Those in attendance for the Council Meeting were as follows:
Mayor: Lois Salter
Council Members:
Bernie Cohen, Debbie Guthrie, Delicia Reynolds, George Sipe and Marcie Zielazienski
City Attorney: Dick Carothers
City Clerk: Jackie Wall
Deputy City Clerk: Carol Seitz

Citizens Present- 6

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

MINUTES
Cohen motioned to approve the minutes from May 6th, 2004. Zielazienski seconded the motion. All were in favor, and the motion passed.

REPORTS
Salter said she had received reports from the Audit Committee and the Financial Affairs committee.

Sipe motioned to accept the April financial reports. Cohen seconded the motion and all were in favor. The motion passed.

MAYOR’S MESSAGE
Salter thanked Sipe for his role as Mayor Pro Tem in her absence. She said she had received many kind words and prayers and thanked everyone for them.

Salter said that Jennifer Lombardi had informed the Clerk that the BLHA magazine “Reflections” would be sent out using a mailing house, not the City bulk mail permit, so there was no need for the Communications Committee to pursue it further.

Salter announced that the next GwMA (Gwinnett Municipal Association) meeting would be in September. The City of Berkeley Lake would be hosting it.

Salter announced that there had been a burglary in Miramont. She said it was thought to have been a crime of opportunity. A car had been left unlocked, and the garage door opener was used to access the kitchen from which a wallet and laptop were stolen. She said she had been asked to remind people not to be complacent about leaving things unlocked.

OLD BUSINESS
INFRASTRUCTURE REPAIRS- ZIELAZIENSKI
Sewer Project/Resurfacing of Berkeley Lake Road:
Zielazienski said that the resurfacing of N. Berkeley Lake road should begin shortly and will be completed by the end of May.

Bayway Circle Drainage Project & Siphon Hole on embankment near spillway. Zielazienski said the drainpipe on the Spillway had been completed. She said the City engineer had pointed out that there is a danger on the mill wheel side of the road on Bayway Circle, due to the concrete slope from the road, which drops off to the discharge area of the outfall pipes. She said someone could get too close to the edge and slip during a heavy water discharge. Therefore, she had a quote from Chattahoochee Landscape to install a split rail fence for $495. She said the amount had been reviewed and approved by the Mayor.
Zielazienski said that QORE Engineering continues to work with Tom Kitchens to try to find the source of the water flow in the siphon hole on the left side of the spillway. She said that they now know that the water the runs through the hole flows into the spillway a little distance downstream, but they do not yet know where it is coming in.

184 Lakeshore Drive
Zielazienski said the engineers had completed the survey work at 184 Lakeshore Drive, and that she expects the report in the near future.

50 Lakeshore Drive/Guardrail
Zielazienski said that she still had no news on the guardrail quote for 50 Lakeshore Drive from Gwinnett County DOT.

LARP Resurfacing/Hilltop Lane to culvert area of Dalton-Downey pond
Zielazienski said she had been communicating with LARP about the resurfacing for this section of Lakeshore Drive. The State said that the contract was released on July 25, 2003. She said she was told that they was having some problems with their contractor, which were taking some time to resolve. She said she attempted to get us the amount of money allocated to the project but was told that this would be a lengthy and difficult process and that they did not think this would be any quicker than waiting until things are worked out with their paving contractor.

Zielazienski said she had received a check from Bill and Laraine Downey for part of the small settlement they had received from Ryland homes for the damage done to the retention pond during the construction phase of Miramont. She said the Downeys had offered to contribute the settlement to the City towards the project minus fees they had already paid out.

Salter said she was very grateful for all the parties that had worked together during the Dalton/Downey project: the homeowners, the City attorney, and Zielazienski in particular.

BERKELEY WALK SIGN LIGHTING
Salter described where the issue had been left at the last meeting. She said that Council had since been given the answers to their questions, that the expense was purely for running the electricity to the light fixture on the City of Berkeley Lake sign, and that it would be a one time payment of $195.

Guthrie said that she had spoken to Dave Garramone about their City of Berkeley Lake sign at River Mansions. He said that they would also be interested in doing the same thing.

Sipe motioned to allow up to $200 for each project. Zielazienski seconded the motion. All were in favor and the motion passed.

COUNTY BUSH ROAD CULVERT PROJECT- ZIELAZIENSKI
Zielazienski said that she had contacted the county about their project on Bush Road (just outside the City limits). She said it had been bid with four other projects, and they did not know which project the contractor would do first. She said the road would be closed for about 60 days but they did not know when the timeframe would be.

FOWLER MILL GIFT- REYNOLDS
Reynolds asked about the status of the gift.
Salter said that the work had begun on the mill itself. Carothers was working with Jackie Henderson, but that it should go ahead.

HENDERSON FARM DEVELOPMENT- COHEN
Cohen asked for any information about the latest developments, and whether it could go ahead this year.

Salter said that FEMA had changed the elevation of the flood plain, and that the developer, Charles Dean, had based his plans on that, but FEMA had not re-mapped it yet and were not looking to do it the near future, which was very frustrating for those involved.

There was discussion that this was beyond the control of everyone involved, and that no one could know when it will go ahead.

Carothers said that the Berkeley Lake Planning and Zoning Committee would meet Monday 24th May at City Hall with the developers, his engineer, the City engineers and himself. They would be briefing the City as to where they are with the project. He said that they are having difficulty with the flood elevations, and that despite the statistics being available, FEMA have not issued the letter of map revision. He explained other issues that are involved which involve the City ordinances and the possible need for a variance should the letter not be acquired in time. He described what was happening with the FEMA maps affects the Chattahoochee corridor as Buford dam means that there is less flooding along this section. He said he hoped that they would have more information after the meeting.

NEW BUSINESS.
CITY ASSISTANCE FUND- COHEN
Cohen said this program was put in place by the County to give money to the cities for at least the last six years. He said that the City of Berkeley Lake had received less than any City in the county so far – only $30,000. He said the smallest city, Grayson, had received $170,000 over the years. This year Berkeley Lake had received $20,833 for this year for storm water facilities. He said the money had to be matched by the City. He said would work with Zielazienski to find a project to spend it on without costing too much as it will need to come out of City reserves as all the money in the budget had been spent for Stormwater projects. He explained the money had to be spent this year.

There was general discussion about choosing a project already determined in the priority list provided by the two engineering reports that the City had commissioned. It was hoped that they might be able to decide on a project as soon as possible.

Cohen also described the closing comment made by Chairman Hill at the GwMA meeting that an extra $1 million of SPLOST money would be available to divide among the cities. He said the money would be based on population and land mass. Cohen estimated it would be $8-10,000. He said it was not matching funds but must be spent on stormwater or road projects.

SUMMER MEETING SCHEDULE CHANGE
Salter suggested that Council cut their meetings to once a month in the summer. She also described meetings necessary to set the millage rate. She said that the Finance committee would be meeting on Tuesday May 25th. She said that Council would need to meet on June 3rd as normal, and hold a public hearing and special called meeting on June 10th. Therefore Council would not have to meet on June 17th.

There was discussion about the millage rate needing to be set by Ordinance. It was suggested that Council meet on Tuesday 25th May after the Financial Affairs meeting at 8 pm at the Chapel to meet the necessary advertising deadlines.

Council decided to only hold one meeting a month for July and August. The meetings were set for the third Thursday July 15th and August 19th. However, should Council need to meet then they would meet on the first Thursday as well. The information will be available on the web site.

The GwMA meeting at Berkeley Lake will be on September 14th.

MODEL ILLICIT DISCHARGE AND ILLEGAL CONNECTION ORDINANCE- FIRST READ
Salter said that this was a formality, that the County had asked the City to accept the new Ordinance to replace the Stormwater Ordinance. She said it was posted on the web site.

Reynolds motioned to put it on first read. Cohen seconded the motion and all were in favor. The motion passed.

AUCTION HOUSE- GUTHRIE
Guthrie said that an auction house is due to open in Peachtree Lakes industrial park, just passed Berkeley Walk. She said there would be a large impact in terms of traffic and parking. She read an overview of what they had advertised including being open every other Saturday from a preview at 8 am, starting June 26th. The description included seating for 300-500, hot food and concessions. She said it is zoned M1 (light industrial) and that she had talked to the County, who said it was not permissible activity in such a zoning area. The County had suggested that the City file a formal complaint as soon as possible but that they could not send a zoning officer there until it opened. Guthrie said she had also received a flyer that day in the mail
advertising it.

Guthrie said it had the potential for creating disruption and bringing in a lot of traffic. She said she had personally checked the parking possibilities and that the whole complex only offered an estimated 250-275 spaces including service areas. She said it had the potential to flow out on to City roads. She asked that the City should take action and suggested that Carothers file a formal complaint.

There was discussion about M1 zoning which allows for wholesale and warehousing, but not retail. All the advertisements currently being sent out suggest a retail operation.

Carothers suggested that he file a complaint with the county and put them on notice that they should certify the zoning. He said he could also make contact with business too and ask them questions, so the City would have shown their concern if it were called before a judge later. He suggested that he call them first, and then send a certified letter.

Reynolds suggested that the City take the advice of the attorney.

Guthrie proposed a resolution that the City file a formal complaint to the County, and that the attorney proceed with phone calls and appropriate letters to put the County and the auction house on notice. Zielazienski seconded the resolution and all were in favor. The resolution passed.

Cohen suggested it also be included in the next newsletter to keep the citizens informed.

Zielazienski commended Guthrie on her research.

OTHER
There was general discussion again about the projects that the City Assistance fund money could be used on and choosing a project already on the City engineers’ priority list.

THERE BEING NO FURTHER BUSINESS, COHEN MOTIONED TO ADJOURN THE MEETING AT 8:25PM. SIPE SECONDED THE MOTION, AND ALL WERE IN FAVOR. THE MOTION PASSED.

Respectfully submitted by Jackie Wall, City Clerk (Correct as of May 25, 2004)