve the exterior with the money that has already been allocated from last year's budget and to allocate money from this year's budget to spruce up the interior a bit.

As far as the furnishings for the interior, we will put in two desks with two locking file drawers. These two desks can be interchangably used between the Mayor, the City Clerk, our municipal judge, and our police officer. Only two would ever be using them at the same time anyway - will just incorporate that hoteling idea. We will put a round table and five chairs for small committee meetings. The City Council meetings, the Planning and Zoning meetings and any other large town hall meetings will be held either at the Chapel, the fire station, or possibly Berkeley Walk Community Center.

Regarding the expansion of this building, there is not really anything usable about the building. If we start looking at it, the electricity would all have to be done. All the furnace, the air conditioning, everything would have to be redone. The foundation would probably not withstand a new roof, which it would have to have. The ceiling height would have to be raised. Lastly, if structural changes are made to this building, then all the City, County, State, and Federal codes come into play - setbacks, parking lots, handicapped access, etc. We figured to get enough parking, the parking for the park as well as the City Hall to be used at the same time all these trees would have to be cut to make a parking lot, and that is not what Berkeley Lake is all about. These things are the rational behind our recommendation for alternative C.

Would like to put this to a vote tonight under New Business.

Some discussion ensued. Mrs. Ruys explained that she is right now beginning negotiations with the Chapel Board regarding use of this building. The committee did figure that the City could rent the Chapel at the current price for 150 years before spending as much as it would cost to build a new building.

Mr. Mohr suggested that the City Clerk be consulted as far as arrangements with the Chapel are concerned. A few years ago the City did have an arrangement with the Chapel - last year two arrangements. One was that they committed to quarterly payments for an unspecified number of meetings that they would use the Chapel. A fixed amount was paid quarterly. It was determined that this wasted money because the City did not have the need to use the Chapel that often. The current proposal would set up a minimum need of 12 uses plus the number of times the Planning Commission would need to use it. Mr. Mohr hopes that an accommodation can be reached with the Chapel Association. Mr. Goff commented that the rental of the Chapel would be an ideal thing for the City.

Mayor Cooke - Asked if there were any other questions or comments regarding the City Hall Committee's report from Mrs. Ruys. Know everyone on the committee was involved in finding out the information. A lot of work was done in preparing the report. Personally am disappointed with the recommendation because had hoped to have a building for all the government functions.

The committee's recommendation will be heard under New Business. This report has been received by City Council and will be entered into the City records.

Mrs. Ruys asked that the City Hall Expansion Committee be desolved, effective after June 25, 1998 when the final meeting will be held.

FINANCIAL AFFAIRS COMMITTEE - Mr. Goff

Intend to present a motion to change the fiscal year. The reason for that is that we can make an all inclusive tax year, to have everything in one year. This will require our new year to be a fourteen (14) month year, which really presents no problem. Think we will have a more accurate figure to help give a tax decrease. The committee is going to recommend that we drop from 7.5 mils to 6.5 this year (1998) and possibly to 5.5 the following year (1999).

HOMEOWNERS ADVISORY BOARD - Mayor Cooke

Have had a number of the homeowners association presidents ask me to get together again. The morning of June 27 from 9:00 a.m. to 12:00 noon will be the next meeting.

TRAFFIC CONTROL COMMITTEE - Anthony Arakawa

Want to get more control on the traffic, speeding, and people cutting through our community. This was discussed with leaders of previous administrations to get their ideas and input as to what we might do about traffic in the City. Wish I had been invited to the meeting with Brian Allen (Director of Gwinnett County Dept. of Transportation). There are some things that were being discussed that I would like to have been a part of.

The Traffic Control Committee does not think it is significant to invest a lot of money for police as our crime does not justify a police force.

Officer Dunlap - We do not have to have the 500 foot visibility to use radar in a speed limit area of under 35 miles per hour nor do we have to give them 10 miles over. Since the City streets are 25 miles per hour, it would be legal to use the radar.

Mr. Arakawa - There are a number of citizens on Lakeshore Drive that want speed humps. However, previous administrations have studied this matter and have found that there is an ongoing cost involved with having them. Asked Officer Dunlap about a type of radar called the “Hawk”.

Officer Dunlap - The “Hawk” is a very good thing. Cars can be clocked in front of a police car and behind them. Do not know if all the officers are going to have them.

Some discussion ensued. Mrs. Ruys asked about setting up a court to be able to keep the ticket proceeds. Mayor Cooke said Judge Margaret Washburn will be available to come in and serve on our court. Council would have to determine a time that she could come in. Mr. Mohr would like to do a cost analysis to see if it would be advisable to start holding a regular court. There are a number of cost involved, so all the proceeds are not profit.

The City is going to need a court clerk. Very good records must be kept. Even on recent news, a community nearby found out they had a whole bunch of tickets written but didn't know what they were for.

Mayor Cooke would like to have this on the agenda for the next meeting. Wants to get a report from Officer Dunlap and Counselor Carothers as to the feasibility of setting up a regular court and the cost involved.

Mr. Arakawa suggested to Officer Dunlap that his report not be over the past three months because of the focus in terms of tornado damage - may want to go back to something that may be more consistent in the past.

Officer Dunlap said that as far as traffic control, this was a pretty average month - about twelve citations. He told Council that he has been very lenient. Right here at this stop sign, could write every other car if he really wanted to.

Mr. Arakawa thinks that is might be good to have a projection as to what the potential could be. We are not looking for revenue here. What we are looking for is deterents.

Mr. Mohr asked Officer Dunlap if he had been able to determine who placed the red arrow under the “No Parking” sign outside Berkeley Walk, this side of the entrance. Mr. Arakawa indicated he thinks the County did that - is looking into the matter.

Mr. Mohr - Asked Mr. Carothers who has the right to control parking on a County road in the City. Mr. Carothers indicated he would need to look into this question but assumes a lot of the regulations will be with the County.

The concern is in regards to the acceleration/deceleration lane for Berkeley Walk. It is a no parking area. An arrow was put up on the no parking sign to the right of the entrance that indicated that the no parking only referred to that portion between the entrance and that sign - which totally defeats the purpose of the lane. That arrow was put up within the last month. Mr. Arakawa has indicated the County put it up there, and I wonder by what right they put it up there.

The Planning Commission fought very hard to get John Wieland Homes to put that lane in. We went back and forth, round and round, and even back and forth with the County. The Commission was also concerned about people making left turns into Berkeley Walk and potentially causing accidents or at least holding traffic up.

Mayor Cooke - Am delighted to know that you (Mr. Arakawa) would like to accompany me when I meet again with Mr. Allen or any of the representatives of the DOT. As I recall, did let you know I would be doing that, and you in fact gave me two or three questions to ask them - speed humps and if the amount of traffic going through the City determines the speed limits and so on. Did get those answers for you. Apologize if you didn't understand that this was my purpose in letting you know about the meeting.

Mr. Arakawa - Being part of the the Traffic Committee, still would like to have been offered the opportunity. Did not have a specific date or time from you.

The next meeting of the Traffic Control Committee is scheduled for this Thursday, June 4, at 7:30 p.m.

CITIZEN'S COMMENTS:

Mayor Cooke opened the floor for citizens comments.

Gia Lillie (204 Lakeshore Drive) - Asked Mrs. Ruys if anything was said about decorating for the 4th of July. If not, would like to again put the flags on the mailboxes around the City.

Mrs. Ruys said the Decorations Committee did not look into decorating for the 4th of July - were only planning Christmas. Was of the opinion that the BLOSOMS or some other group did the decorating for the 4th. Thinks it would be nice for Mrs. Lillie to put up the flags.

Mrs. Dennisson (3935 South Berkeley Lake Road) - That part of the road between the spillway and the dam has been a major problem with traffic. There have been many accidents. The DOT has said they will be willing to install a “vehicle entering” roadway flashing light. They are ready to install it as soon as the City agrees to assume the cost of the materials. These materials will cost $3555. Considering the seriousness of the traffic there, hope that the Council will agree to assume this amount, install this light and solve a serious problem.

Jane Hardwick (770 Lakeview Lane) - On the Charter revision plan, will the proposed revisions be placed before the citizentry before being taken to the State (Mr. Mohr indicated that this was not planned.) Will citizens have input or just the Council.

Mayor Cooke indicated these are just minimul revisions, mainly to bring our Charter into compliance with State law.

Jane Hardwick - The terms of office are what really bother me. This question was put to the community, and the citizentry voted to have two year terms.

Mr. Mohr - The Legislature has changed the rules some since then. Regarding vacancies in office, it is being proposed that if over 12 months remain in the term of a vacating Council Member, then an election will be required.

Mayor Cooke - Mr. Carothers has recommended that if some substantial changes are suggested for the Charter revision, then a public hearing should be held, probably at the August meeting.

Jane Hardwick - Our Recorders Court in the past has dealt with a lot of other things besides traffic violations. I have observed the proceedings, and Margaret Washburn did an excellent job.

Regarding the stickers for Berkeley Lake cars, one can see six cars at the beach parking lot and only one might have the Berkeley Lake sticker. This ordinance is not being enforced. Think if you say you are going to fine them, then you should fine them. There's the leash law, the parking on the right-of-ways, etc.

OLD BUSINESS

CITY ADMINISTRATOR JOB DESCRIPTION:

Mayor Cooke reported that she has not had time to prepare the first draft of this job description. It is going to be rather lengthy. This has been a very busy month. She reviewed that just today, missed a ceremony and awards ceremony at her daughter's elementary school and her son's school because she was so busy preparing for this Council meeting - got so many phone calls and faxes that had to be incorporated into the meeting tonight.

Mr. Arakawa - Wasn't this job description to include what we were talking about as far as what would be required by that position to fulfill any mandates that are being required by State or government institutions. Thought the idea of a City Administrator was to be able to fulfill some type of duty that you or anyone would not be able to fulfill and that those duties would be related to mandates that this City had to be able to subscribe to remain a City.

Mrs. Ruys - Does not remember a conversation about this. Do not remember anyone saying that we needed to write up a job description for city administrator at all, so will have to bow out of this conversation.

Mr. Mohr - Was of the opinion that the job description was to be for a city manager. The city administrator, to my mind, is sitting across the table from me taking notes right now. (Indicated the City Clerk.)

Mr. Goff - Thought that we said that the job description was going to be for a Mayor/City Manager.

Mr. Mohr - You were going to come up with two lists within the job description. One was of things that had to be done and the second was a “wish list” of things that could be done with an additional employee, who would be a city manager. The “wish list” would have on it such things as meetings that could be attended by this person - meetings that would be desirable from the standpoint of the City such as ARC meetings, GMA meetings, etc. This would be versus the mandatory things.

Mrs. Ruys - Would like to know on that description why a city administrator or a manager would be necessary to go to an ARC meeting or other meetings when a Council Member could be appointed to do that. Think the Council could attend a lot of things that we are not doing.

Mayor Cooke - Would like to clarify where I am coming from on this. Sounds like there is some confusion. As I see it, and perhaps it is just my personal perspective, because I have been informed by Miss Marcie that I am working harder than any other mayor - perhaps too hard. Must be doing a lot more than is necessary for this job. As I see it, it is really way too much to put on someone who is a very part-time person, someone whose predecessors heretofore had full time jobs outside the City.

What I am thinking is rather than have a mayor, per se, this position should be made the City Manager and made into a full time position or at least a half time position and require that the Mayor/City Manager be here working a certain minimul number of hours. From my perspective it is way too much to say that this job is something that somebody can do on the side as they have time.

Mrs. Ruys - Could you give us some sort of accounting of your time on a monthly basis so that we would know how much time you are spending on matters and what you are spending your time on to give us an idea of what you are talking about - what this person would be doing on a daily basis. Could you give us a report like we get from Mr. Flaherty and Officer Dunlap

Mayor Cooke - No, I couldn't do that. Feel swamped so much of the time. Would love to do that - sincerely would - because it would give you an excellent accounting of what I am doing, but I just don't feel I have the time. Maybe could go around with something such as a dictaphone and say into that what I am doing each day and approximately how much time I am spending on it. Could have Miss Marcie type that up if she would be willing.

Mr. Goff - Think if she does make that list, and the list is done property, we could see the things that should be done and could be done and go from there. Think the list is a very good idea. It would be right in front of you and could be checked off - A, B, or C or it could be determined if this is something that could be done by someone else.

Mayor Cooke - On a lot of these things on my list, I could put down an approximate time that would be required per week, where I know it. Will try to get to it by next month.

Mr. Mohr - In response to Mrs. Ruy's concern as to whether making changes to the position of Mayor would require a Charter change, believe it would, but there is still time to do that.

OFFICE HOURS FOR THE CITY CLERK:

Mayor Cooke read from Page 12 of the May 5 minutes. There was a discussion of Miss Marcie's position and how much time is required for it. Miss Marcie said she assumes parttime to be 20 hours per week and asked if the Council would like her to set hours. Said the job cannot be done in 20 hours, but that any set hours less than 20 are the only hours that she would be available for City work except for what she has to do in her office without interruption.

Mr. Mohr pointed out that he thought having some set hours would make her life a great deal simpler - to set some hours and not feel any obligation to return phone calls outside those hours. Hours of 9:00 a.m. to noon on Monday, Wednesday, and Friday were set. Miss Marcie agreed to try this for one month to see how it works. We have a memo now in front of us from Miss Marcie regarding how that has worked out.
(The memo is attached to these minutes.)

The City Clerk is requesting three more months to assess the hours and will then give an assessment at that time. Miss Marcie was asked if she had noted any problems thus far. She reported she has noted that during the time she is working outside the current set hours she sometimes needs people to call her back but does not want to keep answering the City line. Finds herself giving them her personal phone number so as not to miss their call back.

Has been playing around with the memory call a lot and has now set it so an urgent message can be sent without a great deal of trouble. Therefore, if anyone really wants to get hold of her at any time, it is now easy. She reported that she carries the pager most the time to feel confident that people can always get in touch if necessary.

Badly needed quiet time to do her work. Did not realize that she would be allowed to set 9 hours - less hours than the job actually requires.

Mr. Mohr commented that he is sure that some find this a little inconvenient at times, but one must evaluate how important whatever one wanted to talk to Miss Marcie about is. Most of the time it can wait until the set office hours.

Mr. Goff motioned to accept the letter as submitted by Miss Marcie and grant the 90 day extension. Mrs. Ruys seconded. Vote for approval was unanimous.

Mr. Arakawa commented that he is a relative newcomer to this community, but it hasn't taken a very long time to recognize the value that Miss Marcie brings to this community, not only from her character and personality but also from her work ethics, and I just want to affirm my full support for her in terms of her endeavor and hope that she continues to work with us. Without her we would be in deep problems. All the other Council Members agreed with Mr. Arakawa on that.

Mayor Cooke said she agreed and has told Miss Marcie this. Thinks this is why it is very important to find someone who will be able to basically do her job if that is necessary, if only for her vacation time.

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

Mayor Cooke - Referred to Page 8 of the minutes of May 5, 1998, whereby, Mr. Goff had motioned to clean out the greenspace retaining all healthy trees to include the creating of a rough trail to the extent that can be done with the $12,500 grant. Spoke with the grant administrator, Antionette Norfleet, concerning this motion to see how much can be done with the grant. She did not think this would be acceptable. To quote her, “The DNR's main concern is that using the grant to cleanup rather than create the trail would be a misappropriation of the funds. She would like to see a path or a walkway be the main focus with any cleanup incidental to that.”

Mrs. Ruys - Commented that as far as that pathway goes, thinks there has been enough talk about that. Every time the citizens have spoken, they have said they want it left undisturbed. Thinks we should leave it undisturbed.

Did speak with Mrs. Norfleet this morning about asking her specifically what she thought about playground equipment, because our park here is very well used. Had talked to her some time ago, and she had indicated she thought it was a good idea. After our last Council meeting, thought maybe I had heard her wrong, so called her today. She said any playground equipment would be marvelous. She really liked the idea. Said a water fountain, a shelter over the picnic table, benches, trash receptables, even a portable potty which could be modified with a little half moon and little shake shingles, etc. Any of those or all of those she thought would be a fantastic idea and would pass without a problem.

Mayor Cooke - First of all, I spoke with Antionette Norfleet at least two months ago and asked her about putting in playground equipment in our children's park. That was Miss Marcie's suggestion. Mrs. Norfleet definitely told me that this was not acceptable, that the grant money was to be used to establish a recreational use - something that had not already been done - to develop a natural resource area.

Mr. Goff - Why not create a letter and send it to her with that proposal to see what happens. Get the response in writing. Let's get a letter off tomorrow stating what we would like them to do. We'll get an answer in writing and take it from there.

Some further discussion ensued: Mayor Cooke expressed some dismay at Mrs. Ruys calling Mrs. Norfleet after she had called her. Questions were raised as to whether there was some prohibition on this. Council Members agreed that they are working as a consensus building team and for what is best for the City. Time frame to determine the use of this grant money is an issue.

Mayor Cooke personally feels Mrs. Ruy's phone call to Mrs. Norfleet pertains to her integrity, especially in her position here as mayor. Is pleased that there is something that the City can do to use the money but is unhappy, offended, and insulted that someone called and asked the same question already asked by her. This implies that the caller did not believe what had been reported.

Council Members said they had heard two conflicting reports from conversations with Ms. Norfleet. Would like her to confirm the answer she gave in writing. If Ms. Norfleet changed her mind, she should have said so.

Mrs. Ruys reviewed that she simply called and said that the City Council wants to know if there is any other possible use they could pursue for this grant, that they are trying to reach an opinion. Remembered that Miss Marcie had suggested playground equipment so asked about this. Mrs. Norfleet implied that this would be wonderful. She could have changed her story, but this doesn't matter. What matters is the fact that the money can possibly be used now.

Mr. Goff is disturbed if there is a prohibition, wants his understanding to be very clear, against a Council working as a Council. The word means to take Council - to take advice, to give advice, to rehash, to come up with a consensus to do the best for the community. Wanted to know how that can be wrong or how that could be an insult.

Mayor Cooke said she had taken responsibility to check on the matter of the grant fund use. As questions came up, reported back what was said. Believes if the Council does not trust her to do what she says she will do and to report back accurate information as far as known, then sees this as a very definite, very big lack of confidence and will resign. Feels her position is being undermined.

Mrs. Ruys commented that as a Council Member any of them has an obligation to seek out any alternative for anything that they happen to come upon that we feel will help the City in some way, to research it and bring it to the table - to throw it out there and find out what everyone thinks about it - without hurting anyone's feelings. Everyone can vote on it, throw it out, talk about it, whatever. It is not one person's responsibility.

After each Council Member was given an opportunity to state their opinions regarding the matter, they reaffirmed their consensus to proceed with a letter such as Mr. Goff had suggested. It was agreed that Mrs. Ruys should prepare the letter. Mr. Goff offered to pick it up and mail it certified mail at his own expense. He said this is important to us - time is of the essence.

Mrs. Ruys motioned that if Council finds out that the money can, in fact, be used for playground equipment, that this be done. Mr. Mohr seconded the motion. Vote for approval was unanimous.

GWINNETT COUNTY DOT UPDATE:

Mayor Cooke referred to Mr. Allen's response to the questions she presented to him in their March 21 meeting. It took quite a bit of followup to get him to actually write down his responses to my questions. At the March meeting, he promised to reply by April 20. However, had to call, subsequentially, several more times before receiving this response.

A lot of questions are answered here. Asked Mr. Flaherty to followup on Item # 1 with the County to see if they get the pipe work on Berkeley Lake Road. The second part of Item # 1 refers to what I had already mentioned to Mr. Flaherty regarding the Lustig concern about the culvert on their private property.

Under Item # 2 refers to entering roadway flasher. Some discussion ensued regarding the wording of their paragraph where it states that the visibility problem did not exist before there were any houses in this area, an obvious assumption! Mr. Allen did give the City a detailed list of what would be required to put up a roadway flasher.

Mr. Goff commented that the amount stated is reasonable - not cheap but respectable. This light would be in a location where it is badly needed so its installation should be a priority.

Mr. Mohr asked Mr. Carothers for his opinion regarding the City paying for such an item - something that benefits a limited number of persons. Mr. Carothers stated that this is a very dangerous intersection. There is not only a safety problem with the citizens coming out of their driveways but a safety problem for anyone who might be on Berkeley Lake Road at that time.

It was determined that the light would only be flashing when someone was coming out of a driveway. Mr. Goff motioned to authorize the expenditure of $3555.84 and accept the proposal that the City has received; that the City write a letter to Mr. Allen, Director of the Gwinnett County DOT, and attach this proposal for the purpose of installing a flashing light at the location noted for the residents and the travelers on the road. Mrs. Ruys seconded the motion. Vote for approval was unanimous. It was agreed that Mr. Arakawa would write the letter to Mr. Allen to accept the proposal.

STORM DAMAGE/CLEANUP AND RECLAIMATION:

Mr. Arakawa questioned whether the trees had been planted in the buffers between Mr. Rodney Hammond and the Peachtree Lake business park. Mr. Mohr indicated that he not aware that they have.

Mrs. Ruys mentioned that planting trees this time of year is really not a good idea. They should be planted when they are dormant around October or November. It was determined that Mr. Arakawa would bring up the issue again in the fall. Think it makes sense to wait until a favorable time for reclaimation.

Mr. Mohr reported that the City of Berkeley Lake sort of lead the way in getting the waterways cleaned up, but now the City of Duluth and other areas in the County have applied for activity under this same program. The Department of Agriculture people thought it would be administratively best to have the work handled under one entity and that that entity should be the County, which would relieve the problem of the paperwork. There will not have to be an application to GEMA for the 25% reimbursement, so unless there is specific objection here, will get back to them and tell them Berkeley Lake has no objection to the changes.

Such changes would not remove our participation in dealing with the engineers with whom we have already met, so the only thing that would be removed from us is the administrative burden of handling the paperwork. Talked to a member of the Gwinnett County DOT, David Chastant, who is the chief engineer in the storm water area. He indicated that Brian Allen himself will be handling this, but the contact man will be Mr. Chastant. An engineer, Brian Winberg, with the USDA will be coming through later this week with the Army Corp. of Engineers and DNR people to get their authorization to do the work. He, unfortunately, estimates that the work will not be done for about six weeks.

Mr. Mohr said that both he and Mr. Flaherty would stay involved in this cleanup. Miss Marcie will be relieved of the paperwork.

ROADS/ROAD MAINTENANCE:

Mrs. Ruys asked to reiterate that the Berkeley Walk curb and street repair is being done, will be done, and will no longer be an issue by the next meeting. There was some discussion.

Mrs. Ruys told Mr. Flaherty that she would appreciate it if he would stay involved in the storm water issue in Berkeley Walk and Berkeley Commons.

STORM MANAGEMENT DRAINAGE AGREEMENT:

Mr. Carothers explained that this is for their appropriation of funds for this year for the City of Berkeley Lake ($2,000+) for drainage projects in the City. This agreement references the original agreement written when the County started doing this a few years ago.

Mayor Cooke, referred Council to Page 1 of the Supplemental Agreement - under Section 3, the City shall perform storm drainage maintenance work on roads and property located within the City, except within the right-of-way of those roads listed in Exhibit A of this agreement. Funds for this work will be provided by the County, not to exceed the sum of $2,178.

Mr. Goff motioned to accept the Supplemental Agreement # 2 regarding distribution of 1998 funds for storm drainage maintenance. Mr. Mohr seconded the motion. Vote for approval was unanimous.

SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE:

Mr. Carothers explained that this ordinance has essentially being in effect for the past seven or eight years in the City. In 1996 the State wrote and said the ordinance is fine, but the name of the jurisdiction of the Department of Natural Resources needs to be changed. In addition, there are two other paragraphs out of the model ordinance that were missing and needed to be added. Except for the changes noted, this ordinance is exactly the same. The sections that were missing, that were in the model ordinance were on Page 15, Sections 6 - D & E.

After a short discussion, Mr. Goff motioned to place the amended Soil Erosion and Sedimentation Ordinance as presented on a first read. Mr. Mohr seconded. Vote for approval was unanimous.

ANNEXATION DISPUTE RESOLUTION - HB 489:

Mr. Carothers explained that the new law says that if jurisdictions do not amend their land use plans to be the same as the County's, then they must have a land use coordination and dispute resolution process. What this resolution is designed to do is to get cities and counties to stop squabbling - to come up with a plan. It is a recognition that property adjacent to the cities influences property within city limits and vice versa.

What all this means is that if the City of Berkeley Lake were to decide to rezone something, then the County has a right to come and file its objections of record. All the City would be obligated to do is consider the objections. The County has the same rights.

A committee made up of representatives from a number of cities in Gwinnett County has been working on this for over 12 months. They are asking municipalities to adopt this in order to meet the July 12 deadline.

Mr. Goff motioned to approve the Land Use and Annexation Dispute Resolution as submitted. Mrs. Ruys seconded. Vote for approval was unanimous.

CITY PLANNING/VISION STATEMENT MEETING:

Mayor Cooke informed that she has sought advice, regarding this subject, from a number of professional city planners. One of those talked to the most was the Duluth Director of City Planning, Philip McLamore. One of the suggestions he offered was to survey the people for their ideas on some of the important issues that this government is going to be dealing with or that might relate to the future and any long term goals that might be determined - hence the survey.

He advised to contact the Carl Vinson Institute of Government. Contacted this organization and was put in touch with a gentleman named Bruce Green, who will come out and talk with the Council. He is a professional city planner and normally charges between $300 and $500 to meet with a group. However, since the City belongs to the Georgia Municipal Association this first meeting will be free.

Some discussion ensued regarding the date to be set for the meeting. It was determined that the meeting would be on July 18 in the Chapel from 9:00 a.m. till noon.

CREDIT CARD USE BY GWINNETT COUNTY FOR TAX COLLECTION:

Gwinnett County has asked that cities approve a resolution to authorize the use of credit cards for the collection of ad valorum taxes. Since the City of Berkeley Lake collects its own property taxes, this convenience would only affect the collection of ad valoreum taxes for automobiles owned by our residents.

Mr. Mohr motioned to accept the resolution presented by Gwinnett County to authorize the use of credit cards by the citizens of Berkeley Lake for the payment of ad valoreum taxes billed by the County. Mr. Goff seconded. Vote for approval was unanimous.

PROPERTY TAX BILLING DATES:

Mr. Goff motioned for a first read for the City of Berkeley Lake to change its fiscal year to a calendar year ending each December 31. Tax bills to be mailed on August 30th each year with a split tax payment due on October 15th for the first half and November 15th for the second half, with a 5% late payment penalty. This change will cause a 14 month year from November 1, 1998 to December 31, 1999, and the City budget should be drawn up accordingly. Article 3 of the City Code (Page 58) should be amended to facilitate this. Mr. Kitchens seconded the motion.

Mr. Carothers reviewed that this motion, if approved, will require an ordinance. The essentials of the ordinance are before you for a first read. Will bring to you a full amendment to the ordinance which can be adopted at the next meeting.

Mr. Mohr inquired why the committee wants to split tax payments and why they are only a month apart. Mr. Goff explained that they want to go in between the times when the County bills are due. This is an attempt to give the people a break so they do not have to come up with so much extra money at one time. Since the City is charging 7.5 mils, this becomes important.

Vote for approval of the motion was unanimous.

GWINNETT MUNICIPAL ASSOCIATION ATTENDANCE:

Mayor Cooke reviewed that this meeting is held on the second Tuesday of each month, September through May. City representatives should attend these meetings for a couple of reasons. First of all, the Gwinnett Municipal Association discusses items of direct concern to the cities in Gwinnett County. They stay on top of actions being taken by the State and Federal government that might affect municipalities and, also, they were asked by the County to set up a criteria as to how much County funds were to be distributed to the cities. The Association determined that one basis of criteria would be the attendance at these meetings.

Mayor Cooke suggested that Council Members could take turns going to these meetings. They are pleasant with a meal always being served prior to the meeting.

MUNICIPAL LICENSE FEE ORDINANCE:

Miss Marcie explained that the Georgia Municipal Association provides a service whereby they monitor the insurance companies to find out if they have complied with the Insurance License Fee Ordinance mandate whereby they must pay a $15 per year fee to operate in our City. If additional fees are collected, the GMA keeps some of the revenue and pays the rest to the City.

Mr. Mohr motioned for acceptance of the Municipal License Fee Ordinance. Mr. Goff seconded. Vote for approval of the motion was unanimous.

TRAVEL NOTIFICATION:

Mayor Cooke asked the Council Members to leave a phone number where they can be reached in a City emergency if going away for more than two days. There was a general consensus of Council that they would do this.

EMERGENCY MANAGEMENT TEAM WARNING SIREN:

Mr. Kitchens reported that Mr. Frank Daniel was to meet with him on May 20, but the debris cleanup effort has delayed this get together. In the interium, received some information from Miss Marcie and Mayor Cooke on grants that are available for warning sirens. Filled this out and sent to the State a pre-application for a grant relative to the sirens. Won't know until the 29th of this month whether they accepted it.

This grant will be a more comprehensive grant if it is approved. It will be finalized by the end of September, so we could therotically have something in place by then. These sirens are in the neighborhood of $6,000 to $8,000 each. Project that Berkeley Lake might need about three of them.

Mr. Mohr inquired if there was a significant upkeep cost. Mr. Kitchens indicated there is a maintenance contract somewhere in the order of $200 per year on each unit. The sirens could be controled locally or remotely by radio device or by telephone.

CITY HALL EXPANSION STUDY COMMITTEE RECOMMENDATION:

Mrs. Ruys motioned that the $2500 allocated by the last City Council be used to cosmetically enhance the outside of the present building - to wash, repair and paint the siding, install combination screen and storm windows and add gutters to prevent further water damage. To either install a new locking system or change the combination to prevent unwanted visitors. To allocate money from this years budget, to refurbish the interior by painting the walls, changing the carpet, replacing the present inadequate lights to tract lighting, to purchase two desks with locking file drawers to be used interchangably as needed among the Mayor, City Clerk, Judge, and Police Officer. To install two five drawer file cabinets, one fire proof and one regular and one table with chairs for committee meetings. To replace the current bathroom door with a solid core door and install an exhaust fan for noise. These modifications would allow the present City Hall to become a place to conduct City business, including Court and comittee meetings while providing adequate storage for the City records. Mr. Goff seconded the motion.

Some discussion ensued as to how much money it would cost to refurbish the interior. Mrs. Ruys reviewed that one five drawer fire proof file cabinet is $2500. The City actually needs more, but they are expensive. Mr. Goff said he would get one at wholesale. Mr. Mohr motioned to amend the motion to allocate a maximum of $20,000 to refurbish the interior of the present structure. Mr. Kitchens seconded this motion. Vote for approval was unanimous.

Mayor Cooke commented that she is very happy that there will be some fire proof place to store important City documents besides Miss Marcie's basement (first level - lake side), that there will be office space that the City employees can use but has some concern, regarding renting the Chapel for the monthly meetings, because it seems that there was some conflict, some kind of oppositional positioning between the Chapel Association and the City Council. Thinks there should be some kind of written agreement, because if anything should come up in City business that we would want to do that they might object to, could the City be denied the use of the building. There was concensus of Council that there would be a contract. It was also determined that the City has some rights to use the Chapel, which are stated in the Deed.

Mrs. Ruys said the committee also plans to look into storing a lot of the records on microfilm, to make two copies one of which will be in the City business building, with a reader, and the other copy in the safe deposit box at the bank. This way a person can come in, look up something and make a copy.

After some further discussion, vote for approval of the main motion, with the amendment, was unanimous.

ARBOR DAY FOUNDATION:

Mrs. Ruys asked Mayor Cooke to look at the paperwork. If the City can establish a board, pass a proclamation from the mayor, and qualify for a Tree City USA status, then the City will qualify for planting grants for free trees to reforest our community.

CITIZEN'S SURVEY:

Mr. Mohr - The majority of Council has a major problem with this citizen's survey. The major problem is that this survey went out from the Mayor and City Council of Berkeley Lake, but the City Council didn't have input into it other than a phone call from the Mayor asking for suggestions as to what questions should be asked.

Mayor Cooke - The reason I said it was from the City Council is that any items or questions any of you had were included on the survey, and I tried to include them as close to way they had been worded to me as I could. Assumed because your questions, as you had voiced them to me were being included on the survey, that it would be appropriate to include it from you also.

Mr. Mohr - Anything that goes out over a signature of mine, I insist on directly delegating someone to send it out over that signature or seeing it myself. This is common business practice, it is common practice in government and almost anything else.

Mayor Cooke - Never intended to put anything out that the Council would not approve of. From now on, if there is anything that is going to go out that says it is from the Council, will do two things. Will make sure it is read by someone like Dr. Sipe, who said she would be glad to review surveys ahead of time to make sure the questions are neutral and so on and that they actually will accomplish the purpose of the questionaire. Secondly, will get a copy into your hands for each of you for your personal approval.

Discussion:
There were questions raised as to why there seemed to be a rush on getting the survey out, especially with a Council meeting coming up in the very near future. Mayor Cooke explained her reasons for hurrying - another item of City business was going to be distributed and wanted to have the information from the survey back and have it compiled in time for the City planning meeting.

A number of concerns were raised such as the effect the survey might have on the representation and reputation of City Council; the number of phone calls received by Council Members from citizens, who saw flaws in the survey; the fact that issues that were still being discussed in Council were presented to the citizens prematurely; the implication that funds for some programs were easily obtainable when, most likely, the City would not qualify for any of the money. It was suggested that the City Council needed to go on record to disavow the survey.

Mr. Mohr made the following motion: A document entitled “Important Citizen Survey”, dated May 26, 1998, from “The Mayor and City Council of Berkeley Lake” was distributed within the past week to all homeowners in our city. This document contains a combination of misleading and slanted questions as well as inaccuracies. Since the City Council was totally bypassed in the composing and approval of this document, I move that the City Council disavow the document in its totality and cause the residents of this city to be made aware of our disavowal by a special flyer at the earliest possible moment. Mrs. Ruys seconded the motion.

Discussion:
Council stressed that this City government is a cohesive team, a group elected because the people wanted representation of their concerns. Council Members wish to be involved and informed whenever there is any significant business taking place regarding the City, i.e., meetings with government officials, correspondence, etc.

Mayor Cooke apologized that there has apparently been some oversight regarding the distribution of information. She emphasized that one of the first things she wished to accomplish as mayor was to promote peaceful and open communication in government. Indicated that she would take additional steps to make sure every member is fully and timely informed of any significant business regarding the City.

There was some debate of the previous motion. Mr. Mohr motioned to reword the flyer to read, “Regarding the survey you recently received, your city government has decided there are some serious flaws in the wording and direction of a sufficient number of questions to render the survey invalid.” Mr. Goff seconded the motion. Mr. Mohr pointed out that his original motion was still on the table. Mayor Cooke, with the consensus of Council, requested Mr. Mohr to make this motion an amendment to his original motion.. Vote for approval of the amended motion was unanimous.

EXECUTIVE SESSION:

Mr. Mohr motioned that the City Council go into Executive Session for the purposes of discussing pending litigation and land acquisition. Mr. Arakawa seconded the motion. Vote for approval was uanimous. After the Executive Session, the meeting was called back to order. No citizens were present.

THERE BEING NO FURTHER BUSINESS, MR. MOHR MOTIONED FOR ADJOURNMENT. MRS. RUYS SECONDED, AND VOTE WAS UNANIMOUS. THE NEXT MEETING WAS SCHEDULED

FOR JULY 7 AT 7:00 P.M.

Respectfully submitted,

Marcie E. Zielazienski

City Clerk/Treasurer