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COUNCIL MEETING
CITY OF BERKELEY LAKE
4040 BERKELEY LAKE ROAD
BERKELEY LAKE, GEORGIA 30096
Full Minutes for January 5, 2006
Those in attendance for the Council Meeting were as follows:
Mayor: Lois Salter
Council Members:
Walter Anderson, Bernie Cohen, Debbie Guthrie, Tom Kitchens and George Sipe
City Clerk- Jackie Wall
City Attorney- Dick Carothers
Citizens Present-14
CALL TO ORDER
Salter opened the meeting at 7:30pm at 4043 South Berkeley Lake Road.
PUBLIC HEARINGS
Citizens’ comments were requested on changes requested to Chapter 39- 401.2 Boat Houses and Docks. There were none.
Also citizens’ comments were requested on whether Council should approve the ARC finding that the proposed project RC-05-02BL at 3769 Berkeley Lake Rd is consistent with the Chattahoochee River Plan. There were none.
MINUTES
Cohen motioned that the minutes of the meeting of December 8, 2005 be accepted. Guthrie seconded the motion. All were in favor of the motion. The motion passed.
REPORTS
Salter said that a report had been received from the Police. Addendums to end of year reports had also been received from the Public Works and Communications committees.  Addendum_to_Comm_end_of_year_report_2005.pdf (41.50 KB) Stormwater_Main_DrainagePolicies.pdf (113.74 KB) Salter asked Council review both documents and prepare comments for the next meeting.
Guthrie motioned to accept the Financial Reports for November 2005. Cohen seconded the motion. Cohen, Guthrie, Kitchens and Sipe were in favor of the motion. Anderson abstained. The motion passed. Updated_Nov_05_Balance.pdf Updated-Nov_05_ Budget_detail_inc_SPLOST.pdf Updated_budget_summary_Nov_05.pdf
Salter said that she had met with Greg Harris (Chattahoochee Landscaping) regarding ice and snow removal arrangements, and he had agreed to maintain pallets of ice/snow melting grit for roadways to be laid on the areas previously identified as being dangerous in those situations. Council agreed this should be sufficient.
Financially we have managed well this past year. All the bills for 2005 are not in yet, but we are not even close to overspending any of our budget items for that year. One cautionary note that I would offer is that we would have been forced to raise our millage rate if it were not for the SPLOST funds, which we are currently receiving but cannot count on indefinitely. When I prepared my budget for Council this year I also privately sent it to citizens in the community whose opinions I particularly respected. One astute gentleman in River Mansions responded to me by pointing out that without SPLOST we would be forced to increase our millage rate from 4.35 to 10.20 to raise the necessary revenue, a tax increase of 134%. In his words, “One of these days the piper is going to come a’ calling.” I know that we all share that concern. We must manage well with the longer perspective for the years ahead.
Another major change, which I have recommended, has yet to be implemented, though I hope it will be tonight. That is that we would begin a professionally managed public works program. It was never my intention to attack or in anyway hurt the Council member who handled it the last few years; just that, as I said previously, I didn’t feel it was fair to expect as much of a volunteer as we could of someone who was professionally trained and paid. I continue to appreciate the huge amount of time and energy Marcie contributed at no cost to the City, but our SPLOST funds can legally be used to pay someone who has training, experience, and mutually helpful relationships with public works people in other cities, contractors, etc. It is my hope that with such support we could soon move expeditiously on all the remaining infrastructure problems that were identified by the McFarland-Dyer report in 2003 as well as others that have come up since then. I would like for us to go ahead and obtain permanent access easements on all the private property that borders our city infrastructure so that we can in future move quickly to repair things. Dealing with each place’s easement issues individually has been a slow process. I want us to become less reactive and more proactive. Similarly I would hope that once such systematic easement resolution had been accomplished we could perhaps bid out all our infrastructure repairs for the year in one bid. This would allow contractors some significant savings in mobilization costs resulting in lower bids, and get us moving as soon as possible. These are my hopes, and my recommendations for Council to consider. I do not mean to sound as if I have all the answers. To the contrary, I would be the first to admit that there is much that I don’t know about public works. I think this is an area wherein we need professional support and guidance and accountability. We could probably find attorneys in our city who would volunteer to provide legal advice, but we pay Mr. Carothers for his, very wisely in my view. We need a City Engineer this year as well as a City Attorney.
I have heard concerns from citizens that our property values are being adversely affected by changes at Berkeley Lake Elementary School. About a year ago I explored the possibility of appointing a committee of our citizens to explore this, and Clay Keller agreed to lead it, but no one else was found who wanted to participate. Recently I began to work myself with the principal there and I will, before our next meeting, produce a written report to our City of my findings and recommendations. Other concerns are road safety issues for which we will have a town hall meeting soon and the recent attempted burglary at one of our homes. Protecting our community is always a primary goal and I was pleased that Council accepted my recommendation in the recent budget process to almost double our allotment for policing.
Salter said she had also provided a list of appointments to committees in writing, and that they would be attached to the minutes.
OLD BUSINESS
Greenspace concerns- Anderson
Salter said that the County had agreed to investigate the areas on the bike path that people were using to access the greenspace.
Anderson described the situation that had arisen regarding hearing gun shots in the Greenspace. He said that in his research he had found that the deer stand discussed at the last meeting was not on city property or in the city limits. He said he wasn’t certain whether it was a deer stand or a play fort or something else. He said he would find out whether permission had been granted by the owner to hunt there. He said that there was still a need to be diligent. Anderson encouraged citizens to call 911 or our City Police Officer Doug McClure if they believe they have heard gunshots; especially as this would be the most expedient way to help resolve such isssues.
Greenspace Site Management Plan- Guthrie
Guthrie thanked the BLC for their time and effort over the previous year. She said that there was nothing in the GOLT easement that specified the format of the Site Management Plan. She said she would like to recommend that the Site Management Plan be laid out in a format that is easy to read, interpret and implement. She said that the current document was in outline form in an Excel spreadsheet. She said that it was difficult to pick up and easily understand what the actual action items are, especially if you do not have a color printer. She said she would like to have a document in a written word format that was easy to understand and to see what the planned activities are. She said it also needed to be approved by Council and GOLT. She also noted that the acreage on the existing Ferrier property needed to be corrected to be consistent with the City’s legal documents. She also asked if Carothers could investigate whether the greenspace needed to be treated as three different pieces of land or could just be treated as one piece. She reiterated that there should be appropriate approval of the Site management plan by Council before going to GOLT.
Council agreed to ask the BLC to write a Site Management Plan in the format Guthrie outlined.
Town Hall meeting- Salter
Salter said that the date originally chosen would need to be changed as Anderson and Kitchens would be attending mandatory Newly Elected Officials training that weekend.
Salter asked Cohen and Sipe to create informational documents that they felt would be appropriate regarding speed tables, gating the community, and other suggestions that they had made as they had already completed some research in that area. They agreed to bring some written suggestions for Council to discuss and then when those issues were clarified in writing a date could be set for the meeting
Elected Officials Ethics seminar- Guthrie
Guthrie said that the seminar would be held by a representative of the UGA Carl Vincent Institute of Government, and Council had agreed it would be held on either March 17th or March 10th depending on availability. She asked the clerk to coordinate the details once the date was confirmed.
There was discussion about who should attend the seminar with Council. It was suggested that appointed officials such as the Planning and Zoning chair, City Treasurer and the Clerk and her deputy should be invited to attend as a smaller number of people would allow for more candid discussion. It was suggested that the chapel should be used as a venue. Other- Public Works
Guthrie asked the status of Public Works as former council member Marcie Zielazienski had not been able to provide a final written report.
Salter said that the clerk had begun to compile a list of concerns voiced by citizens about work recently done. NEW BUSINESS
Request of Crescent Development- Eric Johansen
Johansen described the history of the development so far. He then described the current situation regarding the detention pond next to the property, which, as part of the approval, he had been required to acquire. He said it was currently owned by the Blue Ridge North Owners Association, which had been established in the 1980’s, however the association had not kept their dues current and there was now an issue in reconvening the group to be able to sell it. He said that Crescent Development had met with them several times and explained how there would be an organizational meeting on January 16th for the group to discuss the issue further. In the mean time, Crescent Development had a letter that allowed them to access the property and go ahead to start the clearing process to fix the pond, which would also be of advantage to the City, as the pond was not currently in working order anyway. He said that Crescent development were committed to the project and wanted to move forward with the development of the pond before they actually owned it as they had done everything so far they could possibly do. He asked for a temporary condition for 150-180 days to allow them to go ahead and get under construction whilst resolving the legal ownership of the pond. He said he felt confident they would acquire the pond but they were not sure when, and they were prepared to go ahead and start work on it without owning it if the City would allow them to. He said the state had already approved all the plans and it was a better solution for everyone involved.
There was much discussion regarding ‘what if’ scenario’s in the event of Crescent Development not acquiring the pond. There were also questions as to whether the city could sue the Blue Ridge Owners Association to get them to fix their pond.
Carothers said that the City would have to add the BLHA as a plaintiff in such a case in order to prove damage.
There was further discussion as to whether the Blue Ridge Association were able to allow Crescent Development to go ahead as there was still a question as to whether they were an existing corporation.
Citizen Comment: Randy Kirkus BLHA. Kirkus said he appreciated the pond being improved but he had still not received a copy of the lake silt survey that was also required on the plat. He asked that Council not approve this request until he had received it.
Johansen apologized and said that he thought that Kirkus had already been sent it but promised to send another copy the next day.
There was discussion about the silt report, which Cohen had received a copy of as his pond was included in the survey.
Bob Herb, Chair of Planning and Zoning (P and Z), said he thought it was in the city’s best interest for Crescent Development to own the detention pond as identified in plan A.
Citizen Comment: Randy Kirkus BLHA Kirkus said he thought this was a ‘win-win’ situation for the city, and agreed to drop his opposition to the decision assuming he would get the copy of the report.
There were further ‘worse case scenarios’ discussed.
Cohen motioned to wait until the next Council meeting to determine whether the Blue Ridge North Association is a current corporation. Sipe seconded the motion for discussion.
After more discussion, Cohen was in favor of the motion. Kitchens, Sipe and Guthrie were against the motion. Anderson abstained. The motion failed.
Guthrie motioned to grant the 180 day grace period to proceed per the approved plat for the requirements of acquiring the land. Kitchens seconded the motion.
Sipe said he still had some concerns but he still felt it was the best interest of all.
Anderson, Kitchens, Guthrie and Sipe were in favor of the motion, Cohen opposed. The motion passed.
39-401.2 Boathouses and Docks Boat_Houses_and_docks.pdf
Guthrie motioned to put 39-401.2 Boat Houses and Docks on first read. Sipe seconded the motion.
There was discussion about clarifying the last sentence so it would be clearer. Carothers said he would send some suggestions before the next meeting.
All were in favor of the motion. The motion passed.
Proposed project RC-05-02BL at 3769 Berkeley lake Rd- Vote by council
Salter explained that the ARC required this as the home was in the Chattahoochee River Corridor and the owner had wanted to erect a deck and put in a hot tub, and this increased their area of impervious surface.
Cohen motioned to grant the request for the proposed project at 3769 Berkeley Lake Rd.
Guthrie seconded the motion and all were in favor. The motion passed.
Appointments
Anderson motioned to formally appoint Jackie Wall as City Clerk. Sipe seconded the motion and all were in favor. The motion passed
Anderson motioned to formally appoint Claire Grimes as Deputy City Clerk. Kitchens seconded the motion and all were in favor. The motion passed.
Anderson motioned to formally appoint Charlie Sewell as OEO. Kitchens seconded the motion and all were in favor. The motion passed.
Anderson motioned to formally appoint Pam Williamson as Treasurer. Guthrie seconded the motion and all were in favor. The motion passed.
Anderson motioned to formally appoint Dick Carothers as City Attorney. Kitchens seconded the motion and all were in favor. The motion passed.
Anderson motioned to formally appoint David Dick as City Accountant. Guthrie seconded the motion and all were in favor. The motion passed.
Anderson motioned to formally appoint Jan McKinney as Municipal Judge. Guthrie seconded the motion and all were in favor. The motion passed.
Anderson motioned to formally appoint Clark Patterson Associates to perform the role of City Engineer. Kitchens seconded the motion and all were in favor. The motion passed.
Council agreed that the rest of the appointments were fine.
Kitchens motioned to appoint Debbie Guthrie as Mayor pro tem. Anderson seconded the motion.
In discussion. Sipe said he thought Anderson should be Mayor pro tem as he had received the most votes in the election, and in his election campaign had come across as being most committed to being independent. He added that if Anderson were the nominee, he would probably be unanimously approved.
Anderson, Kitchens and Guthrie were in favor of the motion. Cohen and Sipe were against. The motion passed.
3-701 (b) P and Z term change -Kitchens P&Z_terms_3-701(B).pdf
Kitchens motioned to change the P and Z terms to three years and put it on first read. Guthrie seconded the motion.
Kitchens explained that 5 years was an unusually long time, and P and Z had been appointed for 3 years in the past. He said it was also hard to terminate a term due to lack of performance. He said that if they were doing a good job, they would be reappointed for another 3 years.
Sipe said it was set up that way to make it as non-political as possible. He said as there were 5 members, they rotated very easily in 5 years. He said it was important to have long serving people as it took a long time to learn to make decisions and to build up knowledge.
Kitchens said he thought 3 years should be sufficient to learn the job. He said he also thought more people would be interested in joining P and Z if it was less than a 5 year term. He said this opinion had been expressed many times to him during his election campaign.
Carothers said that the term was long compared to other cities, and some cities only had one year P and Z terms.
Sipe said that Berkeley Lake P and Z operated differently than in other cities in that they approved the variances themselves, and were not just a committee that made recommendations to council.
There was further discussion about term length and the advantages and disadvantages.
Bob Herb (P and Z Chair) said that it took him a number of years to feel productive on the commission, and he gave examples of that. He said however, he had no real position on changing the terms, he could see both sides of the argument.
Anderson, Kitchens and Guthrie were in favor of the motion. Cohen and Sipe were against. The motion passed.
3-204 Proposed change to ordinance for monthly meetings- Kitchens 3-204_council_meetings.pdf
Kitchens motioned to change the number of council meetings back to one meeting a month as had been done in previous years. Guthrie seconded the motion.
Sipe said he had concerns that one meeting a month would not be enough, as there always seemed to be enough on the agenda for two meetings a month, and they were already late as it was. He said he was concerned there would have to be special called meetings, which would be inconvenient to citizens or more business would be conducted informally by email.
Kitchens said that with council cooperation in sharing documents before a meeting, that he thought one meeting a month would be enough. He said he thought it would benefit the citizens too as they would be more likely to attend, and it would save everyone work and time.
After further discussion, Anderson, Kitchens and Guthrie were in favor of the motion. Cohen and Sipe were against. The motion passed.
City Hall- Guthrie
Guthrie said that she would like to invite Eric Bosman from Urban Collage to do a 10-15 minute presentation on February 2nd.
Salter suggested he present anything he could in writing before the meeting.
Guthrie said that she felt Council should get a feel for Urban Collage, and not just base an opinion on a written presentation, and asked for an exception to bringing information beforehand.
Cohen asked who did similar work for Duluth, as he felt they should also be invited to participate.
Guthrie said that Urban Collage had not worked for Duluth but had worked with many other cites which the facilities committee had visited and it had been their recommendation.
Cohen asked to find out who was rejected in the process and asked Barbara Carroll (Chair of the facilities committee) to email that information. He said that the city should look at a broader group.
Guthrie said that other larger cities may not have used such a service as they have larger staffs to do it themselves.
It was generally agreed that Mr.Bosman should be invited to the February 2nd meeting.
Arbor Day resolution Arbor_Day_Proclamation.pdf
Salter explained that it was her suggestion to designate the same day every year to keep the Tree City USA status and to make it easier for everyone. She said it was the same day as the state celebrated Arbor Day.
Sipe motioned to pass the Arbor Day Resolution. Anderson seconded the motion.
Sipe noted that he hoped that in passing the resolution that Arbor Day would still be celebrated and not forgotten.
Salter said a tree would still be planted every year and it would be noted.
There was discussion about planting a tree, where it could be planted and that it should be noted in the Site Management Plan for the greenspace if it was going to be planted there.
All were in favor of the motion. The motion passed.
THERE BEING NO FURTHER BUSINESS, COHEN MOTIONED TO ADJOURN THE MEETING AT 10:20 PM. GUTHRIE SECONDED THE MOTION, AND ALL WERE IN FAVOR. THE MOTION PASSED.
Respectfully submitted by Jackie Wall. Approved by Council on January 19, 2006
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