CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GEORGIA 30096

PUBLIC HEARING/COUNCIL MEETING

Full Minutes for January 16th 2003

Those in attendance for the Public Hearing and Council Meeting were as follows:

Mayor – Lois Salter

Council Members: Betty Covington, Frank Lombardi, Ken Massaroni, and Delicia Reynolds

Richard Carothers – City Attorney

Claire Grimes – City Clerk

Tom Kitchens – BLEMA

Citizens Present: 15

CALL TO ORDER

Mayor Salter called the meeting to order at 6:05 PM at 4043 South Berkeley Lake Road.

PUBLIC HEARING

Mayor Salter announced that the appeal of the Variance denial by P&Z has been postponed by PIB and Associates.

County Development Regulations and Floodplain Management Ordinance and Annexation and Rezoning of Ferrier Property. There were no Citizens' Comments

CITIZENS COMMENTS

There were no Citizens' Comments.

MINUTES

Council postponed approval until the February 20th Council meeting.

FINANCIAL REPORT

Council Member Reynolds moved to accept the December Financial Report as filed. Council Member Massaroni seconded the motion and approval was unanimous.

STAFF AND COMMITTEE REPORTS

Mayor Salter announced that she has received the following reports: BLEMA, Arbitration Board, Finance Affairs, Stormwater Management, Communications, OEO and Police.

ANNOUNCEMENTS AND APPOINTMENTS

The Mayor shared an article written in the newspaper about bikers in Berkeley Lake. This has been a discussion topic with Council for some time. We have all observed bikers coming through the City much too fast and driving recklessly. We are asking the City Police to ticket bikers who break the traffic laws.

The Mayor stated that there has been a concern passed to her from a citizen about mail theft. If someone steals credit cards before you receive them or even numbers off of documents, they can steal your identity. This can be devastating and time consuming so be alert and aware.

The Mayor appointed Britt Collins to continue as the Assistant Ordinance Enforcement Officer.

Council Member Massaroni motioned to accept the Mayor's appointment of Britt Collins. Council Member Lombardi seconded the motion and approval was unanimous.

The Mayor appointed Dixie Kucera, Pam Williamson, Marcie Zielazienski, and Nick Lore to the Finance Committee.

Council Member Lombardi motioned to accept the Mayor's appointments. Council Member Massaroni seconded the motion and approval was unanimous.

The Mayor announced that Dan Maslaney (Miramont) found that he would be unable to serve on the Planning and Zoning Commission therefore she has spoken with Lisa Hoskins who has been active in our Community trying to bring Audubon recognition to our City. She has also been interested in the biker situation and has served on the Conservation Committee. The Mayor stated that she has not heard back from Lisa and that Lisa had indicated that she felt she was probably too busy to take on the P&Z at this time. She further stated that she feels other positions will be opening on the P&Z in the near future and someone needs to be appointed very soon, as there is a P&Z Hearing on January 23rd. If there is another absence they won't have a quorum, therefore the Mayor again nominated Gary Moore to the P&Z.

Council Member Covington motioned to accept the Mayors appointment. Council Member Reynolds seconded the motion.

Council Member Reynolds asked the Chairman of the P&Z George Sipe to explain why they need an appointment right away. Chairman Sipe stated that someone needs to be appointed soon so that they can have some experience because most likely one other person may need to be replaced this year and possibly two other people. "If we let this go another month there is that much experience that will be lost. The meeting on the 23rd is an important meeting and it would be a good meeting to have the new person attend." He further stated that if it was the goal of Council to have a P&Z member from Miramont that could be accomplished sometime during this year. Council Member Massaroni asked why there would be vacancies in the P&Z because the other members' term of office is not up yet. Chairman Sipe stated that some of the members might be leaving the P&Z to run for Council and others for other reasons. He further stated that it isn't as much a quorum issue as it is getting someone on board and getting the new person experienced as quickly as possible.

There was discussion about whether Lisa's unavailability was certain. There was also discussion about what night the P&Z normally meets.

The vote was two in favor of the Mayor's appointment of Gary Moore to the P&Z with Councilmen Lombardi and Massaroni abstaining.

OLD BUSINESS

Policy on use of City Logo

City Attorney Carothers explained the revised City Logo documents. There was much discussion and many questions asked.

Council Member Massaroni motioned to adopt the Resolution allowing the Mayor to enter into the Trademark and Trade Name License Agreement. Council Member Lombardi seconded the motion and approval was unanimous.

City/County Inspection Agreement & Building Permit Revision

Mayor Salter explained that due to some concerns made by citizens in having Council Member Steventon in charge of researching changes to this agreement as he is currently remodeling his home, she is redirecting the leadership of the research of this topic to Council Member Covington. Ms. Covington has consented to take on this project. She has recently rebuilt a house so she has personal knowledge going into the project without having a conflict of interest. The Mayor also asked Council to accept the City/County agreement immediately so that we can remove any concerns of the viability of the inspections by the County.

Council Member Massaroni motioned to adopt the agreement and execute it subsequent to any changes that may be incorporated. Council Member Reynolds seconded the motion and approval was unanimous.

County Development Reg's and Floodplain Mgt. Ordinance, 2nd Read

Council Member Reynolds motioned to accept the County development Reg's and Floodplain Mgt. Ordinance. Council Member Massaroni seconded the motion and approval was unanimous.

Annexation and Rezoning of the Ferrier Property

Council Member Massaroni motioned to annex the property known as the Ferrier property. Council Member Lombardi seconded the motion and approval was unanimous.

Council Member Massaroni moved the rezoning of said annexed property from M-1 in Gwinnett County to R-100 in the City of Berkeley Lake. Council Member Covington seconded the motion and approval was unanimous.

Reflections

Council Member Reynolds stated that articles for the City Government page of the Reflections are due by January 31st. There was much discussion.

Other

Claire Grimes stated that she has spoken with Waste Industries and given them the $48.00 a quarter figure for normal service and yard waste pick up every week suggested by Council; they have come down from $51.00 per quarter to $48.75 per quarter. There was much discussion.

Council Member Lombardi motioned to accept the figure of $48.75 per quarter for normal service and every week yard waste pick up. Council Member Massaroni seconded the motion and approval was unanimous.

The Mayor reported on the status of the two lawsuits of interest to the City. The billboard suit is before the Federal courts now. It has been presented to the judge in a bench trial and he has taken it under advisement and there will probably be a verdict before June. The verdict will then probably be appealed. In the legal dispute between Chris Holben and the Maltese developers who are responsible for silt getting into Chris's pond; the trial was scheduled for December; the Maltese lawyers asked for a continuance and was rescheduled for January. Chris says they will probably ask for another postponement.

The Mayor also asked Council if they felt the engineer representing the City with PIB and Associates should attend the Variance Appeal Hearing next month in order to answer any questions Council might have. Council answered in the negative.

NEW BUSINESS

2002 Budget Amendment, 1st Read

Council Member Reynolds explained that this is just housekeeping in order to make the numbers agree with the categories that we had guessed as best we could during the year. She will be meeting with the City Auditor in order to tweak the figures even more.

Council Member Reynolds motioned to place the 2002 Budget Amendment on 1st Read. Council Member Massaroni seconded the motion and approval was unanimous.

Letter Regarding the Tree Protection

Marcie Zielazienski explained the letter. Council Member Lombardi suggested putting the letter on the website in order to get a "grass roots" movement going in the City. The letters should be received by State Representatives before the end of January.

Other

Council Member Reynolds motioned to roll over for one year the two CD's that are maturing this month. Council Member Massaroni seconded the motion and approval was unanimous.

Council Member Covington motioned to approve the Mayor's appointment of Gary Moore to the Planning and Zoning Commission. Council Member Massaroni seconded the motion and approval was unanimous.

CITIZEN COMMENTS

The following made citizens' comments:

Tom Kitchens 150 Bayway Circle – Mr. Kitchens asked if the job description for the City Manager position has been added to the City website as was discussed at the last Council meeting.

Jay Davis 146 Lakeshore Drive – Mr. Davis asked questions about the annexation of the Ferrier property. He also asked many questions about placing of the City greenspace into a Land Trust. The Mayor explained that one of the things the City is investigating is the possibility of granting an easement on that property to a Land Trust organization. The organization that is being considered is the Gwinnett Open Land Trust. "We are inviting the head of that organization and the citizens' committee, which has been meeting for over a year investigating all of the possibilities for a Land Trust to the next Council meeting. Nothing will be done with a Land Trust until Council has had a public meeting and mailed letters to all citizens. The City is not giving the property away. The Chairperson of the committee is Rodney Hammond and others on the committee are Jack Reynolds, Julie Stewart, Pam Williamson, Chuck Wilkinson and Susan Hanson."

THERE BEING NO FURTHER NEW BUSINESS, COUNCIL MEMBER REYNOLDS MOTIONED TO ADJOURN INTO EXECUTIVE SESSION IN ORDER TO DISCUSS PERSONNEL ISSUES. COUNCIL MEMBER MASSARONI SECONDED THE MOTION. THE REGULAR COUNCIL MEETING WAS ADJOURNED AT 7 PM.

AFTER EXECUTIVE SESSION, THERE WERE TWO CITIZENS PRESENT. THERE BEING NO FURTHER NEW BUSINESS COUNCIL MEMBER LOMBARDI MOTIONED TO ADJOURN AND COUNCIL MEMBER MASSARONI SECONDED THE MOTION. APPROVAL WAS UNANIMOUS.

Respectfully,

Claire Grimes

City Clerk