CITY OF BERKELEY LAKE

4040 BERKELEY LAKE RD.
BERKELEY LAKE, GA 30096-3016
CITY COUNCIL MEETING
March 3, 1998

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

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

City Attorney - Richard Carothers

Mayor - Marguerite Cooke

Zoning Enforcement Officer - Stanley Kelly

City Clerk - Marcie Zielazienski

CITIZENS - Approximately 5

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

INVOCATION BY LIZ BRANSTEAD:

APPROVAL OF MINUTES:

Mr. Mohr referred to Page 17, paragraph 2 - "Miramont" is listed twice in the sentence. One listing should be replaced with "Berkeley Commons".

Mayor Cooke referred to Page 18, paragraph 1 - Mr. Arakawa resigned from the position of president of the Miramont Homeowners Association but not from a position with the association. He is serving as a director.

With no further comments or discussion forthcoming, Mayor Cooke noted that the consensus of Council was to accept the minutes as corrected.

Mr. Carothers offered counsel that the minutes should always be approved by a formal motion, whereby, Mr. Mohr motioned for approval of the minutes of February 3, 1998. Mr. Goff seconded the motion. Mr. Goff, Mr. Kitchens, Mr. Mohr, and Mrs. Ruys voted for approval. Mr. Arakawa did not vote.

APPROVAL OF FINANCIAL REPORT:

Mr. Goff informed that the City Clerk, with previous approval of Council, has moved $100,000 into a Certificate of Deposit at SunTrust. Even though the interest rate is rather low, there will be some income from this investment of the money.

Mr. Goff motioned for approval of the financial statement for February, 1998. Mr. Mohr seconded the motion. Mr. Goff, Mr. Kitchens, Mr. Mohr, and Mrs. Ruys voted for approval. Mr. Arakawa did not vote.

APPROVAL OF ZONING ENFORCEMENT OFFICER’S REPORT:

Mr. Goff complimented Mr. Kelly on the work that he does - a very good job - and the submission of the detailed report to Council.

Mayor Cooke noted Item "E" - the Regulatory Permit issued was for someone doing business in their home. Something will be sent out to the community as a reminder of this requirement.

Mayor Cooke inquired as to whether a date had yet been set for the Municipal Court hearing regarding the basement being finished without benefit of any City licenses or permits. Mr. Carothers has contacted the office of the appointed judge, Margaret Washburn, for Berkeley Lake’s court. When she returns from vacation, he will confirm

an acceptable date.

Mr. Goff questioned whether the court date would have to be posted. Mr. Carothers would like the date posted so people can have ample notice of when Court will be convening.

Mr. Goff motioned for approval of the ZEO Report for February, 1998. Mrs. Ruys seconded the motion. Mr. Goff, Mr. Kitchens, Mr. Mohr, and Mrs. Ruys voted for approval. Mr. Arakawa did not vote.

NEWLY ELECTED OFFICIALS INSTITUTE REPORT:

Mayor Cooke presented that she and all the City Council members had attended the newly elected officials training at the Carl Vinson Institute of Government in Athens, Georgia. It was excellent! The main topics covered were:

Governance: the Role of Mayor & Council/Commission

Legal Issues City Officials Face

Ethics and City Elected Officials

Role of Staff in City Government

Intergovernmental Cooperation

Working With/Through State Legislators

Diversity. . .in the Community and on the Council

Financial Policies

Teamwork Works

City Personnel - Opportunities and Liabilities

In addition to the very comprehensive training, each attendee received reference materials regarding many aspects of government. Mayor Cooke thanked the citizens of Berkeley Lake for providing this opportunity.

POLICE REPORT:

Officer Dunlap distributed to the Councilmembers a summary for February of the police activities in the community and his work calendar schedule. The members expressed their appreciation to him for the report and the work he performs on behalf of Berkeley Lake. Mayor Cooke ascertained that it is the consensus of Council to accept his report, as submitted, and confirmed that Officer Dunlap will be doing this every month.

Mayor Cooke noted that the consensus of Council was to accept Officer Dunlap’s report as submitted.

COMMITTEE REPORTS:

Charter Review Committee - Mr. Mohr

Reported that Mr. Carothers has contacted the Georgia Municipal Association and has obtained on disk a model for city charters. This is a very good model, so anticipate that Berkeley Lake’s Charter is going to look very different once it is revised.

Mayor Cooke inquired if the Charter had been presented to the previous mayors for their input. Mr. Mohr informed that he has not yet done this. Plans to have a presentation on this matter by the next meeting.

City Decorations Committee - Mrs. Ruys

Starting to call people. Asked for volunteers or names of persons who might like to serve on this committee.

City Hall Expansion Study - Mrs. Ruys

Mrs. Ruys passed out a written report to the Council Members. A number of issues were discussed with some research being required before any in-depth exploration can be under- taken. (See report attached herewith.)

Mayor Cooke reviewed that Mrs. Ruys has done a lot of work related to the construction and refurbishing of many different types of buildings, which make her well qualified to chair this committee. Is grateful that she has agreed to take on this responsibility.

Council Procedures Committee - Mayor Cooke

Referred to her Mayor's letter in January and the material that was recently distributed to Council regarding Robert's Rules of Order.

In the last 10 years, several revisions have been published with each one being slightly different. Hopes the City Charter/Codes Revision Committee will look at the possibility of using the Standard Code of Parliamentary Procedure, as revised by the American Institute of Parliamentarians, as the official rule book for conducting City business in the future. This modern language is simpler and more straight forward than the original Robert's Rules of Order.

Asked for questions or comments. With none forthcoming, determined that the work that was cited for this committee to be done has been done and the committee is hereby dissolved.

Financial Affairs Committee - Mr. Goff

The audit statement is complete and is soon available. Wish to advertise by legal notice that the meetings of this committee are scheduled for the first Wednesday of each month at 7:00 p.m. Wednesday was chosen so this meeting would immediately follow the City Council meetings, which fall on the first Tuesday of each month.

Homeowner’s Association Advisory Board - Mayor Cooke

Has talked with the president of the River Mansions Homeowner’s Association, Mr. Jim Davis. Had a lengthy and good conversation with him. Since he is on the river side of the subdivision, we thought it might be best to have someone on the other side, which is within the City Limits, serve on the Advisory Board. Mr. Davis recommended Marcy Medinger. At first Mrs. Medinger was reluctant to get involved as she has participated in the effort to de-annex from Berkeley Lake. However, after speaking with her further, she changed her mind and has agreed to serve.

Plan to have a meeting Saturday morning, March 28th. Will be sending a letter of invitation to the board members detailing goals and expectations.

Ordinance Enforcement Committee - Tom Kitchens

As a result of the survey sent out by Mayor Cooke have obtained the names of six (6) persons who have expressed an interest in serving on this committee. Have talked to three (3) of them to date, and they have all agreed to serve. Plan to setup a meeting as soon as possible and by the next City Council meeting, have a report.

Traffic Control Committee - Anthony Arakawa

Mr. Arakawa passed out a written report to the Council Members. Plan to explore all the resources available. At the training session in Athens talked to officials of other cities experiencing the same traffic problems as we have here. Will be meeting with some of them in the future to find out how they are addressing the issue. (See report attached herewith.)

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Mayor Cooke suggested that the Ordinance Enforcement Committee and the Traffic control Committee may want to meet together some time because of the overlap of issues. Also, keep Mrs. Ruys informed of any special needs which should be considered while studying the expansion of City Hall such as space for police personnel if a higher presence is recommended, etc.

CITIZEN’S COMMENTS:

Mayor Cooke opened the floor for citizens comments.

Jane Hardwick (770 Lakeview Lane) -

Is very concerned about the traffic. Thinks the majority of offenders are young mothers driving "suburban assault vehicles" and teenagers. They are flying down the road! We have got to appeal to the City government for help; to do something and do it quick!

Mayor Cooke - 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

DIRECTOR OF ROADS AND PUBLIC WORKS:

Mayor Cooke - Referenced the job description which she prepared for this position (attached herewith). To prepare the job description, contacted the cities of Duluth and Sugar Hill because they have positions established similar to what Berkeley Lake needs. Also, there is some description of such a position in the Berkeley Lake Code.

Talked to Mr. Stu Davidson, who has been doing a great deal of this work as a contribution to the City. Mr. Davidson does not think a lot of hours will be required to do the job - maybe only 2 to 3 hours per week. More time may be required if the person takes care of the drainage in addition to the roads. Mr. Davidson said he would be willing to assist the new director.

Requested that the City Council appoint Mr. Nick Lore (50 Lakeshore Drive) to the position.

Mr. Mohr - The job description provided (by Mayor Cooke) is much more thorough than the one in the City Code. Wonders if there might be a conflict.

Mr. Carothers - Asked City Council to direct him to review the City Code, Section 3-602. There is some language in this section which he would like to change. The position described in Section 3-602 is a "Director of Public Works", while the position desired is a "Director of Roads and Public Works".

Does not think there is a conflict. The language in the Code does not have to be changed before Mr. Lore is appointed, but it is important to move forward. This language can be changed by ordinance.

There was a consensus of Council to direct the City Attorney to review Section 3-602 of the City Code and to prepare an ordinance to make changes as necessary for the position of "Director of Roads and Public Works".

Mr. Mohr - Asked if there could be a first read on an ordinance change, since the City Council has a job description in hand. With the City Attorney’s approval Mr. Mohr motioned for a first read on the ordinance to change Section 3-602 of the City Code to the job description submitted by Mayor Cooke. Mrs. Ruys seconded the motion. Vote for approval was unanimous.

Mayor Cooke - Asked if there was a motion to accept the job description and appoint Mr. Nick Lore.

Mr. Goff motioned to accept the job description and to appoint Mr. Nick Lore to the position of Director of Roads and Public Works. Mrs. Ruys seconded the motion.

Mr. Mohr - Inquired if the Mayor planned to give this person the authority to approve contracts; for example, the contract for the mowing. Suggests that this person can negotiate the contract, but it must be left to City Council to approve the contract.

Mr. Arakawa - Inquired how "sewer" fits into this job description as the City maintains no sewer system. Mayor Cooke indicated that this applies to the storm water management only.

Mr. Goff - Inquired if the City is issuing purchase orders for any expenses over a certain amount. A requirement for the issuance of purchase orders is highly recommended if this person is being given any authority to approve contracts. (Currently, the City does not issue purchase orders.)

Mayor Cooke - Clarified that the Council would like an amendment to the main motion to say that the appointed person must submit any contract proposals to the City Council for approval. Regarding purchase order request; should the Mayor and/or the City Clerk be authorized to approve these Some discussion ensued.

Mr. Goff moved to amend the main motion to say that the Director of Roads and Public Works will be given authority to negotiate for and propose contracts only, but the City Council must approve them. Mr. Arakawa seconded the motion. The vote was unanimous for the amendment to the motion.

Mayor Cooke called for a vote on the main motion to accept the job description and to appoint Mr. Nick Lore to the position of Director of Roads and Public Works. Vote was unanimous.

REZONING OF THE 9.28 ACRES AT THE CORNER OF N. BERKELEY LAKE ROAD AND PEACHTREE INDUSTRIAL BOULEVARD FROM R-100 TO O & I:

Mr. Mohr motioned to amend the City of Berkeley Lake Zoning Ordinance to Rezone the 9.28 acre tract at the corner of North Berkeley Lake Road and Peachtree Industrial Boulevard, Map Reference 6290-197 (6289-215) from the R-100 classification to the Office-Institutional classification and to amend the zoning map to reflect the new zoning classification. Mr. Goff seconded the motion. Vote for approval was unanimous.

The City Attorney called attention to the fact that the map reference number originally assigned to this property changed from 6289-215 to 6290-197. (When the City purchased the greenspace acreage, the map reference number 6289-215 stayed with the greenspace, and a new number, 6290-197, was assigned to the tract described above.)

SOLID WASTE HANDLING COMMITTEE:

At the February 3, 1998 meeting Mr. Kitchens had been given the go ahead to form a committee to study if it would be appropriate to do the gathering and mulching of limbs and leaves more frequently. He reported that he has already contacted a number of companies about cost and methods, but is still exploring the matter.

Mayor Cooke asked him if there still appears to be a need for a full committee to do this. Mr. Kitchens indicated that there is probably no need to have a full committee to address this matter - that he can handle it himself.

With this assessment, Mayor Cooke noted that if there was no objection, it will be considered the consensus of Council that this committee is dissolved. There was no objection.

OUTGOING MAYOR’S GIFT:

Mr. Mohr reported that he has spoken with Mrs. Schmidt regarding a gift selection for the former mayor. To date, have not heard from her. Will pursue further.

CITY COUNCIL MEMBER AND HOMEOWNER AFFILIATION:

Regarding the conflict of interest concerns expressed at the February 3, 1998 Council meeting, Mrs. Ruys read the following statement: Madam Mayor, Fellow City Council Members, and citizens of Berkeley Lake, GA - May this serve as official notice that in order to avoid any possible conflict of interest issues in the future, I have resigned all positions of power in the Berkeley Walk Community. I will devote all my attention to fair and impartial government for all the citizens of Berkeley Lake.

Mayor Cooke thanked Mrs. Ruys and noted it has been determined, based on advise from the City Attorney, that probably the best way to handle the concern of Mr. Mohr is with a revision in the City Charter.

TRUST FOR PUBLIC LAND:

Mr. Arakawa is curious what is happening regarding the matter of a public trust purchasing Mr. Henderson's land.

Mayor Cooke informed that she has spoken with Mrs. Henderson, who said they are interested in developing their property. There is some land in the flood plain, that cannot be built on. The Hendersons desired to put this part of the land in a Trust where they would still retain ownership but have the community enjoy it. However, found that putting the land into a such a Trust would open it for use by the public. Mrs. Henderson informed the Trust representative, Mr. Kevin Johnson, that the citizens of Berkeley Lake would not be interested in this. Therefore, he has decided not to speak with the City Council.

PEACHTREE LAKES:

Mr. Mohr reported that the business at 4505 Peachtree Lakes Drive, next to the one that had the two offending dumpsters, has been informed by the county that they must abide by the buffer requirement. Therefore, it is the intention of the business to plant approximately 12 Virginia Pines in the very near future.

NEW BUSINESS

WEB SITE LINK:

Mr. Craig Belt (566 Lakeshore Drive) has presented a proposal to Council to modify a hyperlink from the City of Berkeley Lake web site to be used by the Berkeley Lake Homeowners Association. (The proposal is attached to these minutes.) There would be no charge to the City for this service. He has space, already paid for, available on his own site and would like to use it to benefit the community.

He explained to Council that this is not a request for technical guidance. This is a matter of asking for the blessings of City Council. On the link, besides the Berkeley Lake Homeowners information, plan to put a community calendar. This calendar could be accessed by anyone, even if traveling out of the area. It would be a constantly changing information site.

Mr. Arakawa is concerned about controversial issues appearing on the link - who would determine what is controversial. Mr. Belt said this would simply be a link on the City's web site, so if the Council became concerned that something controversial was on the site, the link could be easily severed.

DISCUSSION: The goal of the web site was questioned. It was explained that the objective is to inform the citizens of events, meetings, contacts, etc, and an advantage of having this link from the City's web site is that the City would not have to maintain the information. Mr. Belt could maintain it. Some members of Council were still skeptical.

Mr. Sherwin Levinson (4624 Briar Hill Cove) - the current manager of the City's web site, was asked to comment. He explained that he based his design of the web site on the phone book, which is distributed to all the citizens in the community. In this phone book there is Berkeley Lake Homeowners and other association information along with pertinent City material.

The City has approved of the publishing of this phone book, with homeowners information, Therefore, the web site will work much the same way. Instead of opening a phone book, the interested person will go to the web site and click on the link that Mr. Belt is proposing to establish.

Mr. Belt is also offering to maintain a community wide calendar of events. It would be great to have a constantly updated community calendar. In his proposal, Mr. Belt is also offering to post information for the other homeowners associations in the City. Think it would be appropriate as well to have links, on the City's web site, to other community organizations if there is a similar request.

Mr. Levinson distributed an example of what the City's web site link to the proposed site will look like.

Mayor Cooke - Asked if there was a motion that the Berkeley Lake Homeowners Assoc. be allowed to establish a link to the City's web site in order to post Assoc. information and keep a community wide calendar.

Mr. Goff - Wants to make sure the language of a motion will include the other homeowners associations or civic groups in the City, if any of them should want to establish their own links. Also does not want any of the information to be political.

Mayor Cooke - Asked Mr. Levinson and Mr. Belt to construct an appropriate motion which would take into consideration all the discussion which has just taken place. The proposed motion was forthcoming.

Mr. Kitchens motioned that the City Council empower the Mayor to establish, or direct the establishment of a link from the City's web site to the web site of any bonafide civic or homeowners organization established within the City. Mrs. Ruys seconded the motion.

After some further discussion, Mr. Mohr motioned to amend the previous motion to say that there shall be no political or controversial matter on a web site link, as determined by the Mayor and City Council. Mrs. Ruys seconded.

The vote for approval of the amendment to the motion and for the main motion as amended was unanimous.

Mr. Carothers explained that the City reserves the right to do away with the hyperlink. It would be inappropriate for the City to have a hyperlink to anything that would be political. The City would be required to "close the door". Wants to make sure this is clearly understood.

Mayor Cooke confirmed that should there be any objection from a Council Member or herself to anything on the web site link, the City has the authority to remove the link.

CITY RUN (MIRAMONT/LAKESHORE):

Mayor Cooke informed that as of this evening this event has been canceled. Mrs. Cashdan, the new president of the Miramont Homeowners Association does not feel she can get the support she needs to be able to organize the run this spring, but may try to do it in the fall.

RESOLUTION AUTHORIZING ENDORSEMENT :

The City Clerk asked the City Council to approve a standard Bank Resolution from SunTrust. Mr. Mohr motioned that SunTrust be and is hereby designated a depository of the City; that any of the officers listed immediately below (Mayor and City Clerk/Treasurer) be and is hereby authorized to enter into on behalf of this City any of the accounts of the City. Mr. Goff seconded, and vote for approval of the resolution was unanimous.

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

Respectfully submitted,

Marcie E. Zielazienski

City Clerk/Treasurer