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SPECIAL CALLED COUNCIL MEETING
CITY OF BERKELEY LAKE
4040 BERKELEY LAKE ROAD
BERKELEY LAKE, GEORGIA 30096
Full Minutes for August 12, 2004
Those in attendance for the Council Meeting were as follows:
Mayor: Lois Salter
Council Members:
Bernie Cohen, Debbie Guthrie, Marcie Zielazienski, and George Sipe
City Clerk- Jackie Wall
Citizens Present- 20
CALL TO ORDER
Salter opened the meeting at 7:30 PM at 4043 South Berkeley Lake Road.
MINUTES
Guthrie motioned that the minutes of the meeting of July 15 be accepted as presented. Zielazienski seconded. Cohen, Guthrie and Zielazienski approved the motion. Sipe abstained, as he was not at the meeting. The motion passed.
REPORTS
Guthrie motioned to accept the July financial reports. Cohen seconded the motion. All were all in favor of the motion and the motion passed.
Mayor and Council accepted the Police, OEO and Facilities Committee reports.
MAYORS MESSAGE
The Mayor announced that the Waste Removal Contract would need renewing shortly. She asked for citizens’ comments about the current service and for any other suggestions or complaints. The request for bids will go out shortly.
The Mayor said that there would be some pruning of overhead trees by the City contractor for safety reasons. She asked that if trees are on personal property and property owners would prefer to trim them themselves, that they should do that as soon as possible.
The Mayor announced that the City would receive approximately $20,000 in additional 2001 SPLOST funds.
OLD BUSINESS
Infrastructure Repairs- Zielazienski
Zielazienski said there are five steep curves with homes on the curve that have been identified on Lakeshore Drive. With the fact that there has been a number of accidents at 50 Lakeshore Drive and none of the others, it is prudent for safety to install guardrail on this very dangerous curve, and the homeowner does not oppose it. In addition to the measures that have been taken, this is an approved suggestion from the head of Gwinnett County traffic engineering and Gwinnett County is offering to perform the work using their contractor for no more than $4000.
Zielazienski motioned to approve expenditure of no more than $4000 for the County to use their contractor to install guardrail on the lakeside of the curve at 48-50 Lakeshore Drove. Cohen seconded the motion. All were in favor and the motion passed.
Auction House -Carothers
Carothers described the latest developments: the County has sent the Auction house a letter dated August 4th, 2004, saying that the activity is commercial in nature and they are violating zoning regulations and that they need to cease and desist no later than August 19th, 2004. The County Law department will issue a citation if the matter is not corrected by then.
Guthrie requested that any evidence such as photos be collected. It should be wholesale only and obviously isn’t up to this point as citizens have been able to buy items who are not registered as wholesale. Guthrie had asked specific questions at the Auction house regarding who they sell to and they clearly stated that they have no restrictions on who they will sell to. They are also advertising ‘Auction’ along the road with no mention of wholesale.
Soil Erosion and Sediment Control Ord. Amendment, for 2nd read - Zielazienski
Zielazienski requested the second read be tabled until the next meeting pending recommendations by the Ordinance committee, and approval of the changes by the City attorney.
Consideration of fines to be increased
There was discussion about the implication of changing fines, as it would require a home rule amendment as actual fines are listed in the Charter. It was tabled until the next meeting for further discussion as there would be costs incurred in such amendments.
Property Tax
Cohen asked for the status of the property back taxes owed.
The Clerk said that liens had been filed, and letters sent out to those who owe taxes. Approximately three tax bills had been paid, but they had until the end of the year to make arrangements for payment.
Cohen said that will be a new draft property tax ordinance will be available at the next meeting which would restore the penalty for non payment of the property tax to 12% and retroactive to January 2004. He would pass it through the ordinance committee and the City attorney first.
Drainage in upper basin
Cohen said that he would like to do some further research on who owns the land across Peachtree Industrial Blvd that has the failing detention ponds that are causing problems for the City in the County report that was completed. He said letters should be written by the Mayor to the landowners. The County can provide the names of the landowners.
Salter said she would get together with Cohen and do that.
NEW BUSINESS
Berkeley on the River development plans
Salter said that additional verbiage requested at the Planning and Zoning Commission meeting was now included on the preliminary plat. It was clarified that the general notes and zoning notes will appear on final plat.
Joe Walters (Precision Planning) said he was comfortable with the current plat. There are still things that need County approval first.
Charles Dean (Developer) said he has everything except approval from the DOT.
It was clarified that Berkeley Lake Road is a county maintained road.
The final plat will also have to be approved by the Council but the preliminary plat contains all the pertinent issues relevant to the City ordinances.
Citizen Comments
Cordy Regan, 3808 Habersham Lane, Duluth.
Ragan said that she was upset as there has already been a 180,000 gallon sewer spill on her property, and the new development will tie into the sewer on her property.
Salter reiterated that sewer issues are County issues and are therefore not under the purview of the City of Berkeley Lake. She said that there have been publicly advertised meetings of the Planning Commission for over six months to discuss the issues that are legitimately the responsibility of the City.
There were further questions regarding the development. Sipe reiterated that the development is on private property and that the City cannot stop it from happening if the developer proposes building within the City ordinances. It is a high-end development, which is properly zoned, and issues such as the sewer are out of the City’s jurisdiction.
Sipe also said that it is the lowest density square footage average per acre in the City. There are parts that are higher density than others, as a trade off made by the Planning and Zoning Commission to protect the heavily wooded area on the ridge.
It was clarified that Zoning has not changed and the Public hearing requires two weeks notice, which has been satisfied. All the previous meetings by P and Z have been properly advertised.
Lorna Cook 3698 Habersham Lane. Duluth
Cook said that she was told 15 years ago that her house was in the flood plain and that no one could ever build behind her house. She asked when the flood plain was changed to enable further building.
It was clarified that the Flood plain levels had been recently changed but the changes were not yet reflected on maps. The flood plain is now lower because of the dam at Lake Lanier, levels had not been adjusted previously to account for this. Dean said that his development meets current FEMA requirements
Sipe motioned to accept the Preliminary plat for the development of Berkeley on the River. Cohen seconded the motion and all were in favor. The motion passed.
Sipe motioned to approve the Erosion control plan that has been approved by the ARC. Zielazienski seconded the motion and all were in favor. The motion passed.
Resolution authorizing acceptance of construction assistance from Gwin. Co.
Zielazienski motioned a resolution by the Mayor and Council of the City of Berkeley Lake to authorize acceptance of construction assistance of $20, 833 from Gwinnett County for Stormwater Facility Construction. Cohen seconded the motion and all were in favor. The motion passed.
Resolution on intergovernmental agreement regarding possible SPLOST funds
Cohen said that the legislature now requires Counties to give a portion of the SPLOST (Special Purpose Local Option Sales Tax) to cities. To that end the Cities have developed an agreement with the County for that purpose.
Cohen motioned a resolution by the Mayor and City Council of the City of Berkeley Lake, Georgia, that they hereby ratify their authorization of the Mayor to execute on behalf of the City of Berkeley Lake, the intergovernmental agreement among the City, the other cities of Gwinnett County and Gwinnett County, providing for the proceeds of the 2004 Special Purpose Local Options Sales Tax. The terms and conditions of said agreement are as generally set out on Exhibit A hereto, which document has been approved as to form by the City attorney. Sipe seconded the motion, and all were in favor. The motion passed.
Carothers clarified that the resolution was written to ratify what the Mayor had already done because Council had given permission for the Mayor to sign the agreement before the meeting. Carothers said that he had attended many meetings on behalf of the Gwinnett Municipal Association, and he commended the time Cohen and Wall had given up in attending them on the City’s behalf.
Cohen said that the agreement would not be relevant unless the SPLOST referendum succeeds in November. However, the Mayor and Council are not able to publicly endorse it, as it would be an ethics violation.
Carothers said private groups such as Home Owners Associations are able to express an opinion but public officials should not. He said that they are able to cite projects on which money has been spent for previous SPLOST and that information was publicly available. He said that those traveling from outside the County and the State who shop in Gwinnett County funded 35-40% of revenue from past SPLOST. However, it was best to leave it to others to promote, he suggested that Mayor and Council be circumspect in what they say.
Meeting schedule
Salter suggested that Council go back to the original meeting schedule of meeting once a month on the third Thursday, to save time and money in extra attorney fees and set up.
Sipe suggested that if another meeting were necessary, that it be a special called meeting and not a work session. He said that currently a majority of council (quorum) or the Mayor could request a meeting; he asked that a meeting can be called if one or two members request a meeting. There was general disagreement with this.
Cohen motioned a resolution to have one meeting on the third Thursday of next month. Zielazienski seconded the motion. Cohen, Guthrie and Zielazienski approved the motion. Sipe opposed it on the grounds that it is too hard to call an additional meeting. Motion passed.
Treasurer
Cohen requested that the Treasurer do a report on how the City is doing against budget on spending at the next meeting and deliver a quarterly report thereafter. He would like comments with it. He also requested a summary of the year at the December meeting.
The Clerk pointed out that the current financial statements show current spending against budget every month.
Next meeting
Cohen motioned to cancel next weeks meeting on August 19th, as well as the meeting on September 2nd. Guthrie seconded the motion.
In discussion, Sipe asked when the next meeting would be. It would be on September 16th.
Cohen, Guthrie and Zielazienski approved the motion. Sipe opposed it on the same grounds. Motion passed
THERE BEING NO FURTHER BUSINESS, ZIELAZIENSKI MOTIONED TO ADJOURN THE MEETING AT 8:30 PM. GUTHRIE SECONDED THE MOTION, AND ALL WERE IN FAVOR. THE MOTION PASSED.
Respectfully submitted by Jackie Wall
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