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 Attorney and Associate: Dick Carothers and Amy Cowan
City Administrator – Leigh Threadgill
Citizens Present- 22

COMPREHENSIVE PLAN PUBLIC HEARING and INTRODUCTORY MEETING (7 p.m.)
Salter introduced Josh Langen of Clark Patterson Associates who is working with the City on its Comprehensive Plan update.

Langen made a short presentation and then responded to questions.    

CALL TO ORDER
Salter opened the meeting at 7:30 p.m. at 4043 South Berkeley Lake Road.

I. APPROVAL OF OR CHANGES TO THE AGENDA

Guthrie suggested that item “i” under new business be moved up to “e” and everything else shifted down. Threadgill noted that there were no septic extension requests so that agenda item would be removed. Guthrie suggested adding the BLC report as “v” under Reports.

II. MINUTES of June 21st, 2007 and August 16th, 2007

Kitchens asked if the issue was resolved with Sipe’s comments. Sipe stated that he listened to it carefully at high volume to be sure he got the exact wording and he believes the changes he made reflected the voice record.

Anderson stated that he didn’t accept the deletions on page 7.

Anderson motioned to accept the minutes with the changes from George Sipe, which were submitted the day before yesterday, with the exception of the deletions on page 7.  Kitchens seconded the motion.

Anderson amended the motion to accept the minutes but asked that the City Administrator include a verbatim of the record between minutes 52:40 and 53:26.

Sipe stated that he is uncomfortable with this because he thinks it’s important to know the context, and the verbatim may need to be included just before that.

There was discussion.

Anderson withdrew his motion. Anderson entered a substitute motion that the City Administrator do a verbatim transcript of the previously mentioned portion 52:40 through 53:26 and that the minutes with that added verbatim portion be circulated for consideration at the next council meeting. Kitchens seconded the motion.

Sipe asked that the minutes be made available well before the next meeting for review.

All were in favor. The motion passed.

Guthrie motioned to accept minutes of Aug. 16th.  Anderson seconded the motion. Cohen, Anderson, Kitchens and Guthrie were in favor. Sipe abstained. The motion passed.

III. REPORTS

i. Police
There was no report from the police.

ii. August 2007 Financial Statements
Guthrie motioned to accept the unaudited financial statements of August 31, 2007. Kitchens seconded the motion. All were in favor. The motion passed.

iii. Ordinance Enforcement Officer
Salter noted that council had received a report from the OEO.

iv. Facilities Committee
Salter noted that council had received a report from the Facilities Committee.

v. BLC
Salter noted that council had received a report from BLC.

V. MAYOR’S MESSAGE TO COUNCIL
Salter noted distribution of the following written report to be incorporated into the minutes:

“You will recall that at Council’s request I asked Doug McClure to check back as far as he could through accident statistics to see if there’s a place where guardrails might be indicated.   His response is: “I did and cannot find an area that is a problem.  There really have not been areas where we have had several accidents at the same location.”  

Advanced Disposal is again demonstrating their usual civic mindedness in our community.  They have agreed to help BL Elementary and the UNITE group of volunteers from different churches when they have their weekend of service on October 6/7.   If you would like to participate you can see their projects listed at www.uniteus.org or contact Tracy Baird at 678-969-0266.

We are grateful to Chip McDaniel who has agreed to deliver a welcome basket from now on to all new residents, including a City Handbook and Directory.  If you notice a new neighbor moving in, please alert City Hall. 

Our Berkeley Lake celebration of Veteran’s Day will focus this year on Viet Nam veterans.  The beach area will be the staging point for the day's events. Vietnam reenactors will recreate a small encampment complete with living history displays.  A color guard will be present for opening ceremonies and there will be a climbing wall and a HUMV display.  The Georgia Defense Force will provide parking assistance and security.  I have obtained permission from the principal of BL Elementary for us to use their parking area, and Hum Vees will shuttle citizens to and from the beach.  To begin the day a Vietnam Era troop transport helicopter will make a low level approach from the south end of Berkeley Lake, along the lake channel, proceeding to the beach area, accompanied by Wagner's "Ride of the Valkyries.”  Owned and maintained by the Army Aviation Heritage Foundation, this Huey is an actual combat aircraft, piloted by Vietnam Veterans.  Residents will be given this "once in a lifetime" opportunity to ride an authentic Vietnam Huey for a $45.00 donation per rider, which is tax deductible.  The flight time will be approximately 10-14 minutes and will be a circuit around Berkeley Lake, including passes along the scenic Chattahoochee River.  Food and drinks will be available at modest prices. Vietnam veterans will be on hand for special recognition. Closing ceremonies will include a 21 gun salute as the Huey aircraft departs.  Mark your calendars and come help us celebrate on Saturday, Nov. 10, from 11AM to 1 PM.  For additional information, please see me or call Britt Taylor Collins at 770-242-3002 or email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Please remember our Fall Earth Day on Saturday, Oct. 13 from 9 AM until noon, and Berkeley Lake’s Fall Festival on the afternoon of Sunday, Oct. 28.”

Salter added that she has appointed Shawn Cochran as chairman of BLEMA committee.  She asked if anyone had concerns or questions about any of her message and no one did.

VI. OLD BUSINESS
a.) Decision re Christa property problems
Carol Christa, 828 Valley View Lane, stated that she has hired Lynford Bentley to help her finish the house at 830 Valley View Lane. Mr. Bentley stated that he would be emailing council in the coming days and weeks. He noted that there has been a major breakthrough from environmental health, which has verbally approved septic tank permits based on the existing structure with the old lot lines with a 12.5 foot bump out circling around that area.  Two things made the difference. It has been determined that there is enough drain field area for the primary system on the hill between the house and the road and there is an existing easement onto 828 for a secondary drain field.  It was confirmed that the drain field is more than 75 feet from the edge of the lake. Bentley noted he has talked to Bob Herb and George Sipe and that they like the idea of what is being discussed.

Bentley stated that a survey plat is still needed and they need to determine if they are complying with the 15% maximum lot coverage.  He noted they should have this in the coming week.

Sipe stated that he and Bob Herb generally agree that all zoning requirements need to be met with the exception of the front setback, which previously had a variance and will require a new variance based on the adjusted lot lines. It isn’t just the 15% lot coverage that is important, all zoning requirements need to be met.

In addition, Sipe noted that council will need to review a new survey and letter from environmental health saying they agree with this new lot configuration, as well as something in writing from the mortgage company stating that they approve of these changes.

Bentley noted that he has obtained verbal approval from the mortgage holder, First Horizon.

Salter asked for a reasonable time frame for those documents to be provided. Sipe stated that the survey should be submitted within 2 weeks, which would include both properties, proposed adjustments to the lot lines, both structures, and the location of the drain fields.  Sipe understands that environmental health won’t submit a letter until they can review the survey. The mortgage company will also likely want to review the survey.

After the survey is finished, letters from environmental health and the mortgage company shall be submitted to city hall. All documentation shall be submitted to City Hall within three weeks. 

Anderson asked that the city inspector go spot check to ensure that all the survey information is correct, once the updated survey is submitted.
 
Threadgill stated that she would ask the inspector to do that, but noted that he would do the best that he could given the information that is available in the field. Salter asked Bentley to have the surveyor mark the spots that are most significant from the standpoints of measurement. Bentley noted that the surveyor will put a pin at every turn. Threadgill stated that Bentley should call City Hall to schedule an appointment with Craig Lokey to go over the survey in the field.

Guthrie asked for a date certain, which would be October 11th .

Mr. Bentley agreed that documentation would be submitted by noon on October 11th.

b.) City Hall

There were no comments or questions about this.

c.) O-48-07  Chapter 4-103 Occupation Taxes (for poss. adoption)

Guthrie motioned to adopt the latest version of Business and Occupation Taxes Ordinance with the exception that it be renumbered to appear in Chapter 32. Anderson seconded the motion. 

Guthrie amended her motion to adopt the latest version, that it be renumbered to chapter 32, and that the following typographical errors on page 5 be corrected: 1.) that the first “of” in Section E.1 needs to be removed and 2.) the extra “s” in business’s in section E.2 needs to be removed.  Anderson seconded the motion. Anderson, Guthrie and Kitchens voted in favor. Sipe and Cohen opposed. The motion passed.

Sipe wanted to add that these are burdensome ordinances that won’t necessarily be enforced and will rely on people knowing that they need to comply with these. The goal should be tailoring it more to the commercial areas and not have it be so broad.

Guthrie commented for the record that we can’t discriminate against one section of the city to benefit another section, which was already determined in prior council discussions.

Sipe offered in response to that that the minimum requirements could be changed such that it wouldn’t apply to the residents, but only the commercial businesses in the city.

d.) O-47-07 Chapter 32-101 Regulatory Fees (for poss. adoption)

Guthrie motioned to adopt Regulatory Fees with the correction of a typographical error on page 3, to replace the word “much” in Section 4(c) with “must.” Anderson seconded the motion.

Sipe noted the same comments as for Business and Occupation Tax Ordinance.

Anderson, Guthrie and Kitchens voted in favor. Cohen and Sipe opposed. The motion passed.

Guthrie noted that we do need to come up with a list of regulatory fees, and asked the City Administrator to work on this as well as a recommendation for an administrative fee for business and occupation taxes. These fees should be set by council with a resolution.

VII. NEW BUSINESS

a.) Transmittal Resolution – Community Participation Program component of Comp Plan to ARC

Having held a public hearing and introductory Comprehensive Plan meeting at 7 p.m., council considered transmittal of the Community Participation Program.

Sipe motioned to accept the resolution. Anderson seconded the motion. All were in favor. The motion passed.
 
b.) Ratification of CD investment

Threadgill stated that a CD had been reinvested for a 12-month term at an interest rate of 5.35% and an Annual Percentage Yield of 5.5%.

Anderson motioned to approve the ratification of the CD investment. Kitchens seconded the motion. All were in favor. The motion passed.

c.) Consideration of BLEMA Draft Crisis Management Plan and Communication Strategy

Kitchens asked if this was the plan for the plan.

Shawn Cochran, 4610 Berkeley Walk Point, stated that this is not the plan, but it is a management structure for handling a disaster.

Kitchens asked if this was part of the 6-9 month effort to develop a complete plan.

Cochran responded that it is.

Anderson stated that this is a stepping-stone in the progress toward the full plan, and council may need more time to review this piece.

Salter asked about communication strategies. Cochran responded with various steps that are being taken and different options for communication strategies. We have a mass calling capability for the city. He noted that Anderson is working on contact lists for various teams.

Cochran explained a calling card made available through the Government Emergency Telecommunication Service (GETS).

There was further discussion.

Guthrie stated that she wanted to implement some of the recommendations that Cochran had made last year in a Communications Committee report in relationship to BLEMA communication.

Guthrie stated that Cochran and Threadgill would need to sit down and know what plans are available, how to subscribe and what the cost is for participation in different plans.  Guthrie stated that this should be coordinated with City Hall. Cochran stated that there is no cost for GETS. He went on to discuss the wireless priority plan and costs that are associated with that as well as other plans and their costs.

Salter stated that she and Threadgill would need to come up with a suggestion for council to consider at the next meeting.

d.) Discussion regarding First Responder training such as CPR
Guthrie stated that this is carry-over from last meeting and could be discussed at some future point.

e.) Funding for Citizen Emergency Preparedness Materials - Guthrie

Guthrie discussed the different information to distribute to citizens.

Guthrie motioned to print and laminate the Emergency Guide and Preparedness Guide for citizens with money that is budgeted under the printing section for Emergency Preparedness and also under Professional Services for Emergency Preparedness at a cost of about $1700. Anderson seconded the motion. All were in favor. The motion passed.

Anderson motioned that the City approve the payment of $1200 to PrepareFirst once the Mayor has received the digital images of the final update to the two laminated guides. Kitchens seconded the motion. All were in favor. The motion passed.

Guthrie reported that there are two sponsors so far for the cost of obtaining and distributing the emergency preparedness book, It’s a Disaster. At this point, money in other budget line items could be pulled to help fund this. We’re still short about $2,000. Guthrie asked whether council has an interest in buying this book with city funds while she and Anderson continue to try to find sponsors to fund this. There would be a chance that the city would be subsidizing this if enough sponsors didn’t participate. 

Salter stated that the budget is very tight and she doesn’t have a sense that citizens want the city to use tax-payer dollars to buy books for them.  She recommended waiting until enough sponsorship could be found to fund this or not doing it at all. She stated that she could ask homeowner’s presidents about their thought on this if council would like her to.

Kitchens stated that this is a good opportunity to distribute the emergency guides and the book to citizens all at once. He wanted a sense of what citizens thought about this.

Shawn Cochran stated that he thinks there is enough information for free that can be obtained from the web making it unnecessary to distribute this book to every citizen.

Guthrie stated that the city adopted a resolution that said that we would make this book available to our citizens when we adopted the county’s Pre-Hazard and Disaster Mitigation Plan which was required for the City to be eligible for FEMA funding in the event of a disaster or emergency. It doesn’t say that you have to give every citizen a book, but says it needs to be made available to the citizens.

Salter stated that we could inform citizens in Mayor’s Message that this book could be obtained for cheaper through city hall and anyone interested could contact city hall.

Cochran noted that a handful of these books could be kept at city hall for citizens to check out as needed.

Rebecca Spitler, 3825 Berkeley View Drive, stated that there is a lot of information out there. We could include a link on the city’s website stating how to obtain this book. She agrees with Cochran and we could provide more information on the City’s website making information available to the citizens.

Anderson asked how to handle the solicitations already obtained to this point. Should the money be returned to the sponsors?

Salter stated that she thought the money should be returned.

Salter asked for a motion or if we had consensus. Anderson stated that it sounds like the consensus is to put information on the web site and continue trying to find sponsorship.  Guthrie recommended not putting anything on the website at this point. She recommended waiting until we figure out the overall plan.

Guthrie asked if the laminated guides were final as far as comments from council. No one had any additional comments or additions.

Salter stated that council has blessed the laminated guides from PrepareFirst.

f.) Adoption Ordinance for Municode O-60-07 (first read)

Carothers stated that this is to adopt the code that is revised and reorganized.

Anderson motioned to put this ordinance on first read. Kitchens seconded the motion.

Sipe asked if P&Z was in agreement with this. Carothers stated that P&Z in their review came up with some substantive changes, which council needs to review.

Carothers stated that it is cleaner to do this in two steps, which is to adopt Chapter 78 as is and then adopt the changes from P&Z to chapter 78.

It was noted that we have to go back from July of last year to send Municode all the newly adopted ordinances for them to send us pages to be reflected in the new code.
There was discussion about the ordinances that have been adopted in the interim and how it may be administratively difficult to point to a specific code as being the correct code.

Sipe asked if it would be the intention to put this on second read and adopt at the next meeting. Do we need to have a public hearing for these changes?

Carothers stated that we should hold a public hearing before council at the next meeting so that the new changes to Chapter 78 can be discussed.

All were in favor. The motion passed.

g.) O-61-07 Chapter 78 (former Chapter 39) Zoning Ordinance

Sipe motioned to put this on first read. Guthrie seconded the motion. All were in favor. The motion passed.

h.) Septic Extension Requests

There were none.

i.) Trash pickup by convict workers, request of BLC – Anderson

The Berkeley Lake Conservancy has done some research and Gwinnett Clean and Beautiful isn’t a good choice because they won’t commit to clean up along Peachtree Industrial Boulevard so he wanted to recommend the city ask the convict team to come and pick up trash along that stretch of road in the city limits.

Sipe stated that convicts have been used in the past. Salter stated that Gwinnett Clean and Beautiful uses convicts to do this work.

Rebecca Spitler reported that Gwinnett Clean and Beautiful would act as a middle man. Spitler stated that she is asking that the Mayor request from the county that we have a convict team come to pick up along Peachtree Industrial Boulevard.

Salter provided information about another program. She stated that the county did contact her and that they had convicts that would be made available to municipal government to do trash pick-up and other sorts of labor. They would provide guards with guns and any necessary equipment. Salter stated that when she presented this to council quite some time ago they were not comfortable with this program. We could save money on things like mowing the right-of-way, but her sense is that council did not want them in the heart of the city.

Sipe stated that council would need direction from citizens to make this decision. Anderson agreed that he would also like feedback from citizens before suggesting that we permit convict crews to work in our residential areas.

Anderson stated that he would like to have a convict crew come out to work only on PIB.

Salter stated that she would ask the county and ask if this could be a regular clean-up team along Peachtree Industrial Boulevard.

Salter asked if there was consensus from council for her to contact the county about having a convict team come pick-up along Peachtree Industrial Boulevard.  It was consensus of council.

Carothers stated that there is a lot of demand for these folks. He suggested some contacts for the Mayor.

VII. CITIZEN COMMENTS

There were none.

VIII. EXECUTIVE SESSION for consideration of legal, land acquisition and personnel issues

Cohen motioned to enter executive session for consideration of legal, land acquisition and personnel issues at 8:55 p.m. Anderson seconded the motion. All were in favor. The motion passed.

Cohen motioned to exit executive session at 9:24 p.m. Anderson seconded the motion. All were in favor. The motion passed.

IX. ADJOURNMENT

Cohen motioned to adjourn at 9:25 p.m. Anderson seconded the motion. All were in favor. The motion passed.


(Respectfully submitted by Leigh Threadgill, approved by Council October 18, 2007)