Those in attendance for the Council Meeting were as follows:
Mayor – Lois D. Salter
Council Members: Bernie Cohen, Delicia Reynolds, George Sipe and Marcie Zielazienski
City Attorney- Dick Carothers
City Clerk- Jackie Wall

Citizens Present- 13

CALL TO ORDER
Salter called the meeting to order at 7:30 PM at 4043 Berkeley Lake Road.

MINUTES
Sipe motioned to accept the minutes from January 15th, 2004. Zielazienski seconded the motion. All were in favor and the motion passed.

REPORTS
Salter said she had received reports from the OEO and the Police and asked if there were any comments. There were no comments.

MAYOR’S MESSAGE
Salter announced that City hall is now open longer hours for a trial period every day Monday through Thursday from 11 am to 4 pm and closed on Fridays until further notice. She said that this should be easier for everyone to remember.

Salter said there is free help available for seniors to complete tax returns. The details on this are on the web site. Please call City Hall for further details.

Salter said the offer of free Radon kits has been well received, with 45-50 people taking advantage of it. She asked if anyone would let the Clerk know if they had high readings in case other people should be encouraged to test as well.

Salter said the repair on Lakeshore Drive started exactly when the City said it would. She thanked Zielazienski and Carothers for all their extra work to make it happen. She also thanked the citizens involved, who whilst defending their property values, never lost sight of the things of value for the rest of the citizens and for the rest of the city.

Salter said that whilst at the Annual Berkeley Walk Home Owners Association meeting, she had asked if council meetings could be held quarterly at their clubhouse, as Massaroni had suggested at the last meeting. They had an informal vote and unanimously rejected the idea. She said they had been asked before and were not interested and they are still not interested.

Salter said that whilst at the meeting, Barbara Carroll said that it was the first time she knew what was going on in the city after reading the Mayors letter. She said other people had commented on it favorably too. Salter said she hoped that kind of communication would continue to be well received.

OLD BUSINESS
AMEND DEVELOPMENT REGULATIONS (CHAPTER 40), 2ND READ – SIPE
Sipe said the Ordinance had been put on first read in December, and then modified by the City Attorney. He then described the changes.

Sipe motioned to put the Ordinance on second read and adopt it. Cohen seconded the motion.

In discussion Carothers suggested that the Gwinnett County guidelines be attached to the minutes too. He clarified that as the Gwinnett County guidelines are revised, the ordinance will be revised automatically.

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

LIFT TEMPORARY DEVELOPMENT MORATORIUM – SIPE
Sipe motioned to lift the temporary development moratorium as the amendments had now been made to Chapter 40, Cohen seconded the motion and all were in favor. Motion passed.

AMEND TREASURER'S AUTHORITY TO PROVIDE FOR DELEGATION (3-404), 2ND READ – COHEN
Cohen motioned to put this amendment on second read as it was already happening this way and to adopt it. Zielazienski seconded the motion.

Cohen described the change made as suggested by a citizen at the last meeting.

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

UPDATE CONSERVATION COMMITTEE (BLC) MEMBERSHIP AND CHAIR
(3-703-6), 2ND READ – SIPE
Sipe motioned that the Ordinance be amended to make it consistent with the other committees and to put it on second read and adopt it. Cohen seconded the motion and all were in favor. Motion passed.

REPAIR OF LAKESHORE DRIVE – ZIELAZIENSKI
Zielazienski said that work was well underway to replace the culvert under Lakeshore Drive. There were large holes visible under the road. She said the contractors were doing a good job with silt control and they were already prepared for another big rainfall.

SEWER WORK-ZIELAZIENSKI
Zielazienski said the County sewer work on N. Berkeley Lake Road was progressing fast, she said the contractors would go back into Bayway Circle when they are done and continue with the spillway outfall pipes. Zielazienski said there are new issues with the Spillway and, the contractor is hoping to lower the lake by a couple of feet to enable to do some of the work.

DAM-ZIELAZIENSKI
Zielazienski said that the “Safe Dams” engineer reviewed previous work done on the dam and did his annual inspection at the same time. She said the dam passed with flying colors but there was a problem with the spillway. There is a large hole with water flowing underneath. She described the problem. She said the city has been given 45 days to get a fix engineered. There is no choice but to go ahead and do it..

Zielazienski motioned to get the engineering done on the issue at the spillway and that it was not to exceed $5000. Cohen seconded the motion. All were in favor and the motion passed.

ROADS
Zielazienski said she had tried to follow up a previous communication with the County DOT about the roads in the area and particularly around 50 Lakeshore Drive, as it had a history of accidents. She said she was told that her contact, Brian Allen, was currently out of the office on a family emergency but she expects to hear from him soon.

Zielazienski said the culvert between 182-186 Lakeshore Drive was also failing. As there are two contractors already in city, it would save money to get them to bid on it now, so they could mobilize there straight after their current projects in order to avoid another road closure.

Zielazienski motioned that funds not to exceed $6000 be approved for the engineering to replace the culvert between 182-186 Lakeshore Drive. Cohen seconded the motion and all were in favor.

Salter thanked Zielazienski again for all her hard work on the current projects and for her hands-on approach at the sites.

Citizen Comments- Debra Robinson 540 Lakeshore Drive
Robinson said she was concerned with safety at the culvert site. Half of the road has gone, there is big equipment there and people are still crossing it. She asked if the City could do anything else about it.

Salter said police are enforcing both sites. She said it is very obvious that both are very dangerous areas and there are lots of signs situated there.

Carothers confirmed that the City is doing everything possible and the City is covered by insurance should there be a problem

NEW BUSINESS
APPOINTMENTS – SALTER
Salter appointed Britt Collins as Assistant OEO as he is a great back up who lives in the neighborhood.

Sipe motioned to accept the appointment, Zielazienski seconded the motion, and all were in favor.

Salter appointed Craig Belt as a Planning and Zoning commissioner to replace David Hanson who is resigning. Belt has attended many meetings and is very attentive to issues in the community.

Sipe motioned to accept the appointment, Reynolds seconded the motion, and all were in favor.

Salter appointed Chuck Wilkinson as the Chair of the Berkeley Lake Conservancy (BLC). The members appointed were Barbara Brice, Julie Stuart, Rick Waxweiler and Pam Williamson.

Zielazienski motioned to accept the appointment, Cohen seconded the motion, and all were in favor.

Salter said the remainder of the committees were Mayoral appointments and she named additional appointments added to the list attached to the minutes added only that day. Charles Carroll was added to the BLEMA committee and Brian Matthews was added to the Communications Committee.

Salter said she was very optimistic about the committees and she was very grateful to the many people who have been willing to give significant time to the City. She said she intended to develop a list of issues and questions for each committee. They can look at other issues should they choose to. She clarified that Council members are only liaisons to the committees, not leaders. The committees are purely for citizen input, they can ask for help if they choose to but they can determine their own path and report to council after.

Salter said that she hoped every committee would have five people, and in most cases she had an idea who might be appointed in the empty places. However she had been unable to get a firm answer yet. She said however, that in every case there was enough of a committee to get going.

Salter said she had not turned down anyone’s offer to be on a committee and persuaded as many people as she could from all the communities in the City where possible.

Salter asked for a show of hands for a consensus to the appointments and everyone affirmed her choices.

Reynolds asked if all the Committees and members should be posted on the web site along with the descriptions of the committees.

Salter said yes and thanked her for doing that.

OFFER TO PURCHASE CITY OWNED FPR PROPERTY – SALTER
Salter said that Jeff Hosford who now owns 4025 S. Berkeley Lake Road had offered to buy the FPR property next to his house, and that she had notified council and the City Attorney to that effect.

There was general discussion about selling the property and what that would entail. There was also discussion about the laws regarding FPR property. There are many legal issues, which could result from it, as proven by a Supreme Court hearing pertaining to that property many years ago.

Citizen comment- Britt Collins 33 Lakeshore Drive
Collins asked if the property could be built upon.

It was clarified that the property could have nothing built upon it or from it, even a boat dock.

There was discussion regarding the rights of Deed of Covenant holders on the lake and it was clarified that even if it were sold, they would still be able to use it.

Carothers clarified that any sale would have to be offered under competitive bids. The City could either accept the highest offer or reject all offers.

Salter asked if the council members had any interest in pursuing the sale.

There was none.

AMEND CHAPTER 3 TO CLARIFY EMPLOYEE CITIZENSHIP REQUIREMENT (3-403K), 1ST READ – COHEN
Cohen motioned that the Ordinance be changed to amend one word from “citizen” to “individual” and put it on first read. Zielazienski seconded the motion.

In discussion, Reynolds suggested that “individual” be amended to “natural person” as it is standard language in law.

Cohen accepted the change and amended his motion as Reynolds suggested.

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

UPDATE MAYOR'S DISCRETIONARY SPENDING LIMIT (4-208, 4-211) – COHEN
Cohen said that the Mayor was sometimes obligated to sign checks that exceed $1000. He described the minor changes to the ordinances and the reasons for them. He said it allowed for emergencies in particular.

Cohen motioned to put the changes in the Ordinances on first read. Sipe seconded the motion.

In discussion Reynolds suggested that the phrase “or from un-appropriated revenues or surplus” in section 4-211 be removed.

There was further discussion on the wording and Cohen agreed to change some lines. He said he would like the Ordinance committee to look at it again further at a later date.

It was agreed to look at all the wording before the next meeting.

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

CONSULTATION WITH CITY ATTORNEY – COHEN
Cohen said he was withdrawing the Resolution, as the City code says everyone can consult with the City Attorney. He said he would like to change the structure of the code so someone else, preferably the Mayor, would be consulted first. It needed further work on it and he would like the Ordinance committee to look at it first once it got going.

CITY CREDIT CARD- SALTER
Salter said she had discussed a City Credit card with the City Clerk, and the Treasurer as a way of making it easier for the City Clerk’s purchases. She asked support from the council to have a City Credit card and for it to have a $1000 limit. She suggested the signatories be herself and the City Clerk.

Sipe said it was a good idea to have another way to make a payment.

Reynolds suggested the limit be $2000 in keeping with the Mayor’s discretionary limit, and that the Mayor pro tem also have a card as he was signatory on the accounts.

Salter said she had asked Sipe and he had said no but asked whether he would reconsider.

Sipe agreed it was a good idea.

Cohen said it should be for legitimate needs and expenses, which have been budgeted.

The clerk said there was a list of approved expenditures agreed by her, the Treasurer and the Mayor.

Salter asked for council’s support in this matter and they all agreed with a show of hands.

OTHER NEW BUSINESS
RESOLUTION – COMMITTEE RULES EXPLANATION-SIPE
Sipe read the Resolution as attached and explained the reason for making the resolution. He said he could not find anything in the code or charter that defined the rules for committees. He said that as they were appointed by the mayor, he felt that the mayor should therefore define the rules.

Sipe motioned to accept the attached resolution to clarify authority to set committee rules for their conduct of business. Zielazienski seconded the motion and all in were in favor. Motion passed.

APPOINTMENT TO GOLT
Salter recommended that Julie Stuart be appointed as a representative to the Gwinnett Open Land Trust (GOLT).

Cohen motioned that this should be so, and Sipe seconded the motion. All were in favor of the motion and the motion passed.

STORMWATER- COHEN
Cohen said that amongst other reasons, he, Sipe and Zielazienski had visited Burt Nasuti to discuss what help the City could get for its stormwater problems.

He said as a result they were able to meet with Charlotte Nash and county engineers. He said that the county would examine the ponds on Peachtree Industrial Blvd (PIB) and examine every detention pond to make sure they are working properly. They would correct any problems that need to be corrected based on the original specifications, which may help the City situation. He said they could not put in new ponds. Cohen said they also agreed to re-examine all the City culverts and give an opinion if any can be fixed with temporary fixes, which will be cheaper than replacing piping. He said this survey would be done without any cost to the City.

Cohen said that there are loans available from the Georgia Environmental Facility Authority (GEFA). He said it was possible to get a very low interest loan which could be stretched for 20-50 years, so payments would be small. Cohen said that the City may want to consider this as a way of financing all the fixes necessary, rather than increase taxes significantly. There are also grants available in addition to the loan.

Cohen said the City could also ask for funds from SPLOST funds in November but that money is generally limited. However, the City can try to get on the sub-committee through the Georgia Municipal Association (GMA) that allocates it.

Cohen said another possibility was that the county were also considering a stormwater specific Utility Authority which would have a fee. However, once it was established the City could consider joining it, so they can handle these problems instead.

Cohen said they also have another appointment with Tom Rice and they would consider going to the Senator at a later date if necessary.

Cohen also said the Finance Committee could look at the lower cost long-term finance loans once they meet.

Citizen Comment- Marilyn Childress 4363 S. Berkeley Lake Road
Childress said she owns property on the other side of PIB and she is afraid that by sending the county to inspect the ponds, it will cause her financial hardship, as they could ask the owners to change the ponds.

Cohen said the county has an obligation to make sure the retention ponds are working properly. He reiterated that they could not insist anything new is put in.

Childress said that the County had already made them make changes before and explained the circumstances surrounding it.

Cohen said if a permit was required to make a change, then the county could insist on changes but they cannot change something for the sake of it.

There was general discussion about where the water came from and where it flowed.

Carothers said that there was a battle regarding SPLOST funds between the Cities and the County. He said right now the County does not have to share the SPLOST money but GMA has a strong position. He said when meeting with representatives, to consider asking for a seat on the board that allocates the money, even if it was just to veto it.

SPILLWAY OUTFALL PIPES- ZIELAZIENSKI
Zielazienski said that the contractor was almost ready to work on the spillway outfall pipes, but as she said before, he would prefer to lower the lake. She said Tom Kitchens had offered to help the contractor to do this and work with him. Zielazienski asked if Kitchens would be prepared to be the official liaison for the City on this matter.

Kitchens said he would and he would also go to the Berkeley Lake Homeowners Association (BLHA) meeting on Monday night to tell them.

There was discussion about whether it was required to ask the BLHA permission to do this as it came under the purview of “Safe Dams” work. It was decided that the City should notify them out of courtesy. There was more discussion about the last time the lake level was dropped for spillway work and how it was done. A timeframe of 2-3 weeks was given and it was suggested that it would be about a weeks worth of work.

Citizen Comment- Steve Robinson 540 Lakeshore Drive
Robinson suggested that official notice be given to the citizens in case lakeside residents wanted to do some seawall repair and that would give them the opportunity.

Salter said she would do that.

COMMITTEE GUIDELINES-SIPE
Sipe asked if there were any comments on the Committee guidelines.

Salter said she wanted to read them again. She said that Massaroni had asked about some of the guidelines when he had called her about not being able to attend the meeting. She said she was not comfortable demanding or requiring committee members to do anything as they had already offered their time. She was willing to request things of them but would like to respond to the guidelines when she had had enough time to read them carefully. She said she would prefer to concentrate on charging the Committees with a mission first.

Sipe asked the council to consider the degree of regulations that should be required of the committees. He said there had been a lot of email discussion about how much the committees should be required to do: meet in public, post an agenda in advance, take minutes etc. His said his own opinion was that they were advisory committees and were giving up their time. He said that they are effectively reporting to the public and open to the public when they make their representations to council, but that there are many things that are important to the public and for the council to give weight to their recommendations, council would be interested as to how they gathered public opinion. He said he is not against the committees keeping detailed minutes, having a secretary or meeting in City Hall, but that should be their choice to do so.

Salter said Massaroni had retracted his thoughts on requiring Committees to meet at City Hall. She said she had intended on notifying the public what the Committees are, who their members are and what their charges are first. They may also pursue other things. She said she would be comfortable to leave it up to them as to how they report back.

Reynolds asked for clarification on council liaisons being invited to meetings and whether they could attend other meetings like any other member of the public.

Salter said the committees could meet where and when they like and could invite whoever they like to attend.

Sipe said any member of the public, for example, could attend public meetings if held in City Hall.

Reynolds said she interpreted it differently and it was agreed it needed clarification.

Citizen Comment- Marilyn Childress 4363 S. Berkeley Lake Road
Childress asked whether any of the committees were subject to the Open Records Act.

Carothers said that the BLC was the only one that was required to operate under those laws.

Childress suggested the Arbitration Board also be included as the decisions were related to Planning and Zoning.

Sipe agreed that this should probably be so.

There was discussion about the laws surrounding the Open Records Act.

Sipe suggested that citizens ask the Chair of the Committees if they wish to attend meetings, especially if they are held in committee member’s homes.

CITIZEN COMMENTS
Charles Hardwick 770 Lakeview Lane
Hardwick said when the lake level is lowered at the dam; the level may well be much lower elsewhere and this would be an ideal opportunity to clean up any debris in the lake in front of his property. He asked for permission to burn what he removes. He said he does not want to have to drag it to the roadside.

Salter said there is provision for controlled burning with permission and suggested that the OEO was called before any burning was done to warn him.

CONGRATULATIONS TO MARILYN CHILDRESS- SALTER
Salter congratulated Childress as she was recognized recently at the Capitol as a “Pioneer Sports Woman for State of Georgia”. Childress received a round of applause. Salter said she was a credit to the City and encouraged citizens to ask Childress how she came to be recognized in such a way.

THERE BEING NO MORE BUSINESS, COHEN MOTIONED TO ADJOURN THE MEETING AT 8:52 PM. SIPE SECONDED THE MOTION AND ALL WERE IN FAVOR.

Respectfully submitted

Jackie Wall, City Clerk