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- 5
               
CALL TO ORDER
Salter opened the meeting at 7:30 pm at 4043 South Berkeley Lake Road.

PUBLIC HEARING
There were no citizen’s comments regarding the possible amendments to chapter 39.

APPROVAL OF OR CHANGES TO THE AGENDA
Salter asked to add one item to the agenda, and to cancel the executive session.

Cohen motioned to approve those changes to the agenda, Kitchens seconded the motion and all were in favor. The motion passed.

MINUTES
Guthrie motioned to accept the minutes from the July 20th 2006 meeting. Kitchens seconded the motion and all were in favor. The motion passed.

REPORTS
Salter noted that council had received a report from the police.

Anderson motioned to accept the un-audited Financial statements for July 2006, and Guthrie seconded the motion. All were in favor. The motion passed.

Kitchens motioned to accept the 2005 Audit. Guthrie seconded the motion.

In discussion, Sipe noted that Marcie Zielazienski had been Mayor pro-tem in 2005 and the introduction page needed to be corrected.

The clerk apologized as she had made the mistake, and said that she would notify the auditor.

All were in favor of the motion and the motion passed.

MAYORS MESSAGE
Salter submitted a written report to council which said the following:
‘I have recently visited Charlie Sewell in Auburn to take him some homemade chicken salad.  He continues to struggle with some very difficult health problems.  I conveyed our best wishes to him and our hopes for his recovery.  Gene Rodgers is doing a good job as our temporary OEO.  I have shared a report on his work with council and it’s apparent that he has been quite active in our behalf.  He seems to have a good manner with citizens, firm but pleasant, and his experience as another city’s OEO is already becoming helpful to us.
I want to publicly congratulate and thank two of our police officers.  I have a picture of Nakia Brooks being given the Valor Award for saving a man’s life and I’d like to show that to you.  Also I’ve received a letter thanking Officer Steven Batt who changed a flat tire for a lady on Lakeshore Drive.  She had 3 kids under 4 years of age in her car at the time and she describes him as “a God-sent present.”  I think all our officers extend themselves often to our citizens in ways that go beyond the call of duty and often go unnoticed, so I’d like to recognize not only these two but all of them and thank them for their commitment and caring.

I was invited by Chris Holben recently to meet with him at 4477 and 4487 PIB, which is situated above and behind his property.  Bryan Stuart and several other BLHA board members were there to represent the interests of that organization.  Walter Anderson and Tom Kitchens also attended.  We spoke with the nephew of the owner, the contractor who plans to move 12 thousand dump truck loads of loose soil onto the property, and the engineers who have designed their plans.  We studied their documents and discussed our concerns about silt moving down from their project into Chris’s pond and possibly the lake.  Subsequently, I contacted the county planner for this project as well as her dept. head and the Chief Development Inspector to ask that the county give its closest possible attention to the project throughout planning and implementation to prevent problems.  I also asked that they require a performance bond of the contractors, which would pay to correct problems should they occur.  The answer I received was, “Because the plan meets the County Regulations the county does not have any legal right to impose a performance bond on the developer for the 2 ponds downstream.  However, it was suggested that the developer and the city, if they choose, could enter into an agreement and establish an account elsewhere for liability for the ponds.  Thank you for your letter.  Development Inspections is very aware of what could happen at this site and will do everything they can to make sure the site meets compliance at all times.”  I am told that Tom Kitchens has had some conversations with Kim Metcalf, who did such a good job on the Berkeley Lake Village project in preventing siltation runoff.  If she can offer any helpful information to us about this project we may ask her to speak to a group of interested citizens, and if you like, council members.
 
We have obtained the storage unit that you authorized at the last meeting.  Jackie and Sandy have done a wonderful job of cleaning out and reorganizing City Hall, which I invite you to go and see.

We have received the proofs from Municode which Dick Carothers and Jackie are currently reviewing.

Jackie has received an application from Crescent Development for annexation of the detention pond that they obtained from Blue Ridge Industrial and has contacted the county to start that process.

You will recall the effort we have mounted to trim back city rights-of-way for safety reasons.  I have discussed this with homeowner presidents who supported the idea, and alerted citizens twice in the Mayor’s  Message.  To make absolutely sure that no one was caught unaware, letters have been sent out to individual homeowners whose properties have been identified as ones that we plan to trim, and some conversations have taken place directly. 
 
You will recall my previous mention that the county has recorded specific “spheres of influence” for each city.  Jackie and I now have copies of those if you would like to see them.

Jackie and I met recently with Alan Chapman of the county’s transportation department re sidewalks.  I drove him all around the city discussing possibilities.  They already have completed the design phase for a sidewalk on the south side of BL Rd near the school from Little Ridge to PIB.  At the request of B. Walk, I asked that they continue the sidewalk that’s already there on the other side up to PIB so as not to disturb their landscaping.  Conversation is continuing about that with B. Walk’s board and citizens.  The next phase for sidewalks would begin on BL Rd. at Bush and continue north to PIB.  Mr. Chapman, having studied the topography, says it should be built on the dam side of the road to Lakeshore and probably on the other side from there on.   We asked that he do some more planning about what effect it would have on property owners along there and get back to us.  I also asked him if the county would please pay for their part of the StreetSmarts study along Bush and BL Rds.  He agreed to try to find money for that and will let us know.

The stormwater infrastructure repair project that we are undertaking is the largest in our history.  We are making good progress on the difficult process of obtaining easements from so many people.  Jackie has prepared a detailed report on that for you.

One issue has arisen since the agenda was finalized which Council may want to discuss.  I have just today received another letter from Mr. Pete Rolader, longtime resident of our city, regarding his continuing concern about geese.  I will share this with you and seek your response’.

Salter particularly noted that one of the city's officers Sheriff Nakia Brooks, had been given an award recently as he had saved someone's life. She said she had also received a letter from a citizen complementing Officer Stephen Batt after he had helped her change a tire.

In discussion regarding the Mayor's Message, Cohen noted that it may not be to the city's advantage to annex the detention pond now owned by Crescent Development as in the long term; the County would become responsible for the pond as part of their stormwater utility. The clerk noted that the city had received the official request for annexation already as it had been part of the preliminary plat requirements, and she had notified the county as required by state law.  It was agreed that this should be discussed at a later date as an agenda item.

It was also agreed that a letter should be sent from the city attorney to Mr. Rolader regarding his concerns.

OLD BUSINESS
Removal of Article 12 of Chapter 39 re Building Inspector and Chapter 43, Building Regulations and Inspector.
Guthrie motioned to postpone the discussion as there had been many emails on the subject and some confusion as a result of them. Kitchens seconded the motion.

In discussion it was agreed that both ordinances needed to be considered at the same time as one was replacing the other.

Kitchens and Guthrie were in favor of the motion. Cohen, Sipe, and Anderson were opposed. The motion failed.

Cohen motioned to put versions O-43-06b and O-42-06d of Chapter 39.1201 and Chapter 43 on first read.  Anderson seconded the motion.  O-43-06b_Ch 39-1201.pdf
 O-42-06d_Ch_43_Building_Inspector.pdf

Sipe, Cohen and Anderson were in favor of the motion. Kitchens and Guthrie opposed the motion. The motion passed. Guthrie said she was only voting against the motion due to the state of confusion over the ordinances and and not the content of the ordinances themselves.

Anderson motioned to change the current building permit to include ‘Use Permit’ in the title temporarily until the changes went into effect. He said it should be retroactive to when the city first started issuing building permits in January. Cohen seconded the motion.

In discussion it was noted that a use permit was still necessary under current zoning laws. However the current building permit was still compliant with the ‘Use Permit’, as there was no definition of a ‘Use Permit’ in the ordinances and they both contain the same information. 

All were in favor of the motion. The motion passed.

Chapter 41, Floodplain Management
Guthrie motioned to place this on second read and adopt Chapter 41 Flood plain Management. Kitchens seconded the motion. All were in favor of the motion and the motion passed.
 O-41-06_Floodplain_Management.pdf

Amendment to Chapter 39 re Adult Commercial Establishments
Cohen motioned to table discussion regarding the ordinance at the request of the City Attorney until the next meeting. Anderson seconded the motion and all were in favor. The motion passed.

Ch 20 Streets Curbs and sidewalks O-39-06c
Anderson motioned to put Ch 20 Street, Curbs and Sidewalks on second read but not to adopt. Kitchens seconded the motion.  O-39-06c_Ch_20_Streets_sidewalks.pdf

There was much discussion about whether the right of way was included in the ordinance, and whether it should be or not, and the possible implications as a result. It was agreed there were several more issues to discuss before the ordinance was adopted.

The motion was withdrawn pending further discussion.

NEW BUSINESS
Septic Tank Inspection Extension Request - 130 and 650 Lakeshore Drive
Sipe motioned to approve the extension requests as they had met the established criteria. Guthrie seconded the motion.

In discussion council requested more details from the clerk regarding future applications.  

All were in favor of the motion and the motion passed.

Revision from P&Z to chapter 39-807- Driveway Water Run Off Control  O-40-06
Guthrie motioned to put the revision to Ch 39-807 on first read. Cohen seconded the motion.

 O-40-06_Ch_39-807_Driveway_Water_Run_off_control.pdf

In discussion Randy Kirkus, Chair of the Public Works Committee, said that the committee had several suggested modifications to this ordinance which had not yet been considered by Planning and Zoning Committee (P and Z). He described their suggestions and it was agreed that P and Z would need to review them first.

Guthrie noted that this ordinance was first reviewed in the fall of 2004. She said she hoped it would finally be resolved.

Kirkus also noted that he had made suggestions to P and Z as a citizen regarding this ordinance in the past but they had not yet been considered.

It was also felt that the City engineer should review any applications that may have an impact on city infrastructure.
All were in favor of the motion and the motion passed.

Public Works
● Salter noted that the sinkhole in Miramont had been repaired, and the repairs on the dam had almost been completed. She said that the Public Works Committee was working on the LARP request which was due by September 1st.

● Shoulder reconstruction
There was discussion about the bid and the monitoring of the construction. Kirkus said both he and the attorney had reviewed the documents.

Guthrie motioned to approve the contract for Farmer Construction's Bid for shoulder reconstruction not to exceed $33,000 plus 10% contingency, and for the Mayor to sign the contract. Anderson seconded the motion. All were in favor. The motion passed.

● River Mansions.
Salter described the complaint she had received from Mr. Jenkins in reference to the cracks in the road paved last year in River Mansions. She read the City Engineer’s opinion which was that there would continue to be cracks in the road as the road was not sealed prior to paving, but it was still in very good condition. She said that he had suggested they could be dealt with as part of the annual road maintenance plan in the future with crack sealing but that was also a controversial issue because some may not find it aesthetically pleasing. Salter also noted that there was a similar issue on Lakeshore Drive as cracks had also not been sealed prior to paving. It was noted by the Chair of the Public Works Committee that any money spent on roads should be spent on roads on the priority list first.

Kitchens motioned that any road repairs would be considered based on the recommendations of the engineer and treated as part of an overall road maintenance plan. Anderson seconded the motion.

It was agreed that the Mayor should communicate this to the citizen by letter or email. It was also suggested that the citizen should be able to meet with the city engineer, and the Chair of the Public Works Committee, at the property. Salter noted that this would still cost the city extra money.

Kitchens, Anderson and Cohen were in favor of the motion. Sipe and Guthrie opposed. The motion passed.

Sipe also motioned for the City Engineer and the Chair of the Public Works Committee to look at the issues in person with Mr. Jenkins and to discuss the issues with him. Guthrie seconded the motion. Anderson, Cohen, Guthrie, and Sipe were in favor. Kitchens was against the motion. The motion passed.

● Easements
Salter said that the clerk had contacted almost all of those affected and there had been generally positive feedback. She said she had some concerns that one or two citizens may require a more detailed survey that would be an additional expense. It was agreed that the clerk should continue to negotiate where possible without incurring any extra expense.

Beth Gilbert- Citizen community support person.
There was some discussion about Gilbert's offer to serve as a citizen community support person and mediator in community issues. It was felt more information was required to see what she was proposing.

THERE BEING NO FURTHER BUSINESS, COHEN MOTIONED TO ADJOURN THE MEETING AT APPROXIMATELY 8.55 PM. ANDERSON SECONDED THE MOTION, AND ALL WERE IN FAVOR. THE MOTION PASSED.

Respectfully submitted by Jackie Wall. Approved by Council September 21st, 2006.