Those in attendance for the Council Meeting were as follows:
Mayor: Lois Salter
Council Members:
Bernie Cohen, Debbie Guthrie, George Sipe and Marcie Zielazienski

Citizens Present- 3

CALL TO ORDER
Salter opened the Public Hearing on the tax millage rate at 7:00 PM at 4043 South Berkeley Lake Road.

MILLAGE RATE PUBLIC HEARING
Mayor Salter described to citizens and council how this hearing had been advertised as required by law, and invited citizen comments. There were none.

At 7:30 PM Mayor Salter announced that the Public Hearing on the millage rate would continue. Citizen comments were again invited. With no comments forthcoming, Mayor Salter closed the public hearing and called the council meeting to order.

Minutes
Cohen moved that the minutes of both of the meetings of June 3 be accepted as presented. Guthrie seconded. Council approved unanimously.

Reports
The Mayor announced that she has received a Police Report, a Berkeley Lake Conservancy Committee report, an Ordinance Committee report, and an Arbitration Board report. Mayor Salter submitted copies of committee reports to each councilmember and to citizens present. (Copies are attached to these minutes.)

Berkeley Lake Conservancy: Barbara Brice, a member of the Berkeley Lake Conservancy who was present, was asked if she had any comments or questions regarding any of the Conservancy issues. She asked the city attorney, Dick Carothers, for a time line for the inclusion of the Ferrier property into the Gwinnett Open Land Trust (GOLT).

Carothers informed that the paperwork is ready. He has been in touch with Connie Gilliam of the State Greenspace Program, and she has indicated that their organization is fine with a conveyance of the entire Ferrier property to GOLT. Their main concern is that the property be protected as greenspace, and they are aware that GOLT offers an even higher level of protection than the land would be afforded under the State Greenspace Program rules alone.

Cohen asked Brice who would be involved with the Conservancy in preparing the site management plan. She informed that it would be Dale Higdon, Lead Forester with the Georgia Forestry Service and/or Jim Harrison, who is an expert on invasives and exotics and who would be a great source of information in regards to dealing with the kudzu that is threatening the Ferrier property. She further informed that the Conservancy desires to have a site management plan completed by fall.

Mayor Salter has received several comments from citizens on the use of the greenspace. Fourteen of those received to date urge that the greenspace be left alone as a nature preserve. Three citizens offered comments that support the type of improvements being suggested in the boy scout’s plan while another citizen suggested that the boy scouts should be allowed to remove noxious plants only. A July 8 deadline for the receipt of comments was given in the Mayor’s Newsletter, so it is expected that more will be received. The Mayor made available to council members copies of all comments received thus far and gave a copy of all comments to Brice to share with Conservancy members.

Brice said that Chuck Wilkinson, a member of the Conservancy, has contacted the Boy Scout, Greg Roberts, to explain that nothing will be decided until the site management plan is complete this fall and if that is not in line with his time frame, that he may need to pick something else for his Eagle Scout project. Apparently, he has two years to complete a project, so Wilkinson reported that, “There is time and interest in helping out if an acceptable project scope can be developed and approved by City Council.”

Tom Weber, 357 Lakeshore Drive, asked ultimately how a decision would be made regarding the greenspace. Sipe informed him that the Berkeley Lake Conservancy would be making a recommendation to the City Council for their consideration when they have a site management plan completed, and Council would make the final decision.

Ordinance Committee: The Ordinance Committee is moving forward to define their role and to set a course of action. Already, their input has been beneficial in the verbiage of ordinances currently before Council.

Arbitration Board: Some discussion ensued about what issues could be arbitrated and what issues should come before the Planning & Zoning Commission, the Municipal Court judge or the City Council. Sipe suggested that anything in the City Code could potentially be arbitrated other than zoning issues and that it would be beneficial for the City Council to give clear guidance to the Arbitration Board in the matter as they develop their process.

Mayor Salter commented that the Chairman of this committee has spoken with her about this issue. Understands that the concern some members have is the perception that zoning issues are huge and everything else is tiny.

Further debate ensued as to how penalties could be set and how a decision of the Arbitration Board could be binding. Sipe pointed out that zoning matters, to include such things as variance decisions made by the Planning & Zoning, are not candidates for arbitration. Matters to do with zoning violations should go before a judge where the latitude of penalties can be determined by the judge at the hearing, based on all aspects of the case and how it is unfolding before them. Among other issues, this latitude would be taken away if such matters were handled by binding arbitration.

Sipe asked for a consensus of Council. There was a majority opinion (Cohen, Guthrie, and Sipe) that the Arbitration Board should not hear cases involving zoning. Council Member Zielazienski abstained.
Sipe also asked City Attorney Carothers for an opinion on zoning matters before the Arbitration Board. His advice was against it.
Mayor Salter suggested that Sipe go back through the Court records and see which cases could have gone before an Arbitration Board. He felt that was a good idea and will do so prior to the next meeting of the Arbitration Board.

MAYORS MESSAGE
Mayor Salter informed that she received two calls about the paving that was going on today on N. Berkeley Lake Road. This activity was backing up traffic into the traveling lanes of Peachtree Industrial Blvd., causing a hazard. This was reported to the Gwinnett County DOT and while Mayor Salter was on the phone with them, they got on the phone with the contractor. It appeared that the problem was resolved immediately.

For the record, Mayor Salter informed that if some error happens this week or the next on behalf of the city clerk, it would not be the fault of Jackie Wall or Carol Seitz. As mayor, she made an administrative decision to fill in for them during the time of their vacations that had been independently planned before Carol was hired. The basis for the decision was to save the City money and to take this opportunity to be involved at City Hall and to interact with the citizens on the issues that are relevant to the employees’ positions.

OLD BUSINESS

Auction House
Guthrie reported that a resident was able to make reservations for the Auction House and that they were not qualified by the Auction House as being a wholesaler. It did not seem difficult to reserve seats.

Carothers reviewed a letter from their attorney that basically said they didn’t feel they were in any violation and if they don’t hear anything else from us, will assume all is well. He has responded that the concerns outlined in his initial letter still stand.

Infrastructure Repairs
Zielazienski reported that the paving of most of South Berkeley Lake in the area of the sewer project has been completed. From the beginning of the intersection on toward and past the front of the Chapel and the area of the sewer along Bush Road has not been resurfaced. This is because the project to construct sidewalks in front of the Chapel and the corresponding intersection improvements at S. Berkeley Lake Road and Bush Road is to begin very soon. A resurfacing of this area will be accomplished once the work is done.

Regards the resurfacing of Bayway Circle, Zielazienski found out from the contractor on Friday, when the paving contractor was on site, that there was a small section of Bayway Circle that was not going to be resurfaced as part of the sewer project. The contractor explained that this happened because the sewer line on Bayway was not extended all the way around but instead the last lateral was dug straight across from the property on Bayway Circle to the sewer line that was in S. Berkeley Lake Road.

Bayway Circle was only going to be resurfaced to the last manhole and then was going to be resurfaced over the area of the lateral cut. This presented a problem, as leaving a small strip of road patched and without resurfacing would mean that in the future, the repair and resurfacing needs on this street would have been out-of-sync.

The contractor was willing to give the City a very good price ($1,500) to do the additional work as he was already on site with his crew, but the decision had to be made before noon that day, when they planned on having all the other work completed. Zielazienski contacted Mayor Salter, who then began calling other Council Members to seek their direction and input. When she obtained a majority approval, Mayor Salter approved the additional resurfacing in the amount of $1,500, and it has been completed.

Illicit Discharge and Illegal Connection Ordinance
Sipe motioned for second read of the Illicit Discharge and Illegal Connection Ordinance but not to adopt at this time. Zielazienski seconded and vote for approval of the motion was unanimous.

Millage Rate
Mayor Salter reviewed that the City has now held the required three (3) public hearings. Cohen motioned for approval of the millage rate ordinance, which continues our millage rate at 4.35 for another year. Guthrie seconded and vote for approval of the motion was unanimous.

NEW BUSINESS

Greenspace Planning
Sipe reported that the work that the Berkeley Lake Conservancy has done is excellent. He named several items that they have addressed, which items would include some concerns regarding the Ferrier property.

City Attorney Carothers requested that the Council authorize him to prepare and the Mayor to execute a Conservation Easement to the Gwinnett Open Land Trust, with a conveyance of an easement on the entire Ferrier property, which would be in the same form as the existing Easement to GOLT, and to authorize the amendment of the contract with GOLT to reflect the additional property. Council Member Sipe moved to approve and authorize said actions, which was seconded by Cohen. Approval for the motion was unanimous.

CITIZEN COMMENTS
The Mayor solicited any additional comments from citizens present. There were none.

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

Respectfully submitted by Marcie E. Zielazienski (Correct as of July 9, 2004).
One section reviewed by Jackie Wall- Correct as of July 12th