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

Citizens Present: 20

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

MINUTES
Cohen moved that the minutes of the meeting of June 10 be accepted as presented. Zielazienski seconded. Cohen, Guthrie and Zielazienski voted to approve the minutes. Reynolds abstained as she had not been at the meeting.

REPORTS
Cohen moved to accept the May and June financial reports. Guthrie seconded the motion and all were in favor.

Salter said she had received an oral report from Officer McClure. He said it had been quiet except for an accident on Lakeshore Drive by the Miramont pumping station. There had also been several trespassers reported on the Henderson property lately.

The OEO report was accepted with no comments.

MAYORS MESSAGE
Salter commended Mark Pombo, a citizen from River Mansions who has recently returned home after a year on active duty in Iraq. He was unable to attend the meeting himself due to sickness. She said our City supports and appreciates his service to our Country.

Salter announced she has appointed Liz Bradshaw from River Mansions to the Community Events Committee. She also said that she would be meeting with the Presidents or representatives of the homeowners associations on July 28th.

Salter thanked Carol Seitz and her committee: June Spruell, Kathy Strickland and Carol Benator, for all their help in planning and organizing the City July 4th celebrations. Jill Voyles was also thanked for supporting Seitz with notes and advice from the previous year’s event. Salter said there were many other volunteers whom she would publicly thank in the next Mayors message, too.

OLD BUSINESS
INFRASTRUCTURE REPAIRS- ZIELAZIENSKI
Zielazienski reported that the sinkhole in Miramont had been repaired.
Zielazienski said that she had a quote to repair the lakeside of the pond between 380-398 Lakeshore Drive (Brice/Webb) also known as the Josten/Cohen Pond. (She later said that it was listed as one of two top priority projects on a survey the County had completed for the City.) The quote was to repair the concrete wall, which is falling on the lakeside of the pond. The basic quote of $ 30,185 was from Ragsdale construction. However adding attorney’s fees for easements, tree removal and landscaping, she thought the project should come to approximately $41,666, which is double of what the City would be getting from the County’s City Assistance Fund. This work must be performed this year or the City would lose the County grant.

Zielazienski motioned that the Council approve $20,833 for the culvert repair between 380 and 398 Lakeshore Drive. $20,833 will come from the County. Cohen seconded the motion.

It was clarified that the road would not need to be closed to do the work. The work would be done mainly from the lakeside. Easements would be needed to do some work but the main work would be on the right of way. The County engineers have designed a concept plan for the project. Zielazienski described the plan. The City attorney said easements would be needed to do the work but as the work would be completed on the right of way, it would be City liability anyway.

Cohen, Guthrie, and Zielazienski were in favor of the motion. Reynolds abstained as she felt there was not enough information.

AUCTION HOUSE -CAROTHERS
Carothers said that the auction house said they would only deal with wholesalers, which was contrary to their advertising. Those attending should need a certificate for sales tax exemption if they are wholesalers. He described his discussions with the attorneys. The next auction is on July 24th. A citizen said that there were signs on street last week, which did not specify wholesale only. Guthrie offered to try to attend the next auction.

ILLICIT DISCHARGE AND ILLEGAL CONNECTION ORDINANCE CH 16.100
Zielazienski motioned for adoption of the Illicit Discharge and Illegal Connection Ordinance into section 16 of the Stormwater Management Ordinance. Reynolds seconded the motion and vote for approval of the motion was unanimous.

GREEN SPACE PLANNING
Salter described why Council had solicited opinions in the Mayors Message regarding the Proposal for Greenspace from the boy scout. The Berkeley Lake Conservancy (BLC) had studied the proposal and recommended it to the Council Council had felt the need for input from citizens and directed her to solicit that in the next Mayor’s Message mailing.

Salter said that there had been 92 responses: 80 were strongly against the proposal, 8 were supportive and 4 were for minimal work such as erosion control with restrictions. She said that the most common question was “Why are you asking?” The citizens’ wishes had been clarified in an original survey. She said that all the comments up until the last council meeting had been given to Conservancy members, and that they are now aware of lack of support for this plan from community. She said that the BLC no longer recommends the Boy Scouts plan as presented, and that their Site management plan will be presented later for the whole property. A complete copy of all citizen responses will be given to BLC and one will be left in City Hall for citizens to read as well. Copies were shown to council members during the meeting.

Pam Williamson 3996 S Berkeley Lake Rd-
Williamson said that as a member of BLC, her understanding was that they had not all originally approved the Boy Scout plan. Salter said that she had received an email that said otherwise, and that she would forward it to Williamson.

Guthrie clarified that the need for a Site management plan came from a requirement in the Agreement which the City has with GOLT. There has to be a plan to say what will or will not be done with the greenspace, and to cover things such as invasive growth of kudzu or the like. Salter agreed and she said that she thought even those people who disagreed with anything being done to the Greenspace, would agree to a plan to stop kudzu if it threatened the Greenspace. Nothing would be done until the Site Management Plan was completed and approved by Council. It is hoped that the plan would be complete by late summer.

Salter said that a Conservancy member had informed the Boy Scout of the situation so far. He was willing to wait to see if there would be a project for him in the Site Management Plan.

Jack Andreu 519 Lakeshore Drive
Andreu said there was no need even for a clean up, that there were other projects the scout could do.

OTHER BUSINESS
FINES -SALTER
Salter discussed an issue that was raised in February regarding fines and the possible need to a change in the charter. There was discussion that the State does allow us to have higher fines for above $500 per day for certain issues such as illegal earth moving or siltation problems. Carothers said the Charter could be changed by home rule amendment if necessary. Salter asked that Council take time to think about it and bring opinions to the next meeting.

Debbie Robinson 540 Lakeshore Drive
Robinson asked if fines could be increased for Littering in Greenspace, as a one-time event that was taken advantage of by some people.

Salter said she had already stopped someone who was using a Bobcat in Greenspace thanks to a phone call from former Council Member Lombardi the previous week

Ed Caldwell 189 Lakeshore Drive.
Caldwell suggested the fines should extend to at least $1000 for commercial dumping.

NEW BUSINESS
COMMENDATION OF CHARLIE SEWELL REQUESTED BY RIVER MANSIONS
Salter read an email sent to her from Dave Garramone, the president of the Mirmont Homeowners Association. “On behalf of River Mansions, I want to extend my thanks to Charlie Sewell for his assistance in resolving an issue we were having with the installation of an electric meter for our recently installed low voltage light system. Charlie made several calls to Gwinnett County and his assistance helped to resolve a couple of issues that we believe were holding up the installation of our new meter.
I was totally lost and in well over my head before asking for Charlie’s help. Please extend the thanks of River Mansions to Charlie and I would appreciate it if you would read this into the minutes of the next City Council Meeting as my schedule will not permit me to attend and thank him personally”.

APPEAL BY WAID INGHAM- 610 HILLTOP LANE. REGARDING THE USE OF A BOATHOUSE
Ingham described the situation. He said that he had bought the property in 1980, and it included the boathouse. He said that there is a built-in bunk in the boathouse and a small built-in closet. It is carpeted, has a small porch and has been used as something more than a boathouse for 25 years. The previous owner used it to go kayaking and fishing early in the morning. Ingham had guests sleep down there such as his brother, and his son slept there when guests took his own room.

Ingham said it was no secret that the boathouse had been used for other purposes. He himself had run his business from the boathouse after retirement and the City had issued him a business license to do that. Former zoning officer Stan Kelly used to play Bridge with him in there, and it has been used continually for different purposes. He said that his son was now using it. He was arrested for DUI and lost his license, and needed to stay somewhere inexpensive whilst he paid his fines etc. Ingham said he does not entirely live in the boathouse. He eats, drinks, washes and dresses in the house. He uses the boathouse to watch TV and listen to music, and he sleeps there. No one has ever accused him of loud music or parties, and neighbors said that they hardly noticed he was there.

Ingham said that much was made of possible contamination of the lake, and setting a precedent, at the Zoning meeting. He said that he did not realize that his son occasionally uses a chemical toilet, which was installed in the boathouse a long time ago. The water around the boathouse has been tested there and it has always been clean. As for setting a precedent, the zoning commission reiterated that that each case was judged on own merit, and no precedent was set.

In summary, he said that the building had been used for 25 yrs as an adjunct building, and that they are responsible residents. He questioned whether this restriction would affect other situations such as their grandchildren sleeping over, or his brother staying with them again. Ingham read the OEO’s warning letter to him and said he received it with disbelief after using the boathouse for 25 years in this way.

Charlie Sewell OEO
Sewell said that he interpreted the situation as a single family residence. He said a building permit and certificate of occupancy was issued for the home as a 2 bedroom home. As the boathouse is being used as a bedroom, it becomes a 3 bedroom property. The boathouse has had a change of use as an accessory structure from a boathouse to a bedroom, which would require a change of occupancy.

Ingham said that the boathouse was probably as old as the house as the design and materials were similar. He thought they were probably both about 35 years old.

Laraine Downey 527 Lakeshore Drive
Downey said that it was sad to think that Berkeley Lake was becoming a place where people watched your business. She said it was upsetting that the City could stop people using their own boathouse as they want to. She hoped that Council would stop the situation before everyone started peeking into each other’s back yard.

Jack Andreu 519 Lakeshore Drive
Andreu said he had lived in the community for 5 years and he loved living in such a great community. He said there were many new professional people moving in with higher incomes but there are still older homes with original residents of the lake retired here. He said that the Community needed to start to look out for the older generation. Berkeley Lake is moving into a new era, with a different type of homes. He said it was good to see the old fishing camp type homes still here. He said some people could not afford to make their homes bigger and that they were part of the character of the neighborhood. He said they took care of their homes and minded their own business. Sometimes a child needs to come back home and they have to adapt to the circumstance. He asked that some exceptions be made to help these people. He said that wildlife and children swimming in the lake cause more pollution than most. He asked that consideration be made and that the well being of the older residents be considered.

Ed Caldwell 189 Lakeshore Drive
Caldwell said it was a question as to where the homeowner’s line of personal privacy was. He said that we are entitled to have guests in our homes, especially family. He asked that the integrity, flavor and character of lake be kept as it always was.

Cohen said that many questions and comments had been made which did not pertain to the matter at hand. He said that sections cited previously do not cover the violation. He cited Chapter 23 Property Maintenance Ordinance. He quoted “Prohibited Occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes. (P10)”
He said that habitable spaces are defined as “Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.” (P4) He said there was no question that this was a violation of the code.

Cohen motioned that the Inghams’ be given 30 days to rectify the situation or that they be cited by the OEO. Zielazienski seconded.
Zielazienski said that it was unique to have such a community where neighbors can be recognized. She said trying to balance that with government was very difficult. She said when she looked at the code, she saw she was in a position where she has to make a very hard decision.

Guthrie said she also found it very difficult and that there were a lot of people that are sympathetic to the situation, however the code is very clear. She clarified that it does not apply to short-term occupancy such as visiting grandchildren. It is defined in 23-12-4 as it “shall not apply to any occupancy which has not lasted, or is not intended to last, more than one (1) week.”

Phyllis Ingham 610 Hilltop Lane
Ingham said that George Sipe said that they are not violating the code under any circumstances. She asked Bob Herb to comment.

Bob Herb 30 Lakeshore Drive
Herb said he would try to represent what Sipe would say. He read the definition of “Habitable Space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces”. He said that the main question was what is this structure? He said Cohen assumes it is a Utility structure or utility area. He said it could be argued that it was built as a sleeping structure, and it has been occupied as such.

Cohen said it was stretching the definition, that the code was very clear.

Herb said it depended on what the definition is interpreted as.
Reynolds asked if the code permits two residences on a single property. Is it a residence or not? Can a non-residence be used as a sleeping quarter? Or a bedroom?

Herb reiterated that it was still questionable as to what the structure is. He said there could be leniency based on that. It is not a big City and we should have compassion for people once in a while.

Jeff Pahl 881 Lakeshore
Pahl said hypothetically is it a bedroom or a boathouse? He asked if it is a boathouse then the code is as it is, if it is a bedroom, then is it permitted and the septic system sized for 3 bedrooms?

Ingham said that it is a has a very large septic system for that size house.

Carothers said Council would have to determine what the primary purpose of the building was. He said the Legal interpretation of boathouse is for use as boat storage. No one objects to occasional use and if someone slept in the shed with the lawnmower for example, no one will object. He said “Occasional Use” was not Permanent residency and therefore it would not violate the Property Maintenance Ordinance. He said that City attorneys and local government officials sometimes have to make hard calls, especially with extended families often moving into single family homes and violating Property ordinances. He said that you do not always set a precedent but there is always a good reason for a situation. He said similar questions will come up over and over again.

Cohen reiterated his motion. He said that the issue had been in transit for some time on emotional issues. It is still a direct violation of the Code. He said it was important to live by the Code in all the instances brought forward.

All voted in favor of the motion.

Ingram asked if his son could use the boathouse to watch TV etc but not sleep in there. He would sleep in the house. Cohen said there was no problem doing anything in the boathouse, just not using the boathouse as a bedroom.

PROPOSAL FOR PROFESSIONAL PLANNING, ENGINEERING AND INSPECTION SERVICES FOR NEW SUBDIVISION AS SUGGESTED BY P AND Z - P AND Z CHAIRMAN HERB
Herb described the proposal of services to oversee the development of the Henderson Property. He said the job was out of the purview of the OEO and Planning and Zoning Commission. He proposed that Precision Planning Incorporated would do the Professional planning, engineering and inspection services. He described the four components of their job- to technically review the preliminary plat (flat fee of $500) a technical review of stormwater management- grading and drainage (flat fee of $750), and final plat review (flat fee of $400). A total of $1650. He also recommended that the City secure an additional $1million limit of professional liability at a cost of $1000 to cover any unforeseen error on their behalf. The total would be $2650 in fixed fees. In addition Herb recommended securing their services for construction, observation and regular site visits. This would include inspections of work currently being done, so the original plat would be followed. The estimate for those services would be upwards of $4350. Herb was therefore requesting approval for up to $7000. He said that the development fees the City would be taking in would exceed that.

Carothers said that the company had been doing similar services with other cities he worked with at similar costs.

There were general questions about the services they would be doing and what the additional insurance would cover.

Cohen motioned to authorize the City via Bob Herb as its representative to enter into an agreement with PPI for up to $7000 to oversee the construction of the development of the Henderson property. Reynolds seconded the motion.

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

There were further questions about fees, the preliminary plat and stormwater issues. Carothers said that a line item about a dam breach would be on the preliminary plat, not in a deed, as all the deeds make reference to the plat and it would be up to a homeowner to know that.

Charlie Sewell- (Ordinance Enforcement Officer) asked that clear right of access be put in writing on the plat to allow the OEO into the gated community to enforce City ordinances after the development stage.

SOIL EROSION AND SEDIMENT CONTROL ORDINANCE AMENDMENT CH 34-101- ZIELAZIENSKI
Zielazienski said that in order to obtain re-certification as a local issuing authority, the city is required to amend our Soil Erosion and Sediment Control Ordinance and submit it to the Environmental Protection Division for approval. She said the current ordinance has been amended per the model ordinance recommendation. Carothers had recommended one amendment to be in line with current City ordinances- the stream buffer has been extended from the recommended 25 ft to 35 ft (Section 34-103.4 on P7).

Zielazienski motioned that the amendment be put it on first read. Cohen seconded the motion.

There was further discussion about the 35 feet and whether it would also be applied to the 35 ft. stream buffer.

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

MEETING DATES
There was discussion regarding the next meeting date. There needs to be another meeting date between August 1st and August 15th to adopt a resolution for the SPLOST intergovernmental agreement. Cohen suggested 12th August to ensure the agreement was ready by then. The City must also approve the ARC recommended floodplain management plan for the Henderson property in a public hearing, which needs to be advertised too. It was suggested that the first meeting be on August 12th, and that Council may still meet on August 19th too.

CITIZEN COMMENTS
There were no further Citizen comments.

THERE BEING NO FURTHER BUSINESS, COHEN MOTIONED TO ADJOURN THE MEETING AT 9:10 PM. ZIELAZIENSKI SECONDED THE MOTION, AND ALL WERE IN FAVOR. THE MOTION PASSED.

Respectfully submitted by Jackie Wall