CITY OF BERKELEY LAKE

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

Council Members: Anthony Arakawa, Kelly Goff, Boulton Mohr, Sherry Ruys

City Attorney - Richard Carothers

Mayor - Marguerite Cooke

Zoning Enforcement Officer - Stanley Kelly

City Clerk - Marcie Zielazienski

CITIZENS - Approximately 8

Mayor Cooke took her chair at 6:55 p.m. The meeting was called to order at 7:05 p.m.

Mayor Cooke informed that there will be no Ordinance Enforcement report this evening because Councilman Tom Kitchens, who is the chair of this committee, is in the hospital. His condition is improving, so he is expected to be home in about a week. Probably won’t be able to resume a normal schedule for about one month.

INVOCATION BY JANE HARDWICK:

APPROVAL OF MINUTES:

Mr. Goff motioned for approval of the minutes of March 3, 1998. Mr. Mohr seconded the motion. Vote for approval of the motion was unanimous.

APPROVAL OF FINANCIAL REPORT:

Mr. Goff informed that the financial statement that Council has received will be tempered by the annual report that was submitted to the Financial Affairs Committee for review recently. There were several corrections to be made, so the annual report won’t be presented until the next meeting. The report does show that the City is in very good condition. Details will be forthcoming soon.

Mr. Mohr motioned for approval of the financial statement for March 1998, as submitted. Mr. Goff seconded the motion. Vote for approval of the motion was unanimous.

APPROVAL OF ZONING ENFORCEMENT OFFICER’S REPORT:

Mr. Goff noted that the ZEO has collected a very high percentage of the amount budgeted for licenses and permits. Is very sure these collections are going to be higher than anticipated, which is very good.

Mr. Mohr said Mr. Kelly has exceeded the budgeted amount for a number of years. The City looks forward to many more years of this.

Mrs. Ruys inquired as to how much of a buffer zone was to be left between Berkeley Walk and Berkeley Commons. Mr. Kelly will check this information for her. Mrs. Ruys would like some assurance that the developer is keeping the right amount of trees and buffer zone between the two subdivisions.

Mr. Arakawa inquired as to how the dates on the variance requests are stupefied - are they posted or placed in some kind of record so that when the requests come up, the community is informed

Mr. Kelly informed that variance requests are passed directly on to George Sipe, the Chairman of the Planning Commission, with the appropriate documentation. He in turn arranges for the posting of the property and also for the placement of an ad in the legal section of the newspaper. Mr. Sipe takes care of all the notification.

Mayor Cooke asked Mr. Kelly to inform the Council of the disposition of the citations & summons, which were issued to a couple of residents in Berkeley Walk. Mr. Kelly told Council that the matter was discussed with the Mayor & the City Attorney, and it was decided that it would be preferable to have an "out of court" settlement. Have arranged with each party to pay a fine of $100, which payment would negate a court hearing. One party has paid already, and the other payment should be forthcoming shortly.

With no further questions forthcoming and no objections, Mayor Cooke asked that the record show that Mr. Kelly’s ZEO Report has been approved as submitted.

POLICE REPORT:

Mr. Goff asked Officer Dunlap to give the Council some idea where the speeding tickets were issued. Were they concentrated in one area or spread out over the City Officer Dunlap informed that all the speeding and stop sign violation tickets were written in the vicinity of City Hall. He observed the violations sitting in the driveway of the residence across the street from City Hall on the corner of Bush Road and Berkeley Lake Road.

Officer Dunlap said he was mainly running radar but ended up writing more citations for the running of the stop sign than for speeding, because the drivers did not see the police car - even though it is perfectly visible - backed up in the private driveway. (The resident of this property has given his permission for the police to utilize this area.) Officer Dunlap informed that the highest speed he caught on radar was 58 mph. The average speed of the violators was about 50 mph.

With no further questions forthcoming or no objections, Mayor Cooke asked that the record show that Officer Dunlap’s Police Report has been approved as submitted.

ROADS AND PUBLIC WORKS REPORT (Previous Director & Acting Director):

These reports are attached herewith. Mayor Cooke asked Council if there were any questions pertaining to Mr. Nick Lore’s report. Reported that she is still waiting on a letter from the Gwinnett Department of Transportation regarding the condition of the

culvert under Berkeley Lake Road by Mr. Lustig’s property. After receiving that report and DOT’s recommendations as to what Mr. Lustig can do to decrease the chances of flooding on his property, will turn this information over to the new Director of Roads and Public Works for follow-up.

Mr. Goff asked about the hole being referred to in the report. It is located by Carl and Hazel Dixon’s property. Wanted to clarify if this hole was actually on their property or on the right-of-way. He was informed that the Dixon’s insist that the hole for this drainage pipe is on the City’s right-of-way. Mr. Goff uggested that the excess rock placed at some of the other problem drainage sites be placed at this site.

Some discussion ensued about the drainage problems on the lake side of Lakeshore Drive, especially at the property of Brian and Debbie Smay. Mr. Goff explained that all the drainage runs off onto the side of the road, and there are no curbs. There is no way to put curbing to correct the drainage to one site without increasing the water flow to another property. On Lakeshore Drive a huge amount of curbing would have to be installed to move the water to a location where it would be appropriate to release the flow. Most residents would find such curbing undesirable.

Mayor Cooke explained that she has looked into the Smay’s drainage problem and has discovered that they do not have in place a way to divert the water coming down their driveway into the backyard and to the lake. Also, their front door is at ground level. There is nothing the City can do.

Mayor Cooke asked if there were any questions regarding Mr. Flaherty’s report. Mr. Goff inquired as to what is going on with the road repairs which John Wieland Homes was supposed to make. Some discussion ensued. Mr. Flaherty indicated that he has been briefed on this issue by Mr. Kelly. However, not being officially appointed to the position of Director of Roads & Public Works, did not feel comfortable to proceed further.

Mr. Kelly informed that the person with John Wieland Homes, who would be in charge of getting these repairs made, has been ill. However, expects to get things on track in the near future. It was suggested by Mrs. Ruys that a citation or some kind of penalty be applied if the repairs on the list submitted are not made in the near future. Council agreed by general consensus.

Mrs. Ruys asked that the lattice frame for the portable toilets at the beach be replaced as Mrs. Hardwick suggested - looks very bad.

Mr. Arakawa asked Mr. Flaherty for a time frame for the observations he has noted in his report. Mr. Flaherty indicated he hopes to address all the issues listed within the next couple of months.

With no further questions forthcoming or no objections, Mayor Cooke asked that the record show that the reports of Mr. Lore and Mr. Flaherty have been approved as submitted.

COMMITTEE REPORTS:

Charter Review Committee - Mr. Mohr

Reported that he has a much cleaner copy of the Charter to pass out. Thanked Miss Marcie for producing it.

Asked the Council Members to take a good look at it, because whatever the committee recommends is going to require approval of the Council. There are several things which the Council Members might want to be considering.

Council terms - all five members of Council are currently elected at the same time. Council may want to consider staggered terms. Council might also want to consider lengthening the terms, possible from two years to four years, so that with staggered terms a City election would not be necessary every year.

The Mayor’s term is currently a two year term with a maximum of two consecutive terms. Council may want to keep it that way or change it.

As regards the Council meetings, a quorum currently constitutes the Mayor plus four, which is an unusually high attendance required. Pointed out that the US Senate and House of Representatives doesn’t require quite that high of a percentage to conduct business. Might want to consider a quorum of three Council Members and the Mayor.

Mayor Cooke asked if the Mayor is absent and the Mayor pro tem is presiding over the meeting, does the Mayor pro tem count as one of the four members presently required for a quorum Mr. Mohr said that the Mayor pro tem does count. Mr. Carothers gave the opinion that the Mayor pro tem does actually vote as a member of Council, even though serving as the presiding person. Mr. Mohr does not feel that is spelled out in the Charter and probably should be.

Another thing Mr. Mohr suggested Council should look at is the Mayor’s veto power. Under the current Charter, a three fifth’s majority of the City Council will pass legislation. If the Mayor vetoes it, a three fifth’s majority is required to override the veto. If the Mayor’s veto is to count for anything, it ought to be more difficult to pass a legislation again over the veto than it was to pass the legislation in the first place.

Again, Mr Mohr encouraged the Council Members to read the Charter closely. Does not wish to influence thinking either way, but the things mentioned are all things that Council should think about.

Mr. Mohr reported that he has submitted this Charter to the three former mayors, who live in the City, for their comments. He has asked that they have these comments back to him by the middle of April. Planning and Zoning will have considerable input with the ordinances but not with the Charter. This body will definitely be submitting recommendations regarding the zoning ordinances and perhaps the developmental ordinances as well.

A committee will be formed for the City Code but not for the Charter. Mr. Mohr is of the understanding that since the Charter revisions must go before the State legislators next January, this definitely has priority over the City Code revision.

City Decorations Committee - Mrs. Ruys

Asked if she has a budget for City decorations.

Mayor Cooke asked Mrs. Ruys if she would like her to ask for volunteers for this committee in the next Mayor’s letter. Mrs. Ruys indicated she has been calling around and nearly has a complete committee already.

City Hall Expansion Study - Mrs. Ruys

Reported that the next meeting of this committee will be on April 22 at 7:00 p.m. in City Hall. At this meeting will be a first read of each of the three proposals being researched:

1. Total new construction of a City Hall;

2. Expanding the current structure;

3. Fixing up the current structure, but leaving it the same size.

The committee is trying to gather and assess all the information related to the pursuit of each of the options mentioned. These proposals will be cleaned up and finalized and then will be submitted to Council.

Financial Affairs Committee - Mr. Goff

Referred to the account balance report dated March 31, 1998, which Council has received. The annual report has been delayed because of several items that are missing. The main thing missing is the actual appraised value of the lots the City owns, which were not listed as an asset on the balance sheet. Mrs. Ruys asked whether there is an accurate survey of these lots, whereby, Mr. Goff is not aware that there is one.

Miss Marcie informed that she is not aware of a good survey on this property. Has looked but has not been able to obtain one. Suggested that the survey filed with the County might have being lost in the fire that destroyed the Court House some years ago. Mr. Carothers pointed that two surveys by two reputable surveyors could not make "heads or tails" of the old plat. They found different pins and things. Locating the boundaries on some of the older lots has proven to be very difficult in some cases.

After some further discussion, it was determined by general consensus of Council to obtain a good survey of the property owned by the City in the location of the City Hall.

Homeowner’s Association Advisory Board - Mayor Cooke

Reported that the meeting of the Board, held on March 28, 1998, was a huge success. With a 100% attendance of all the homeowners presidents in the City, or their representatives, there was still much active discussion at 1:30 p.m., even though the meeting was scheduled to end at 12.30 p.m. Each of those present had a chance to comment and to present the issues of concern in their communities.

The agenda and summary minutes of the meeting (both are attached herewith), were reviewed for Council by Mayor Cooke. She feels getting these representatives of all the neighborhoods in the City together was a very constructive thing to do, because it served to let them know that we are all on the same team.

At the conclusion of the meeting, it was agreed that this group should meet every six to eight weeks or at least quarterly.

Traffic Control Committee - Anthony Arakawa

Thursday, April 9 is the next meeting of the Traffic Committee. The results of the first meeting were dramatic in terms of what has been attempted in the past, with respect to traffic control in the City. The information was brought forth by previous administrations. We got some good feedback in terms of what efforts have been tried in the past, so that we won’t end up "going down the same roads" specifically as before.

He thanked Mayor Cooke, on behalf of the committee, for her efforts in meeting with County Department of Transportation officials.

This group feels they have a lot of direction in terms of signs; issues specific to sidewalks, how much they would cost, etc.; issues specific to speed humps - what is and is not applicable within our City, County, or private roads, issues associated with counts on the roads - where they run the counters across the road, issues associated with the fact that the County does not look at Berkeley Lake as a high crime area or a high traffic area.

This committee expects to be getting close to reaching a conclusion as to what makes sense as recommendations.

Mayor Cooke commended Mr. Arakawa for getting the group together every two weeks. He explained that the group feels the traffic control is a very volatile issue so want to do as much as possible.

CITIZEN’S COMMENTS:

Mayor Cooke opened the floor for citizens comments.

Jane Hardwick (770 Lakeview Lane) -

Mrs. Hardwick said she has brought a list from several people and has added a couple of comments regarding matters discussed at this meeting.

Would like the citizens attending to have copies of the agenda and all printed material which the Council will be referencing - all reports, etc. It is rather vague to hear the Council passing on reports when the citizens haven’t had the opportunity to look at them.

Regarding the terms of office in the Charter, the State dictated several years ago that the cities choose two or four year terms. This community chose two year terms because it was hard to get people to run for office because of the mobility of the population. Would hope that if longer terms are chosen, special elections will be required rather than the mayoral appointments. This would prevent past happenings where Council, after six

months to a year, ended up being comprised of the mayor’s personal friends. As a result, the votes were skewed for the community as a whole.

Trust the Charter revision will respect the deed covenants that have been in place and follow the deeds to perpetuity. However the Charter is changed could offend the deed covenants if these rights are not considered.

Regarding the City Hall property and the survey, if the old maps are consulted, it will be noted that some of the lots are Free Pass and Repass (FPR), set aside so residents who live off the lake will have unobstructed access to the lake. The lot across the road from City Hall was a court case because someone started to construct a house on it. Mrs. Dennisson’s husband fought this case all the way to the Georgia Superior Court and won.

Have supplied the Mayor with a couple of news articles regarding the announcement about the huge complex of soccer fields, softball fields, and baseball fields. In addition to this development, Norcross is putting all of their schools in a nearby area. Am fearful that the Gwinnett County DOT may determine to widen Berkeley Lake Road all the way around because of the large amount of extra traffic that will be generated by these facilities.

Another issue, which many people have asked me to address, is the unsightly garbage cans left out on the right-of-ways for week after week. The garbage collection teams have staggered collections, and as a result, garbage cans and garbage seems to be sitting out all week. This is hurting the appearance of our community.

Stu Davidson (296 Lakeshore Drive) -

Inquired how long a car can be parked on the right-of-way. Noted that there is one at 336 Lakeshore Drive that has been there for about six months and hasn’t been moved. Mr. Kelly will look into the matter.

Have talked to Environmental Design about the mowing. They will be mowing this week.

The house at the corner or Little Ridge and Berkeley Lake Road has filled in a ditch. Want to make sure that when they are done there, this ditch is cleaned out so the water can flow freely where it should. Also, want someone to make sure culverts are cleaned out or installed where they should be. Right now, they have filled in a couple of the culverts in this area, one of them being their neighbors, the Sullivans.

The City is being continually damaged by the runoff from the new Atlantic Bank at the corner of South Berkeley Lake Road and Peachtree Industrial Boulevard. Estimate this damage at a cost of about $10,000 to date. Every time there is a big rain, more damage is done to the City. Found out at the last Berkeley Lake Homeowners Assoc. meeting that the reason there was such heavy damage from this area is that the people who were supposed to put up the siltation fencing at the bank site last November left. A lot of mud washed down, and has now washed into the streams and lake.

Mr. Arakawa inquired if there had been a stop work order on that facility until something was done about the siltation. Mr. Davidson said there had been. Siltation fences were installed, but these would only help with the washing of new siltation. This does nothing to control the mud that is already beyond the fences.

Mayor Cooke reminded that Mr. Davidson has volunteered to assist whoever is the Director of Roads and Public Works. His help is very much appreciated.

Mr. Mohr - In regards to the comments about drainage ditches and so on, whose responsibility is this It is my understanding that it is a homeowner’s responsibility to keep the drainage ditches under their driveways clear. Is Mr. Flaherty to be in charge of enforcing that If so, will he write a letter to an offending party himself, or will the City Attorney write a letter or will the matter be brought before the Council for direction There are numerous areas along Lakeshore Drive, in particular, where the drainage ditches are plugged up.

Mr. Goff - Suggested that the City could intercede and cause to be or clear out any of the drains on City right-of-way. On the County right-of-ways wouldn’t the County be responsible

Mayor Cooke - Would like further discussion on this matter to continue during the work session. Asked for additional citizens comments. With none forthcoming Council will setup for the working session. Any citizen desiring to leave at this point may do so. Those who would like to stay are welcome.

OLD BUSINESS

OUTGOING MAYOR’S GIFT:

Mr. Mohr reported that he has spoken with Mrs. Schmidt regarding a gift selection for the former mayor. She informed that the outgoing mayor has a great desire for an expensive tool. With Mrs. Schmidt’s suggestion, propose to get him a gift certificate of $350 at Home Depot, so he can use it toward the purchase of this piece of equipment.

There was a general consensus of Council for Mr. Mohr to proceed.

JOB DESCRIPTION - DIRECTOR OF ROADS AND PUBLIC WORKS:

As directed by Council at the last meeting, the City Attorney has prepared an ordinance and made changes as necessary for the position of "Director of Roads and Public Works."

Mr. Mohr does not feel the changes are major enough to defer a second read and passage of the job description at this meeting. It does not appear that any of them are major enough to be researched and considered. The only changes are that the appointment is "on an annual basis" in Section Two and Item "o" was added, which reads, "To submit a report of significant activities and actual time spent in performance of his or her duties to the Mayor on a monthly basis;

Regarding procedure, Mr. Carothers explained that the way the job description is written, the Director of Roads and Public Works does not have enforcement powers. If a citation needs to be written, Mr. Kelly will need to do that. If these powers are not addressed in the job description for the Director of Roads and Public Works, then the person holding this position does not have them.

Mr. Carothers pointed out that the City Code gives the Zoning Enforcement Officer or a police officer the authority to write a citation if there is a violation of an ordinance. By general consensus of Council, it was determined to leave this structure as it is, and change it later if there appeared to be a need. Mrs. Ruys would like the procedure for the issuance of citations stated in the job description.

Mr. Arakawa motioned to better define the procedures of citation for the position of Director of Roads and Public Works. Mrs. Ruys seconded the motion.

Mr. Carothers suggested adding, "To make recommendations to the Zoning Enforcement Officer with regards to possible ordinance violations and enforcement," would probably better define the procedure.

Mr. Mohr would like to include the police officer in the procedure because there will definitely be cases where Officer Dunlap would more rightly be involved than the ZEO. The vote was unanimous in favor of the motion.

Mr. Arakawa motioned to add an Item "r" to the job description to read, "To make recommendations to the ZEO or City police officer with regard to possible ordinance violations and enforcement thereof." Mrs. Ruys seconded the motion. Vote for approval of the motion was unanimous.

Mr. Goff motioned for approval of a second read of the ordinance as previously submitted with the amendment of Item "r" and the addition of Item "o" and the correction in Section Two to add "on an annual basis". Mr. Mohr seconded the motion. Vote for approval was unanimous.

Mr. Carothers noted that in application of the motion, this individual will in all probability be a City employee from whom the IRS will want to withhold taxes. Mr. Kelly noted that there are no specific hours set, no vehicle is provided, and no specific place of work is provided. This work will be performed strictly on the persons own hours, time, etc., so is, therefore, an independent contractor.

Mr. Carothers pointed out that the IRS has targeted local governments throughout the State of Georgia and the Southeast because all of them try to keep down employee numbers by using independent contractors. It was concluded that this matter will be investigated further by Mr. Goff and Miss Marcie.

Mr. Goff motioned to sequentially accept the resignation of Mr. Nick Lore and approve the appointment of Mr. Bob Flaherty as the Director of Roads and Public

Works in 1998. Mr. Arakawa seconded the motion. Vote for approval was unanimous.

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

Discussion ensued regarding the possible use of the grant money which was not used for the trail to the river as originally intended. The contract states that this grant money must be used by June 30, 1998. However, it may be possible to get a delay on that if something is "in the works".

Mayor Cooke has talked with the grant administrators at DNR, and they inform that there is some specific criteria for the use of such money. The money should be used to make a natural areas more accessible and usable for all our citizens. These people were quite clear that they did not want the money back.

Mayor Cooke suggested a few ideas for use of the money, i.e., to put in a walkway around Berkeley Lake Road from Bayway Circle to the top of the dam; to use the property across the street to build some kind of inconspicuous trail into the area and put a bench for sitting in a small clearing; or to take care of some erosion in the greenspace. It had been suggested that the money might be used for another piece of playground equipment, but the DNR did not feel this use met their criteria.

The cost of constructing a trail into the property across from City Hall would be $12,000 to $15,000. Some debate ensued regarding this issue

Mr. Goff feels putting in a walking trail on the property would present a great liability to the City. Mr. Arakawa is concerned as to whether the property would have to be posted or somehow advertised.

Mr. Carothers informed that he would have to give some thought to whether the City can use FPR property to put it to the use being suggested. If the City were to improve it, this would become a public facility. He advised that it might be better to use this money for something else. By clearing an area and building a trail, the City is inviting people in. Simply leaving the property as greenspace is not sending an invitation.

Mayor Cooke informed that she had several design engineers come out and look at the paved walkway option. They said it would cost many dollars to do this. It would be costly because a storm sewer would have to be installed and the walkway would have to be handicapped accessible. Called Ed Pierce, a Gwinnett County roads design engineer, about installing a natural trail. He said they would have to approve any regrading and does not think this would happen.

Mr. Mohr commented that this area is one of the most dangerous areas in the City, so why invite more liability.

Mrs. Ruys would like to use the money to clean up some of the streams in the City, such as Mill Creek. After some discussion it was determined that this money could be used for

such purpose only if the owners of the private property abutting the streams would be willing to give the public access to the stream, so they can enjoy it also.

Mr. Mohr strongly suggested that Council might consider giving the money back. Resent being forced to spend $12,500 if we’re not ready to spend it. At this time, there is no specific need that matches their criteria. After a short debate, Mrs. Ruys motioned to postpone discussion on this matter until the next meeting. Mr. Goff seconded the motion. Vote for approval of the motion was unanimous.

NEW BUSINESS

MAYOR’S MEETING WITH MR. BRIAN ALLEN (DIRECTOR OF GWINNETT COUNTY DOT:

Mayor Cooke reviewed the list of questions which she discussed with Mr. Allen and his assistant, Mr. Bill Powell (letter of March 31, 1998 - attached herewith). Mr. Allen had reviewed all the questions and was able to bring in charts, maps, and so on and thoroughly explain everything. It was a very good meeting.

Responses to the questions were as follows:

1. It has been determined that there was a little washout under the road, around the culvert, and that a little grouting will shore it up. They will write a letter to the City to this effect, with recommendations as to what Mr. Lustig should or could do with the creek on his property. The pipe is basically intact, but the connections around it need to be shored up.

2. Referred Mr. Allen to the Mayor’s letter to Mr. Joseph Womble and included that to him. One of the items mentioned was the fact that there is a big hill on a steep curve. Asked if the side of this hill could be cut down to allow better visibility. It has been determined that this would be too expensive for the County to do, and in addition, when something is done like that to provide better vision, people who are driving through will simply speed up. This would be the opposite effect of what everyone wants.

There is a problem of providing a flashing light before the entrance there. Told them about the flashing light warning of a vehicle entering the roadway on Bush Road, and asked them if this couldn’t be done on Berkeley Lake Road. Mr. Allen informed that this is not done for private drives - only for streets. After some discussion, Mr. Allen finally agreed that the County DOT would do this for Berkeley Lake if the City would share the cost of the materials. A letter will be sent to this effect.

3. Mr. Allen advised that there is no problem lowering speed limits on the City streets, if okayed by our attorney, but the County DOT does not allow the City to lower speed limits on County roads. Speed humps are not put in on County roads such as Berkeley Lake Road - classified as a major collector. This designation sounds bad, but they start out as residential, which is what Howell Ferry is classified as. The

next classification upward is major collector. Then, there is minor arterial, major arterial, and principal arterial, which is a freeway. This places Berkeley Lake Road only one notch above residential. Mr. Allen suggested that a speed device or radar might be helpful in controlling the speeding.

Officer Dunlap informed that this is already being done under the County’s radar permit. However, cannot run radar on N. Berkeley Lake Road anywhere near the dam because of the grade. It is more than a 7% grade, which is exempted. South Berkeley Lake is no problem as long as there is a 500 foot visibility area. Can sit here near City Hall and have a clear 500 feet.

Mr. Allen said the speed limits on the roads are based on the 85 percentile rule - a rule that is used by the State and the County to determine the speed limit which should be enforced. Basically, it says that 85 percent of people driving down a road will drive at a safe speed regardless of how it is marked. This is how the speed on Berkeley Lake Road was determined, and the County will not change it.

4. Mr. Allen has assured that changes are not dependent on the count or volume of traffic. It simply depends on the 85% rule.

5. Any police officer the City might employ may give tickets on any roads that are within city limits.

6. Mr. Allen informed that the City could annex the road. Norcross has, in fact, gotten a right-of-way for annexation along Peachtree Industrial Boulevard. The annexation went all the way across the road to the edge on the other side. No land on the other side was annexed.

Norcross has a continuous boundary with Peachtree Industrial Boulevard. Berkeley Lake does not have that but could issue tickets in the area where the city limits cross over. Also, if there are any spots where the City boundary goes up to the road, tickets could be issued.

7. There are no plans to widen Peachtree Industrial Boulevard. Duluth does plan to put in a sidewalk down this road all the way from Hwy. 120 to the entrance to Summerchase apartments. The County has applied to put in a sidewalk from Summerchase up to Old Peachtree Road where the new park will be.

There are plans to widen Berkeley Lake Road between Peachtree Industrial Blvd. and Buford Highway to make it three lanes instead of two.

There are plans to put in a sidewalk from Medlock Bridge to Lou Ivy Road. The next logical place would be to Berkeley Lake Elementary School.

Berkeley Lake Road will be widened near the school. The road will be closed two to three weeks this summer.

CITY HALL OPEN HOUSE:

Mayor Cooke informed that there will be a City Hall open house soon. Since it is so difficult to get everyone together, would like to have a vision statement work session the same day. Several meeting dates were discussed. It was determined to hold the open house on May 2nd from 10:00 a.m. to 12:00 noon. The vision statement work session will be scheduled at another time.

INSURANCE LICENSE FEE ORDINANCE:

Mr. Goff motioned for a first read of the insurance license fee ordinance. Mr. Mohr seconded. Vote for approval of the motion was unanimous.

LGIP RESOLUTION TO AUTHORIZE INVESTMENT:

Mr. Goff motioned to accept the LGIP Resolution to Authorize Investment. Mr. Arakawa seconded.

Mrs. Ruys is concerned about withdrawals or deposits being made to the City accounts without two signatures. Miss Marcie said one person could do transactions, but cautioned that if there is going to be a requirement for two signatures, then maybe three signatures should be on the account. Two signatures are there now to enable the City to continue functioning in the event one person is absent. There was some further discussion regarding how many signatures should be required and at what monetary amount.

Miss Marcie expressed concerns about continuing City business without imposing difficulties. Suggested that the minimum limit for transactions to the LGIP account be set at $10,000. Mr. Goff said that a minimum limit could be placed on an account by the signature cards, with a corporate resolution.

Miss Marcie informed that she doesn’t use checks or deposit slips with the LGIP account. Transactions are done by wire transfer.

Mr. Mohr asked for the previous question. Mr. Arakawa, Mr. Mohr, and Mrs. Ruys voted to return to the previous question. Mr. Goff abstained.

Mr. Arakawa, Mr. Mohr, and Mrs. Ruys voted in favor of the motion to accept the LGIP Resolution to Authorize Investment. Mr. Goff abstained.

GWINNETT COUNTY EFFLUENT PIPELINE RIGHT-OF-WAY:

Mayor Cooke reminded Council that the County has petitioned the City to put in a pipeline on City right-of-way along Peachtree Industrial Blvd. Mr. Carothers has sent a letter asking for detailed information regarding the request for easements. He has asked for the County's survey because they have offered a certain amount of money for these easements. It must be confirmed that this offer is a fair market value. Hopefully, Mr. Carothers will have more information by the next Council meeting.

Mr. Arakawa inquired whether maintenance bonds, erosion bonds, or any other bonds are put forth for projects of this nature. Mr. Carothers explained that the County does not do this work themselves. They use independent contractors. Think it would behoove the

City to get all the information and assurance possible to make sure the waterways are not damaged.

This pipeline will run from way up in the north end of the County to the Crooked Creek Water Treatment Plant on Holcomb Bridge Road. That is the only place the EPD would permit the additional 20,000,000 gallons of water a day of effluent to go.

All the effluent in the County is going to be pumped to the new sewer treatment facility which lies in a triangle formed by Georgia 20, 985 and 85. The reason it is up there is that they do not want anyone to be near the treatment plant. They bought 500 acres, with no one around and bounded by highways. That part was reasonably intelligent, but the con is that the effluent must be pumped up there and pumped back.

Believe the County is trying to follow one of the Colonial gas pipeline easements that runs down along the same path. They are trying to track this pipeline because people will have already built accommodating the easement. Would love to have them put it on the other side of the road.

Mr. Arakawa inquired how cooperative the County will be in issues like this. Mr. Carothers feels they will be very interested in the City’s concerns. Doesn’t know if they will move the line to the other side though.

LATTICE WORK/CITY PARKING LOT:

Mrs. Ruys would like to see the lattice work in the parking lot replaced as Mrs. Hardwick has suggested. After a short discussion Mayor Cooke asked her to call Mr. Flaherty about to get him to take a look at this and make a recommendation.

COUNTY MATCHING GRANT MONEY:

Mr. Arakawa inquired about the $125,000 fund, which was going to be distributed to cities for purposes of construction, etc. Mrs. Ruys informed that Mr. Carothers has checked, and there is nothing left in that fund. That amount was to be distributed throughout the whole county.

CITY HALL/COMMUNITY CENTER:

Regarding the residency issue, Mr. Carothers informed that there are two ways of looking at it. If you have a public park and charge differential fees, can non-residents be prohibited In reverse order, do not think non-residents can be prohibited. There may be a way to charge differential fees for certain facilities as long as the fees are not prohibitive.

HOUSE BILL 343:

Mr. Arakawa asked Mr. Carothers what the City Council should do about House Bill 343 the privatization bill). There are a lot of issues in this Bill associated with how it will impact cities.

Mr. Carothers will contact GMA and find where the pressure points are. This Bill will continue to come up in one form or another. When a city takes on an interprise, many hoops must be jumped through to prove that private industry could not do it better or cheaper. If, in fact, you are comparing what the city can do for cable service, for instance,

it would be necessary to lever into the equation all the taxes that would have to be paid if this was private and all the other things in order to put the municipality on a level playing field with private industry. The Bill imposes many different kinds of regulations. Need to find out who to contact and who we need to work with.

EXECUTIVE SESSION:

Mr. Mohr motioned to go into Executive Session to discuss pending litigation. Mr. Arakawa seconded, and motion passed by unanimous vote. 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. MR. GOFF SECONDED, AND VOTE WAS UNANIMOUS. THE NEXT COUNCIL MEETING WAS SCHEDULED FOR MAY 5 AT 7:00 P.M.

Respectfully submitted,

Marcie E. Zielazienski

City Clerk/Treasurer