May 2009

OFFICIAL MINUTES OF THE CITY OF OXFORD MAYOR AND COUNCIL MEETING
MONDAY, MAY 4, 2009 – 7:30 P.M.
COMMUNITY CENTER, OXFORD, NEWTON, GEORGIA

MEMBERS PRESENT:  JERRY D. ROSEBERRY, MAYOR; JAMES H. WINDHAM, JR., MAYOR PRO-TEM;  COUNCIL MEMBERS-EMMA LOU PATTERSON; GEORGE R. HOLT; HOYT P. OLIVER; TERRY A. SMITH; AND FRANK J. DAVIS

OTHERS PRESENT: JOHN DOUGLAS, 17TH DISTRICT STATE SENATOR; C. DAVID STRICKLAND, CITY ATTORNEY;  CLARK R. MILLER, POLICE CHIEF; CHARLES F. HUBBARD, POLICE OFFICER;  LAURAN S. WILLIS, DEPUTY CLERK; JODY A. REID, SR., SUPERVISOR UTILITIES/PUBLIC WORKS; CLAUDE AND EVA SITTON;  JOHN P. GODFREY, JR.; AND LATRELLE OLIVER

The May meeting was called to order by the Honorable Jerry D. Roseberry, Mayor, and invocation given by Council member Hoyt P. Oliver.

Pledge of Allegiance

A motion was made by Oliver, seconded by Holt, to approve the May 4, 2009 Agenda  to include the addendum.  The Council vote unanimous.

A motion was made by Holt, seconded by Windham, to approve the Minutes of the April 6, 2009 Mayor and Council Meeting.  The Council vote unanimous.

A motion was made by Oliver, seconded by Holt, to accept the March 10, 2009 Planning Commission Minutes.  The Council vote unanimous.

PLANNING COMMISSION RECOMMENDATIONS/PETITIONS

Hoyt Oliver-Liaison
Oliver reported that the main order of business, at the April Planning Commission meeting was a request from Johnny Hutchinson, 1105 Hull Street, to construct a church on the western extension of West Soule Street and west of Hull Street.  The proposed construction area is currently located on an unofficial street.  Hutchinson was told that churches are permissible in residential zoning, but must be on an open street.    Hutchinson was advised to first seek the necessary requirements to begin.

SENATOR JOHN DOUGLAS-17TH DISTRICT

Douglas reported the general session ended with a balanced budget without having to raise taxes.

Mayor Roseberry thanked Douglas for his assistance in the Moore Street widening project.

Windham asked Douglas if he would follow-up on a request made to the Georgia Department of Transportation to re-route traffic onto Stone Road and Highway 142 to help calm some of the traffic along Highway 81 passing through Oxford.   Douglas will check to see if any decision has been reached to date.

MAYOR &. COUNCIL
MAY 4, 2009
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CITIZEN PARTICIPATION

LaTrelle Oliver-312 West Clark Street
LaTrelle Oliver respectfully request  community service workers be scheduled on a regular basis to pick up trash along West Clark, West Soule, Moore, and Stone Streets.

Mayor Roseberry announced the city would be utilizing summer help at no cost to the city this year.

Chief Miller reported the city has several weeks of community services workers to begin scheduling.

Councilman Oliver added that the Great American Clean-Up project did not have enough volunteers to pick-up litter on all the streets.

NEW POLICE OFFICER-HUBBARD
Chief Miller introduced Charles Hubbard as the newly hired police officer.  Hubbard formerly worked for the cities of Monroe and Pine Lake.  He also assisted with grant programs in Macon.  Hubbard served as a community oriented officer and in anti-school gang and drug discussions in both elementary and middle schools.

MAYOR’S REPORT

              •              The May work session was set for Monday, May 18th beginning at 6:00 p.m.
              •              The Mayor mailed letters to U.S. House of Representative Jim Marshall, Washington D.C., requesting possible grant funding to construct sidewalks along Emory and Moore Streets.
              •              Local Option Sales Tax revenue received, year to date, is down 16.6% from a year ago.
              •              Newton County is awaiting state approval before sending property tax digest information out.

FINANCE

Councilman Holt informed the members that the Finance Committee directed the City Clerk to reinvest public funds in the following manner:

              •              Sinking Fund #5 (Water/Sewer) money market account at Bank of North Georgia, in the amount of $546,753.87, was closed out.
              •              A twelve (12) month Certificate of Deposit was opened at Newton Federal in the amount of $100,000.00 with an interest rate of 2.08%.
              •              A check was written from the Operating Account at BB&T in the amount of $1,228,731.13.
              •              A twelve (12) month Certificate of Deposit was opened at UnitedBank in the amount of $1,000,000.00 with an interest rate of 1.59%.
              •              A six (6) month Certificate of Deposit was opened at UnitedBank in the amount of $375,485.00 with an interest rate of 1.35%.
              •              A Commercial Reserve Account was opened at UnitedBank in the amount of $250,000.00 with an annual percentage yield of 1.50%.
              •              And, a Reserve Checking Account was opened at UnitedBank in the amount of $50,000.00.

MAYOR &. COUNCIL
MAY 4, 2009
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PUBLIC SAFETY

Failure to Appear
A motion was made by Patterson, seconded by Holt, to approve an order for Oxford’s Municipal Court Judge Steven A. Hathorn to sign authorizing the increase of failure to appear charge from $40.00 to $100.00.  The Council vote unanimous.

Courtware Solutions Non-Exclusive License Agreement
A motion was made by Patterson, seconded by Oliver, to adopt amendments to the Non-Exclusive License Agreement with Courtware Solutions to include a $5.00 records management fee to be added to the offenders fine(s).  The Council vote unanimous.

CEMETERY

Pavers
A motion was made by Patterson, seconded by Windham, to contract with Jim Williams, Designed Installations, to install a 4’ X 30’ walkway with removable pavers starting at the newly paved road in the cemetery north to the monument in the northeastern section.  The cost- $1,980.00.    The Council vote unanimous.

ORDINANCES

Non-Licensed Sales-2nd Reading
A motion was made by Oliver, seconded by Windham, to adopt a resolution to amend Code of Ordinance Section 32-106, Non-licensed Sales, to include regulations for operation of a Farmers’ Market on city owned property.  The Council vote unanimous.
                                                                                                                Attachment A

Occupation Tax Ordinance-2nd Reading
A motion was made by Oliver, seconded by Patterson, to adopt a resolution to amend Code of Ordinance Section 4-115, Occupation Tax Ordinance, 2. F-K.  The amendments duplicate the home occupation ordinances currently in the zoning.  The amendments will also provide a provision for peddlers.  Any and all non-profit organizations will follow the guidelines set out by the Georgia Code.  The Council vote unanimous.
                                                                                                                Attachment B

Identity Theft Prevention Program-1st Reading
Oliver presented the 1st reading of a new ordinance entitled “Identity Theft Prevention Program” to comply with federal regulations relating to address discrepancies; to comply with federal regulations relating to red flags and identity theft; to provide for codification; to provide for severability; to provide for an adoption date; to provide an effective date; and for other purposed allowed by law.  The ordinance would allow guidelines for handling city records under state privacy laws.

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MAY 4, 2009
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Ordinances continued:

Designated Stop Streets-1st Reading
Davis presented the 1st reading of amendments to Chapter 11, Traffic Control, Section 11-108:  Designated Stop Streets.  The amendments include the additions of Haygood Avenue where it intersects with Stone Street and Pierce Street where it intersects with Haygood Avenue.

Designated One-Way Streets-1st Reading
Davis further presented amendments to Chapter 11 Traffic Control, Section 11-107:  Designated One-Way Streets.  The amendments would eliminate the designation of Moore Street as being a one-way street.

CITIZENS OF THE YEAR AWARD
A motion was made by Davis, seconded by Patterson, to nominate Thomas Turner as the 2009 Citizen of the Year.  Davis added that Turner would not be in town on July 4th and recommended the city allow his daughter Teresa Eady and Turner’s grandchildren to ride in his honor.  The Council vote unanimous.

UTILITIES/PUBLIC WORKS

Community Development Block Grant Stimulus Program
Resolution
A motion was made by Smith, seconded by Windham, to adopt a resolution in support of an application for the 2009 CDBG Stimulus Program.  The Council vote unanimous. This application would be a follow-up to 2008 request of CDBG funds to replace 15,500 linear feet of transite water distribution lines in the city.
                                                                                                                Attachment C

A motion followed by Smith, and seconded by Oliver, to apply for the 2009 CDBG Stimulus Program.  The Council vote unanimous.

A motion was made by Smith, seconded by Holt, to approve the $1,500.00 administrative cost for Allen-Smith Consultants to prepare updates to the 2009 CDBG project application.  The Council vote unanimous.

A final motion was made by Smith, and seconded by Oliver, to enter into an agreement with Alcovy Surveying & Engineering, Inc. to prepare the engineering design for the city’s proposed waterline replacement 2009 CDBG project in order to apply for the available stimulus funds.  The Council vote unanimous.

PERSONNEL

Troy Womack received his Groundman Certification through Distribution Services on April 10, 2009.
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MAY 4, 2009
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INVOICES

Routine Monthly Bills Paid

Purchases/Contract Labor

Approved Contracts

A motion was made by Smith, seconded by Oliver, for approval.  The Council vote unanimous.
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MAY 4, 2009
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Invoices continued:

Mayor Roseberry informed the Council that he has prepared and mailed a letter to Dean Bowen, Oxford College, advising him of the necessary change order on the Moore Street paving project created by uneven elevation levels of recently poured driveways into the college dormitory.


LANDSCAPE DESIGNER

A motion was made by Windham, seconded by Davis, to contract with a Newton County Landscape Designer to assist Oxford with landscape designing needs for a maximum of up to two (2) days per month. Windham added that the Designer could work with Sue Dale in search of grant funding; assist in design of the George Street Park needs; and design of the landscaping along Highway 81 at the Maintenance Facility.  Windham said he has instructed Jody to set up an area with a work table upstairs in the maintenance facility for her use.

Mayor Roseberry asked why she could not use the community center, since there was no heat
or air conditioning in the upstairs of the facility.

Councilman Holt said he had a problem with hiring someone without knowing how much the city would be paying for their services and also, not knowing exactly what they would be doing.

Further questions followed from Council members and citizens:

              •              Shouldn’t the city have an intergovernmental agreement with Newton County?
              •              Should the contract just be written from week to week or project to project?
              •              Who would this person be reporting and accountable to?

Windham stated she would report directly to him.

              •              Shouldn’t the city know what projects she would be working on prior to hiring?

Councilman Holt reiterated that he preferred contracting on a project by project basis and not on a permanent one.

Mayor Roseberry suggested the grounds committee prepare a work order for work to be done by the landscape person and the City Clerk and City Utility Supervisor will coordinate with that person.  The City Clerk will keep records of the time worked by the landscape person.

Windham amended his motion to move forward with contracting with the county Landscape Designer to use on a project by project basis.  The motion was seconded by Smith.  The Council vote unanimous.




MAYOR &. COUNCIL
MAY 4, 2009
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SIDEWALK GRANT REQUEST

A motion was made by Windham, seconded by Davis, to give the city’s official stamp on the Mayor’s request for grant funding sent to U.S. House of Representative Jim Marshall, Washington D.C. for the installation of sidewalks along Emory Street from Palmer Stone School, north to the city limits, and from the Moore Street walking trail east to Emory Street. 

Sidewalk Grant Request continued:

Councilman Holt questioned why the sidewalk was not being extended to the city limits to the west of the walking trail to accommodate the residents in other areas?  Holt further stated that he would not vote for the motion unless it included the area to the west.

The Council vote five (5) yes, with Holt casting one (1) no vote.  The motion carried.

Mayor Roseberry said the purpose of the grant funding is to encourage students to walk to school and the application focused on Palmer Stone students and Oxford College students.  It is not intended to exclude anyone. 

J.P. Godfrey asked if the state had given permission to install the sidewalk on the state right of way.

Windham made a second motion to state that if the grant funding is received the city would engineer the extension of the sidewalk along Moore Street to the western city limits.  The Council vote was unanimous.

CITY HALL BUILDING

Bid documents are requested by June 18th deadline with a formal vote of the Council tentatively scheduled for July.

Councilman Smith questioned the legal wording of the bid letter.

There being no further business, the meeting was adjourned at 9:00 p.m.

Respectfully submitted,


Carol A. Poole
City Clerk, CMC

Attachment A:              Non-Licensed Sales Ordinance
Attachment B:              Occupation Tax Ordinance

Attachment C:  Resolution CDBG-Stimulus Project