November 2009

OFFICIAL MINUTES OF THE OXFORD MAYOR AND COUNCIL MEETING

MONDAY, NOVEMBER 2, 2009 – 7:30 P.M.

COMMUNITY CENTER, OXFORD, NEWTON, GEORGIA

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

OTHERS PRESENT:  DISTRICT 17 STATE SENATOR, JOHN DOUGLAS; DAVID STRICKLAND, CITY ATTORNEY; DAVID EADY, CHAIRMAN, PLANNING COMMISSION; CLARK R. MILLER, POLICE CHIEF; LAURAN S. WILLIS, DEPUTY CLERK; JODY A. REID, SR., SUPERVISOR UTILITIES/PUBLIC WORKS; CLAUDE AND EVA SITTON; THOMAS TURNER; VIRGIL EADY, JR.; PAT WOMACK; SUE DALE; AND DR. LEROY M.(MONTY) WILLSON

The November meeting was called to order by the Honorable Jerry Roseberry, and the invocation was given by Councilmember Oliver.

Pledge of Allegiance

A motion was made by Oliver, seconded by Davis, for the approval of the Agenda of November 2, 2009.  The Council vote unanimous.

A motion was made by Smith, seconded by Holt, for the approval of the Minutes of the October 5, 2009 Mayor and Council Meeting.  The Council vote unanimous.

A motion was made by Holt, seconded by Smith, for the approval of the Minutes of the Special Called Meeting of October 22, 2009.  The Council vote unanimous.

A motion was made by Oliver, seconded by Patterson, to accept the Planning Commission Minutes of September 8, 2009.  The Council vote unanimous.

SENATOR JOHN DOUGLAS

Douglas announced that the Senate has held their first meeting prior to the 2010 session.  The topics on the 2010 agenda include budgets, water issues, and transportation needs.  Douglas further stated, due to the current recession, the 2009 anticipated budget of twenty and one-half billion dollars fell short by four billion dollars.  The state has initialized furloughs and closed crime labs in order to reduce budget deficits.  The Senate will also be in discussion of alternative water sources for potable water. Gwinnett and Forsyth counties are hurting the most.  Douglas reported that Newton County water system is in good shape.  A new S.P.L.O.S.T referendum may be introduced on the 2010 local and state ballots for transportation needs.

PLANNING COMMISSION RECOMMENDATIONS/PETITIONS

Hoyt Oliver-Liaison

Oliver informed the Council that four of the Planning Commission members had attended the Community Planning Institute sponsored by the Georgia Department of Community Affairs this month.  The planning session was held at The Center in Covington.

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Planning Commission continued:

Oliver reported Pat Womack, 215 Haygood Avenue, had submitted an application for a developmental permit for the construction of a 30’ x 45’ auxiliary building. Oliver also reported that an omission of the 20’ x 20’ requirements had been left out of R-15 and R-20 zoning regulations print. Northeast Georgia Regional Development Center is in the process of correcting the omission.   Womack’s request did not meet the 20’ x 20’ zoning requirements for a storage building and was not approved by the Planning Commission at their last meeting.

Pat Womack, 215 Haygood Avenue

Womack addressed the board and explained that his family was growing and the need for the use of the basement area for bedrooms requires additional location for storage of cars, lawn equipment, Christmas, hunting supplies, bicycles, motorized cars, and a work vehicle.

David Eady, Planning Chair, stated Womack has a large size lot with ample set backs.

Oliver stated Womack’s request is to serve several purposes as outlined in the zoning ordinances under accessory uses, item 1, 2, and 3.  Womack was asked to revise his application and take it back to the Planning Commission for re-consideration.

SUE DALE-GRANT WRITING

Dale informed the Council she had attended a federal grant workshop, sponsored by Senators Johnny Isakson and Saxby Chambliss in Savannah.  Dale will be looking at the National Treasures grant for possible funding.  Dale learned the procedures for writing federal grants like HUD and made significant contacts for future resources.

Dale gave a report on the progress of the city’s Georgia Environmental Facilities Authority grant application for expansion of the sanitary sewer system into the Oxford North Road sub-division.  Arlene, with GEFA has earmarked $63,000.00 for the project and will continue to work towards obtaining the full $100,000.00 requested.

GENERAL

Finance Committee meeting scheduled for 9:00 a.m. Monday at city hall.

Work Session scheduled for Monday, November 16^th at 6:00 p.m.

Reminder Tuesday is Election Day for the city.

A motion was made by Holt, seconded by Windham, authorizing the City Clerk to announce  November 16, 2009 -6:00 p.m. as the date for a Public Hearing on the  1^st reading of the 2009 Budget Amendments.  The Council vote unanimous.                                                               

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Budget Hearings continued:

A motion was made by Holt, authorizing the City Clerk to announce November 16, 2009-6:00 p.m. as the date for a Public Hearing on the 1^st reading of the Proposed 2010 Budget. Discussion followed for additional time for review of the 2010 budget before a public hearing is scheduled.  A motion was then made by Holt, seconded by Oliver,  to retract the first motions and then to set the Public Hearing date for Monday, November 23, 2009, at 6:00 p.m. for both budget readings.  The Council vote unanimous.

City Hall Financing

Holt reminded the Council that earlier the city had intended to finance $800,000.00 on the estimated 1.2 millions dollar city hall building and pay the difference out of fund balance.  The final drawings were approved at 1.6 million dollars.  The city decided then to finance 1 million dollars and the remaining from fund balance.  It was discovered that the Georgia law permits municipalities to lease or purchase properties with an annual debt service payment not to exceed 7.5% of the governmental operating revenues.  The city’s governmental revenues are not sufficient enough to finance 1 million dollars.  Under those circumstances, the city can only finance up to $600,000.00.  The remaining 1 million dollars will have to come from cash reserves.  Holt then made a motion to enter into a financial arrangement of $600,000.00 for the new city hall/community center building, and pay the remaining balance from cash reserves.  The motion was seconded by Windham.  The Council vote unanimous.

ORDINANCE

2^nd Reading-Chapter 3:  Article IV:  Section 3-404:  Duties of the City Clerk

A motion was made by Oliver, seconded by Holt, for the adoption of amendments to City of Oxford Code of Ordinance Chapter 3:  Article IV:  Section 3-404:  Duties of the City Clerk to be effective date of passage.  The Council vote unanimous.                                                                                                        Attachment A

LAND USE AND DEVELOPMENT

David Eady, Chairman Planning Commission

Eady presented the names for consideration of the three (3) recommended firms in assisting the city with revisions to the land use and development ordinances.  The proposed revisions would achieve goals to articulate the ordinances with significant changes to a more form based zoning.  The firms were named as:

1. Northeast Georgia Regional Commission- $33,204.28(+ final fee for integrating LEED/green building and neighborhood development standards)Lee Carmon labor hours could be off-set with up to $10,000 state money for technical assistance
2. Robert and Company-two phases 1) $27,710.00; 2)$20,140.00
3. Market & Main –two phases 1) $27,500.00; 2) $47,500.00

Mayor Roseberry stated he was not clear as to whether the full Planning Commission had reviewed the proposals and made a recommendation as a group.  Roseberry recommended the proposals go back to the Planning Commission for a full review and recommendation before the Council is to take any action.  A motion was made by Windham, seconded by Smith, to send the proposals back to the Planning Commission for a full review.  The Council vote five (5) yes, with Oliver casting one (1) no vote.  The motion carried.

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SPECIAL CALLED MEETING

A motion was made by Oliver, seconded by Windham, to also set Monday, November 16, 2009 as a Special Called Meeting along with the work session for the purposes of addressing the following:

1. 1.       The hiring of a Planning Firm to assist with revisions to the land use and development ordinances.
2. 2.       Proposals for inspections for the new City Hall/Community Center Building
3. 3.       Developmental Permit for Pat Womack-215 Haygood Avenue.

The Council vote unanimous.

STREETS

Davis announced the utilities crew has completed installation of a new storm drain pipe at the intersection of Asbury and West Watson Streets.  Davis added that the employees did a good job.

UTILITIES/PUBLIC WORKS

Sandersville Agreement for Excess Reserve Capacity

A motion was made by Smith, seconded by Holt, authorizing the executive of a MEAG Agreement for the sale of excess reserve capacity from the City of Sandersville to the City of Oxford for year 2010 at a cost of $23.79 per KW-year.  The Council vote unanimous.                                                             Attachment B

Power Line Tree Trimming

A motion was made by Smith, seconded by Davis, to accept Townsend Tree Service as part of the Municipal Electric Authority’s contract to provide power line tree trimming services for the year 2009 at a cost of $90.14 per hour not to exceed the $25,000.00  budgeted for the year.  The Council vote five (5) with Oliver stating he was abstaining unless the contractor was provided a copy of the tree ordinance and they complied with it.  The motion carried.

MEAG-(E-Prism Service)

 A motion was made by Smith, seconded by Oliver, to continue the services of MEAG for E-Prism (amp reading and controls of sub-station via internet).  The Council vote unanimous.

Utility Rate Structure

A motion was made by Smith, seconded by Windham, to adopt the revised electric rate structure prepared by the Municipal Electric Authority of Georgia as a result of the city’s cost of service study to become effective with the bills rendered for the month of January 2010.  The Council vote unanimous.

                                                                                                                                                                                Attachment C

CITY HALL/COMMUNITY CENTER BUILDING

Windham informed the Council the contract with Garrard Construction Company was executed today with a time frame for completion of 270 days.

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City Hall/Community Center continued:

Brick Color

A motion was made by Smith, seconded by Windham, to approve the Boral Brick #5 on the display (L200-232 Woodmold with Holcim light buff mortar) for the new city hall/community center building.  The Council vote four (4) yes with Patterson casting one (1) no vote.  The motion carried.                                                                                                                                                                                                 Attachment D   

Roof Color

A motion was made by Windham, seconded by Smith, to approve metal antique bronze for the new city hall/community center roof color.  The Council vote four (4) yes, with Patterson casting one (1) no vote.  The motion carried.

TREE BOARD

Connie Head-Arborist

Mayor Roseberry reported he had met with Stacy Bell McQuaide, Chairperson for the Oxford Tree Board, to reach a consensus method with the Tree Board and the Utilities Committee in order to proceed with power line tree trimming needs.  It was suggested, by McQuaide, to contract with Arborist Connie Head to meet one day a week with the contractor trimming the trees to examine and discuss the trees to be pruned.  While on site, Ms. Head would also begin assessment and inventory of hazardous trees for removal. Head would further re-inventory, utilizing the GIS mapping system, any maintenance needs of existing trees along with inventory of newly planted trees. Head’s fee would be billed at $75.00 per hour.  A motion was made by Windham to contract with Arborist Connie Head for  times specified by the Mayor and Council for a one year period at an hourly rate of $75.00.   The motion was seconded by Davis.  The Council vote four (4) yes, with Smith casting one (1) no vote.  The motion carried.                                                                                                                                                                     Attachment E

PERSONNEL

Temporary Hire

Councilman Windham asked how much longer the city would be using the temporary hire for grass cutting.  Supervisor Reid informed the Mayor and Council that employees Archie Ballard and David Dennis would soon be out on sick leave for four to six weeks for surgeries.  No action was taken.

INVOICE APPROVAL

Routine Monthly Bills Paid

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Invoices continued:

Purchases/Contract Labor

Approved Contracts

A motion was made by Holt, seconded by Davis, for approval of invoices.  The Council vote unanimous.

There being no further business or discussion, the meeting was adjourned.

Respectfully submitted,

Carol A. Poole

City Clerk/CMC

Attachment A:  Ordinance-Chapter 3: Article IV: Section 3-404: Duties of City Clerk

Attachment B:   MEAG-City of Sandersville agreement for the sale of excess reserve capacity

Attachment C:   Utility Rate Structure (Effective Date January 2010 billing)

Attachment D:  City Hall/Community Center Brick Color

Attachment E:   Arborist Connie Head Agreement