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PUBLIC HEARING AND COUNCIL MEETING
CITY OF BERKELEY LAKE
4040 BERKELEY LAKE ROAD
BERKELEY LAKE, GEORGIA 30096
Full Minutes for
January 18, 2007
Those in attendance for the Council Meeting were as follows:
Mayor: Lois Salter
Council Members:
Bernie Cohen, Debbie Guthrie, Walter Anderson, Tom Kitchens and George Sipe
City Administrator – Leigh Threadgill
Deputy City Clerk- Sandy Rosenberger
City Attorney- Dick Carothers
Citizens Present- 11
CALL TO ORDER
Salter opened the meeting at 7:30 pm at 4043 South Berkeley Lake Road.
I. APPROVAL OF OR CHANGES TO THE AGENDA
Anderson requested that item “f” under old business “consideration of StreetSmarts report" be moved up in the agenda to accompany agenda item II, Special Guest Speaker John Karnowski of StreetSmarts. There was a consensus of Council to accept the agenda with the change.
II. SPECIAL GUEST SPEAKER – John Karnowski of StreetSmarts
Karnowski of StreetSmarts summarized the draft report submitted to council earlier that day and agreed to come back to next month’s council meeting to answer any questions council may have after having the opportunity to review the draft report.
Karnowski gave an overview of the draft report in which he indicated that South Berkeley Lake Road did not have a traffic problem as was expected. He stated that volume and speeds were reasonable on South Berkeley Lake Road.
Karnowski drove Lakeshore Drive many times to get familiar with the road. He indicated that there may be some areas with speeding problems, but he had difficulty getting his truck around the curves at speeds over 25 MPH. There were a couple of places where speeds may be excessive. He did not think the volume was a problem, which was under 300 vehicles per day. There is no apparent cut-through traffic in his opinion. The main problem is that there is not enough room for everyone who wants to use that road - pedestrians, bicyclists, and cars. The StreetSmarts recommendation was to provide extra space for all users and install sidewalks where feasible to make more room for alternative transportation modes.
In his summary, Karnowski stated that the report focused on recommendations that the City of Berkeley Lake could implement easily and afford and that would be palatable to Gwinnett County for county-maintained roads.
Sipe asked about problems in the Miramont Subdivision. Karnowski replied that the study found no significant issues in Miramont. Vehicular speed and volume are normal.
Kitchens asked about North Berkeley Lake Road. Karnowski reported that there were problems with speeding, people running stop signs, and volume on that road. It is a major entry into the city and does have some problems.
Salter asked if any one problem area stood out after the study had been completed. Karnowski replied that Bush Road was problematic because of high speeds and high volume. In addition, it’s debatable at what point the city would control the traffic on Bush Road because a majority of that road is not within the city limits. The StreetSmarts recommendation is to place a roundabout at Bush Road in front of River Mansions subdivision, which could function as an entrance into the City of Berkeley Lake as well as calm traffic.
Anderson requested that vehicular collision data be included in the report and asked that the city be given a digital copy of all traffic counts. Karnowski said that he would work on getting both.
III. MINUTES
Guthrie motioned to accept the minutes from the December 21, 2006 council meeting. Anderson seconded the motion. All were in favor. The motion passed.
IV. REPORTS
Salter noted that council had received reports from the Police, the OEO, and the City Engineer, and a report from the Facilities Committee would be forthcoming. Salter also noted that council had received the Financial Statement for November 2006, which council elected to discuss at the February council meeting.
V. MAYORS MESSAGE
Salter submitted a written report to council, which said the following:
As you know the City of Berkeley Lake was recently honored as the 2006 Recycler of the Year by Gwinnett Clean and Beautiful. I attended their banquet recently to accept that honor on your behalf and the plaque is currently hanging in City Hall.
I have asked Gene Rodgers to keep an eye on whatever old siphoning equipment may become visible near the dam when the waters recede. He has done better than that. Gene talked with our subcontractors with whom he has developed a good relationship and obtained a promise that if any is found they will remove it for us at no charge.
When next you visit our City Hall, you will be surprised how much space has been created by rearranging the furniture and equipment there. Debbie Guthrie helped to redesign for maximum utilization. Thanks to her and to Walter Anderson and Scott Lee who worked hard last Monday as volunteer moving men along with Leigh’s husband, Rix and Rigsby Barnes. Also to our city staff who chose to come in on a holiday to help in this effort.
As you may recall I usually present a State of the City address in January. Since we have such a heavy agenda tonight I have opted to wait until February, which is when many mayors do that anyway.
I have been asked for help from the citizens moving into River District. The United States Postal Service has refused to deliver any mail to them until the subdivision is at least half full. Meanwhile those residents already there have been told to stand in line at the post office daily to request their mail. I will pursue this, and keep you informed.
I cannot find words to adequately express my appreciation to Jackie Wall for her support and hard work these last few years, but I would be remiss not to try. Jackie is a very special person to us all and is truly irreplaceable. She has taken us to a new level of organization and efficiency, while giving everyone she encountered her personal attention and genuine kindness. Jackie has been trusted by all our citizens as a source of reliable information and help in any situation. She has remained above the fray in times of negativity and conflict and treated everyone fairly, which I know at times must have been very difficult. Her parting gift to us all has been these last few weeks of training and support for Leigh. She is deeply committed to leaving us in good hands, and has even promised to help us from afar when she finally must leave for California. Who could ask for more than that? Thank you, Jackie. We all love you very much and will hope for frequent visits. Berkeley Lake won’t be the same without you.
VI. OLD BUSINESS
a) O45-06d WA TK Chapter 3, Administration Ordinance (for poss. 2nd read)
Sipe motioned to put Chapter 3 on 2nd read with some amendments per the following prepared statement:
“1. Committees
Most importantly in my mind is the role of committees. I feel they should not be enshrined and codified in our statutes. Consider that:
• committees have no delegated authority, they may only recommend
• committee members are neither elected or appointed officials
• committee members take no oath of office nor receive any governmental training
• the appointment of committee members and their chair have no oversight from council
• removal of any committee member is beyond the reach of council
• the assignment of tasks and time lines also has no oversight from council
• specification of the operation of committees, such as when a committee chair may approach the mayor asking for a removal, are in conflict with free speech and the mayor's charter authority
In essence, committees in our city are advisors to the mayor as he (or she) alone determines their makeup and function (courtesy notifications to council not withstanding). Committees give the mayor enormous power to politically shape public opinion and thus significantly increase his (or her) power in the absence of any council role (the "liaison" role is one only of subordinate support to the committee). Regardless of whether you believe this is/has happened, or if you support the current mayor or not, it certainly could in the future.
This should be contrasted to how other Gwinnett cities work, how the county, state, and federal levels work. Their legislative and operational committees are composed of elected officials or are chaired by an elected official chosen by the body. While not a requirement in Berkeley Lake, this is how past mayors have done it (Tom and Bernie have probably chaired such committees in their previous council positions).
There is also a flip side to this. By putting this in the code we will be mandating that the mayor appoint these committees regardless of their need at the time or the willingness of capable citizens to serve. Should the Mayor fail to create these committees as mandated by ordinance, he or she will have failed to fulfill the requirements of office and could be subject to recall.
Additionally, putting it into the code suggests that the code will need to be routinely updated to add and remove committees. We may also be hampering a future mayor's ability to restore elected council members to committee chair roles.
I see no benefit from doing this, see many problems, and feel this is unnecessary to define committees by law.
2. Powers and Duties
The proposed removal of these for officials and officers from the code should not be accepted. These are appropriate and proper for those with official responsibilities.
3. Berkeley Lake Conservancy
The BLC is not a committee, it is called a conservancy to differentiate it from committees for reasons similar to the P&Z. In the BLC's case, council has advise and consent on appointments and members serve for overlapping 2 year terms to assure year-to-year experience is maintained. Also unlike committees, there are several places in our code which give specific responsibilities to the BLC. The BLC should not be downgraded to committee status. However, if they are so downgraded then all areas of our code which give them specific responsibilities should have such responsibilities removed as they would no longer be appointed with the advice and consent of council.”
Cohen seconded the motion.
There was much discussion.
Sipe withdrew the motion.
Guthrie motioned to put Chapter 3 in its current state on 2nd read. Kitchens seconded the motion.
There was discussion.
Guthrie changed her motion to put Chapter 3 on 2nd read with the following amendments: 1) In Section 3-205 paragraph 1, replace “shall” with “may” in the first sentence; 2) In Section 3-205, remove the last sentence of the first paragraph and replace it with “The Mayor may appoint the following committees and others as necessary”; and 3) change Section 3-205.1.i Berkeley Lake Conservancy to Section 3-205-1 Berkeley Lake Conservancy; and 4) In Section 3-102.i, amend “blood or marriage” to “blood, marriage or adoption.” Kitchens seconded the motion. All were in favor. The motion passed.
Guthrie requested that the City Administrator review Chapter 3 to answer questions that had been added to the document by councilmembers and to format the final document. In addition, Guthrie requested that changes to Sections 3-701 and 3-702 made earlier that day be incorporated into the version presented at next month’s council meeting.
b) O-44-06d WA Ch. 11.103, Traffic Control, on-street parking (for poss. 2nd read)
Anderson explained that the desire for these regulations came out of concern about parking on the roadways of the City, but that perhaps this ordinance could be made more palatable by striking parking prohibitions on certain roads.
Sipe stated that parking prohibitions around the roads of the old city would interfere with social gatherings and functions that have traditionally taken place. Anderson agreed, stating that Anderson's concern over that exact issue is why the other modifications had been suggested.
Salter suggested prohibiting parking between the hours of 2 A.M. and 6 A.M., which would still allow for social events to take place, but would help solve the problem of people habitually parking on the street.
Anderson motioned to put Chapter 11-103, Traffic Control – On-street Parking on 2nd read with the following modification: the elimination of 11-103 (2) a, b, d, f, g and i. Guthrie seconded the motion.
There was discussion.
Anderson withdrew the motion.
There was discussion.
Anderson motioned to put on 2nd read Chapter 11-103, Traffic Control – On-street Parking with the following modification: eliminate subparagraphs A-J in Section 2 and replace with “on the right-of-way or roadway of any street between the hours of 2 A.M. and 6 A.M.” Kitchens seconded the motion.
Discussion followed about other issues regarding the ordinance as it is currently written.
All were in favor. The motion passed.
c) Budget 2007 (for poss. 2nd read)
The City Administrator reviewed the changes to the budget since the last council meeting.
Cohen suggested changes to various budget line items to offset the need for taking money from reserves to balance the 2007 budget. Kitchens asked why this was the first time these suggestions were being voiced after having had a detailed work session to go line by line through the budget. Cohen stated that since the work session the City has learned of additional costs that he is trying to offset by the changes he is suggesting.
Following much discussion, Cohen stated that the budget could be re-evaluated mid-year, and that any necessary changes could be made then.
There was much discussion about increasing the police budget from $88,000 to $100,000.
Sipe motioned to accept the 2007 budget with an amendment to increase the police budget to $100,000. Cohen seconded the motion. Anderson, Kitchens, and Guthrie opposed. The motion failed.
Guthrie motioned to accept the 2007 budget in its current state. Kitchens seconded the motion. Anderson, Guthrie, and Kitchens were in favor. Cohen and Sipe opposed. The motion passed.
d) O-47-06 Chapter 32-101, Regulatory Fees (for poss. 2nd read)
e) O-48-06 Chapter 4-104, Occupational Tax (for poss. 2nd read)
Anderson motioned to postpone to the next meeting consideration of Chapter 32-101 Regulatory fees and Chapter 4-104 Occupational Tax. Kitchens seconded the motion.
There was discussion about the burden of the Regulatory Fee and Occupational Tax ordinances on the citizens and staff without much monetary benefit. Anderson agreed to ask the City Treasurer, Pam Williamson, to provide an estimate of the revenue that would be generated from these ordinances.
However, members of council acknowledged the need for these ordinances to regulate commercial businesses within the City and to accommodate citizens who want them.
Following discussion, all were in favor. The motion passed.
f) Consideration of StreetSmarts Report
This item had been moved up to accompany agenda item II, the Special Guest Speaker – John Karnowski.
g) Deer Crossing and Police Patrol Area Signs
There was discussion about whether to have deer signs and police patrol area signs within the City of Berkeley Lake. Council discussed where such signs would be placed and the importance of maintaining signage in the City.
Council did not come to consensus about the proposed signage, but requested that the Mayor contact Liz Nicholas (acting as City Wildlife Expert) to suggest specific locations for deer signage based on actual deer paths. Guthrie requested that the City also look into cleaning existing road signage and suggested that the Mayor inquire about the possibility of getting help from youth required to do community service.
II. NEW BUSINESS
a) Hermitage Plantation Annexation Discussion
Salter acknowledged Judge Charles Barrett, resident of Hermitage Plantation, who was in attendance to answer any of council’s questions about the possibility of Hermitage Plantation requesting annexation into the City of Berkeley Lake.
There was much discussion about whether the City of Berkeley Lake would benefit from the annexation of Hermitage Plantation.
Issues raised included increased tax revenue, protection of city property values, SPLOST revenue/expenses, dilution of city services, decline of exclusivity of the city, and hidden infrastructure costs.
Sipe asked a broader question about what the City’s policy should be regarding residential annexation and if all other contiguous neighborhoods would be given the same consideration as Hermitage Plantation.
Guthrie proposed that council take everything discussed under consideration and advisement. She further suggested that council be open to Hermitage’s proposal, but that Hermitage take the next step to find out if they have enough interest from the residents to move forward with the annexation request. Guthrie stated that the City should not expend any funds in investigating anything until we know if Hermitage has the 60% required for annexation. Until the council has that information, council can be weighing the pros and cons of the annexation. Once the council knows that 60% of the residents are in favor of the annexation, the City can move forward with assessing the infrastructure, etc. Council came to a consensus that this should be the City’s position and Judge Barrett of Hermitage agreed that this was an appropriate approach.
Representatives from Hermitage Plantation, Mr. Martin and Ms. Tada, along with Judge Barrett, were in attendance at the meeting. Ms. Tada stated that there was an exploratory committee of Hermitage Plantation residents, which had been convened to examine the annexation issue. Ms. Tada stated that this committee had compiled a brochure of information about the City of Berkeley Lake for distribution to residents of Hermitage Plantation. After dissemination of the informational brochure, Ms. Tada stated that it is the intent of the exploratory committee members to visit with individual residents in their homes to record any questions that they may have and then consult with officials/staff from the City of Berkeley Lake to answer those questions. Once individual questions have been answered, a meeting to be chaired by Mayor Salter would be scheduled. Once these steps have been taken, the residents on the exploratory committee would seek the signatures of 60% of the residents for the annexation petition. Ms. Tada was hoping to have these tasks accomplished in eight weeks, but she acknowledged that was an ambitious schedule.
Ms. Tada requested that the City of Berkeley Lake proceed with assessing the infrastructure of Hermitage Plantation. Council questioned committing money to have infrastructure analysis done at this point.
Salter offered to ask Randy Kirkus, chair of the Public Works Committee, to do a preliminary infrastructure assessment which would not cost the City any money. She also agreed to investigate the cost of having Rich Edinger, City Engineer, do a thorough assessment.
Anderson requested that council be given the opportunity to review the brochure prepared by the exploratory committee to ensure its accuracy.
b) Ratification of Urban Collage additional cost
Salter explained the need for the ratification because of the expense of Urban Collage attending the December council meeting.
Guthrie asked about the amount of money that was previously approved for Urban Collage and how much the city had already spent. A total of $12,500 had been approved by council, and $11,316 had been spent. However, the initial $12,500 budget had been divided into two budgets, $1,500 for copying and document production and $11,000 for all other Urban Collage expenses.
Sipe motioned to allow the existing Urban Collage funding to be used for any Urban Collage related expense. Cohen seconded the motion. All were in favor. The motion passed.
Guthrie requested two copies of the final report be provided by Urban Collage – one for the City staff and one for the Facilities Committee – to be paid for with available funds from the previously approved Urban Collage budget.
c) Contract with Integrated Science and Engineering, Inc.
Salter informed council that she, the City Administrator, the Ordinance Enforcement Officer, and Randy Kirkus, Public Works Chairman, attended a MS4 meeting held by Integrated Science and Engineering, Inc.
Salter recommended that council allow her to sign the contract.
Carothers stated that he had only received the professional liability insurance certificates and he has put in a request to see ISE’s vehicle insurance certificates. Subject to approval as to form, the Mayor can proceed with signing the contract.
Cohen motioned to authorize Mayor Salter to sign the ISE contract. Anderson seconded the motion. All were in favor. The motion passed.
d) Consideration of Appointments and Election of Mayor Pro Tem
Salter reviewed the committees list that was submitted to council.
Anderson motioned to appoint Leigh Threadgill as City Administrator/City Clerk. Sipe seconded the motion. All were in favor. The motion passed.
Anderson motioned to appoint Sandy Rosenberger as Deputy City Clerk. Sipe seconded the motion. All were in favor. The motion passed.
Anderson motioned to appoint Gene Rodgers as Ordinance Enforcement Officer. Sipe seconded the motion. All were in favor. The motion passed.
Anderson motioned to appoint Pam Williamson as City Treasurer. Sipe seconded the motion. All were in favor. The motion passed.
Anderson motioned to appoint Dick Carothers as City Attorney. Sipe seconded the motion. All were in favor. The motion passed.
Anderson motioned to appoint David Dick as City Auditor. Sipe seconded the motion. All were in favor. The motion passed.
Anderson motioned to appoint Jan McKinney as Municipal Judge for the City of Berkeley Lake. Sipe seconded the motion. All were in favor. The motion passed.
Anderson motioned to appoint Frank Lombardi to replace Gary Moore on the Planning and Zoning Commission. Sipe seconded the motion. All were in favor. The motion passed.
Anderson motioned to appoint Rich Edinger as City Engineer. Sipe seconded the motion. All were in favor. The motion passed.
Anderson motioned to appoint Rebecca Spitler, Marilyn Bondon, and Mickey Merkel to the Berkeley Lake Conservancy. Sipe seconded the motion. All were in favor. The motion passed.
Salter indicated that Spitler and Merkel would be serving 2-year terms, and Bondon would be completing the second year of resigning member Betty Covington’s term.
Anderson motioned to elect Debbie Guthrie as Mayor Pro Tempore. Kitchens seconded. Anderson, Guthrie and Kitchens were in favor. Sipe and Cohen opposed. The motion passed.
e) O-52-07 Chapter 32-308 Body Art Studios and Artists
Anderson motioned to put Chapter 32-308 Body Art Studios and Artists on 1st read. Sipe seconded the motion. All were in favor. The motion passed.
f) O-49-07 Chapter 31-110 Litter Control
Anderson motioned to put Chapter 31-110 Litter Control on 1st read. Sipe seconded the motion. All were in favor. The motion passed.
g) O-50-07- Chapter 43 Stream Buffer Protection
Anderson motioned to put Chapter 43 Stream Buffer protection on 1st read. Sipe seconded the motion. All were in favor. The motion passed.
h) O-51-07 Chapter 44 Post Development Stormwater Management
Anderson motioned to put Chapter 44 Post Development Stormwater Management on 1st read. Sipe seconded the motion. All were in favor. The motion passed.
i) Ratification of decision regarding gift for Jackie Wall
Anderson motioned to accept ratification of decision regarding gift for Jackie Wall. Cohen seconded the motion.
There was discussion about the need to retain any city-related information that was stored on Jackie Wall’s cell phone since she was being given the phone as a gift from the City . There was also consensus that the City retain the actual phone number on the cell phone in order for it to be transferred to the new City Administrator’s cell phone .
All were in favor. The motion passed.
j) Septic Extensions Request
Anderson motioned to grant the Septic Extension Request per administrative review. Sipe seconded the motion. All were in favor. The motion passed.
VIII. CITIZENS COMMENTS
There were no citizen comments.
IX. EXECUTIVE SESSION for consideration of legal issues
Cohen motioned to enter into executive session for the purpose of discussing legal issues. Anderson seconded the motion. All were in favor. The motion passed.
Cohen motioned to exit the executive session. Anderson seconded the motion. All were in favor. The motion passed.
X. ADJOURNMENT
THERE BEING NO FURTHER BUSINESS, COHEN MOTIONED TO ADJOURN THE MEETING AT APPROXIMATELY 10:40 PM. ANDERSON SECONDED THE MOTION. ALL WERE IN FAVOR. THE MOTION PASSED.
Respectfully submitted by Leigh Threadgill (approved by Council February 15, 2007)
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