October 2009

OFFICIAL MINUTES OF THE OXFORD MAYOR AND COUNCIL MEETING
MONDAY, OCTOBER 5, 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:  C. DAVID STRICKLAND, CITY ATTORNEY; CLARK R. MILLER, POLICE CHIEF; LAURAN S. WILLIS, DEPUTY CLERK; JODY A. REID, SR., SUPERVISOR UTILITIES/PUBLIC WORKS; CITIZENS:  JOHN P. GODFREY, JR.;  SUE DALE; THOMAS TURNER; LATRELLE OLIVER; ERIK OLIVER;  AND CLAUDE AND EVA SITTON

The October meeting was called to order by the Honorable Jerry Roseberry, Mayor, and invocation given be Councilman Hoyt Oliver.

Pledge of Allegiance

A motion was made by Windham, seconded by Smith, for the approval of the October 5, 2009 Agenda to include an addendum allowing for an invoice from David Strickland.  The Council vote unanimous.

A motion was made by Oliver, seconded by Davis, for the approval of the Minutes of the September 14, 2009 Mayor and Council Meeting.  The Council vote unanimous.

PLANNING COMMISSION RECOMMENDATIONS/PETITIONS
Hoyt Oliver-Liaison

The Planning Commission did not have a quorum at its August meeting.

Oliver reported the Planning Commission received twelve (12) responses for request for qualifications in seeking professional services to assist in re-writing the land use and development ordinances.  The Planning Commission will review the proposals and make recommendations to the Mayor and Council.

Mayor Roseberry told the members he had talked with Mayor Luken, City of Watkinsville, and was informed of a form base zoning available on the internet that too should be explored.    Roseberry further stated that there are grant monies available for these type projects.

A letter of request from Elizabeth Campbell and the Flat Creek Association, L.P.  was received by the Planning Commission, at its September meeting. The letter requested permission for a driveway to access land along the Coke Street right-of-way or the Hull Street right-of-way off of Collingsworth and Richardson Streets.  The request was made to give access to the parcel to facilitate the sale of the property.  It was determined by the Planning Commission members that the parcel of land was not land locked and the city was not obligated to put in a road. However, the owner is allowed to make  improvements to their property.

Four Planning Commission members will be attending the Community Planning Workshop, Sunday October 11^th and Monday, October 12^th at The Center.
MAYOR &. COUNCIL
OCTOBER 5, 2009
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CITIZEN PARTICIPATION

Claude Sitton-1222 Wesley Street
Sitton read the following concerns he has:
State law prohibits public officials from voting on matters in which they are “personally interested.”  Some municipalities have such ordinances or codes that do the same.  Among them is Lawrenceville.  As a story Sunday in The Atlanta Journal Constitution pointed out, Lawrenceville’s code prohibits city official from, and I quote, “participating in the deliberation of or voting on any matter involving his financial or personal interest.”  Punishment ranges from reprimand to removal from office.
              The City of Oxford Charter prohibits action on city matters by Council members with conflicts of interest.  See Article II, Section 6, Subsection B.  Any member who violates its provisions by deliberating or voting on a matter in which the member has a private interest is held to be guilty of malfeasance and to have forfeited his or her office.
              Enforcement and punishment of apparent violations have been notable by their absence until today.  But the present Council now seems determined to take the Charter seriously.
              Why raise this issue?  It is raised because a current contestant in the race for a Council seat is reported to be an employee of a local corporation.  That corporation not only is a most frequent petitioner before the Council for changes in city practices and policies but also the major holder of private, untaxed property in the city.
              All of the above makes clear that the corporation, the council and-if elected-the corporation’s employee might find themselves in difficult straits.  This would be especially true if the corporation petitioned the Council on a matter the corporation considered critical to its interest and one in which its employee’s vote could be decisive.
              This potential for trouble can be removed by a pledge from any contestant or present member with such conflicts to avoid acting in any way on corporation matters that may come before the Council.  That would serve notice on the corporation, ease Council concerns and reassure a contestant’s supporters.

MAYOR’S REPORT TO COUNCIL

              •              Northeast Georgia Regional Development Center has been directed, by the State, to update and rewrite its Regional Comprehensive Plan by the year 2011.  This will require local governments  to have to review and rewrite their plans  so that they tie back to the R.D.C.’s regional plan.
              •              The city will not be pursuing grant funding from the Recreation Trail Program at this time.

FINANCE

Councilman Holt reminded the members to submit their proposed capital project budgets for fiscal year 2010.

A motion was made by Holt, seconded by Windham to authorize the finance committee to reinvest the certificate of deposit in the amount of $557,797.39 maturing on October 1, 2009.  The motion was then withdrawn because authorization has been previously approved.  The Finance Committee will also be looking at the stability of the financial institutes for investments of public funds.
MAYOR &. COUNCIL
OCTOBER 5, 2009
PAGE 3
 
CEMETERY

Council member Patterson informed the members that J.P. Godfrey and Anderson Wright are making improvements to the gazebo in the Oxford Historical Cemetery.

ORDINANCES-2<sup>nd Readings

Chapter 3:  Article II:  Section 3-206(3) Rules for the conduct of Business:  Quorum
A motion was made by Oliver, seconded by Holt, for the approval and adoption of proposed amendments to City of Oxford Code of Ordinance Chapter3:  Article II:  Section 3-206(3) Rules for the conduct of Business:  Quorum.  The Council vote unanimous.                                          Attachment A

Chapter 3:  Article I:  Section 3-103(2), (3) Administrative Policy and Procedures
A motion was made by Oliver, seconded by Windham, for the approval and adoption of proposed amendments to City of Oxford Code of Ordinance Chapter 3: Article I:  Section 3-103(2, (3) Administrative Policy and Procedures.  The Council vote unanimous.                            Attachment B

Chapter 3:  Article III:  Section 3-301:  The Mayor:  General Authority
A motion was made by Oliver, seconded by Smith, for the approval and adoption of proposed amendments to City of Oxford Code of Ordinance Chapter 3:  Article III:  Section 3-301:  The Mayor:  General Authority.  The Council vote unanimous.                                                        Attachment C

Chapter 3:  Article IV:  Section 3-404:  Duties of City Clerk
A motion was made by Oliver, seconded by Smith, for the approval and adoption of proposed amendments to City of Oxford Code of Ordinance Chapter 3:  Article IV:  Section 3-404:  Duties of City Clerk.  Windham recommended the proposed changes also be amended to include the striking of “Treasurer” from the title of City Clerk.  Windham also stated that the proposed changes should further be amended to include in the Clerk’s responsibilities to provide a written monthly report to the Council on the status of all motions approved.  Windham said he would also like to see work orders tracked so the Mayor and Council can be removed from operations of the city.  The motion was amended by Windham to include, but not limited to, the City Clerk recording all approved motions of the Mayor and Council and making monthly written reports of their status.  The amended motion was seconded by Oliver.  Attorney Strickland reported that most ordinances do not include that much detail.  Mayor Roseberry recommended that the ordinance state that the City Clerk shall have the responsibility for the performance of the following duties…  A second amendment to the motion was then made by Oliver, and seconded by Windham, to include the recommended changes and record it now as the 1st reading.  The Council vote unanimous.

JOB DESCRIPTIONS
A motion was made by Oliver, seconded by Windham, to approve the revised job descriptions as presented in September  for the positions of City Clerk, Police Chief, and Supervisor of Utilities/Public Works.  The Council vote unanimous.


MAYOR &. COUNCIL
OCTOBER 5, 2009
PAGE 4

GENERAL

Coke/Hull Street Property
Oliver stated that it is the consensus of the Council that the city is not obligated to provide access to property that is not legally land locked.  Oliver then moved that the city deny the request from Elizabeth Campbell for the city to establish a road between Collingsworth and Richardson Streets.  The motion was seconded by Windham.  The Council vote unanimous.

STREETS

ISC Invoice
A motion was made by Davis to approve an additional cost of $562.53 to be paid to ISC, Inc. for the completion of the Moore Street widening project.  The motion was seconded by Oliver.  The Council vote four (4) yes, with Windham and Holt casting two (2) no votes.  The motion carried.

UTILITIES/PUBLIC WORKS

Community Development Block Grant Award
Councilman Smith informed the members that he had attended the Georgia Department of Community Affairs Community Development Block Grant awards at Callaway Gardens last week.  The City of Oxford is the recipient of a $500,000.00 award for water improvements from the Americans Recovery and Reinvestment Act.  Bid opening date is scheduled for November 10th at 2:00 p.m. in the community center.  The bid award will follow thirty (30) days afterward.  Construction is scheduled to begin January 2010.  The estimated cost for the city’s participation is $172,000.00.  Smith reported this project will complete 16% of the total cost of infrastructure needs within the city.

Electric Cities of Georgia-Power Line Tree Trimming Services
Smith made a motion to authorize the Mayor to execute an agreement with the Electric Cities of Georgia to contract tree trimming services for the purpose of clearing utility rights-of-ways.  The motion was seconded by Davis.  Discussion followed with request that the Trees, Parks, and Recreation Board be notified.  Comments were also made for the need to hire a certified arborist to oversee the pruning.  Councilman Windham said he wasn’t opposed to the tree trimming, just that there is a better way to do it.  Questions were also raised as to the cost to the city and whether request for bids should be submitted.  Mayor Roseberry suggested that he write a letter to Electric Cities of Georgia for a proposal.  No further action was taken.

RESOLUTION-SECOND ALTERNATIVE AMENDMENT TO THE MUNICIPAL COMPETITIVE TRUST AGREEMENT
A motion was made by Smith, seconded by Davis, to adopt a resolution authorizing the Mayor to execute a Second Alternative Amendment to the Municipal Competitive Trust Agreement but not place any monies in at this time.  The Council vote unanimous.                                                        Attachment D



MAYOR &. COUNCIL
OCTOBER 5, 2009
PAGE 5

BUILDINGS/GROUNDS

New City Hall Building/Community Center
A motion was made by Windham to authorize the Mayor to execute and award the contract for construction of the new City Hall/Community Center Building to Garrard Construction Company after satisfaction with Carter-Watkins Architect meeting scheduled for Wednesday at 2:00 p.m.  The bid price is $1,611,561.00 + $6,000.00 for additional windows. 

Attorney Strickland advised the Council that he had concerns for an award of contract prior to a meeting  scheduled at a later date to satisfy.

Windham stated some of the discussion Wednesday would include removal of pavers designed to extend around a library that will not be constructed, along with removal of pavers that extend to the fire stairwell.  There will also be discussion of proposed changes of an impervious sidewalk westward along Clark Street to a pervious mix to allow for water absorption.  This change is estimated to increase the cost by $3,000.00.

Mayor Roseberry suggested the Council approve the $1,611,561.00 and then proceed with any change orders at a later date.

Councilman Davis reminded the members that the city had asked the architects to design a building with a cost estimate of $1,200,000.00. Davis said it has increased tax dollar spending another 400,000.00.

The motion was then amended by Windham to accept the bid of Garrard Construction Company in the amount of $1,611.561.00 for the construction of the new city hall/community center building.  The motion was seconded by Oliver.  The Council vote five (5) yes, with Davis casting one (1) no vote.  The motion carried.                                                                                                                              Attachment E


Maintenance Facility Landscaping Project
A motion was made by Windham asking the Council to allow Windham to seek a Landscape Architect for the design of the Maintenance Facility Landscaping project along State Highway #81 with a cost not to exceed $2,000.00. After a brief discussion, the motion was amended by Windham not to exceed $1,000.00.  The motion was seconded by Davis.  The Council vote unanimous.

PERSONNEL

Scottie Croy has completed the Municipal Electric Authority of Georgia’s Power line Workers Apprentice Program and is scheduled for graduation on Friday, October 16th at the Newnan Training Center.

Dave Harvey completed his Laser Speed Detection Operator Certification offered through the Georgia Peace Officer Standards and Training Council on September 9th.


MAYOR &. COUNCIL
OCTOBER 5, 2009
PAGE 6

INVOICES</sup>

^{Routine Monthly Bills Paid}

^{Purchases/Contract Labor}

^{Approved Contracts}

<sup>A motion was made by Oliver, seconded by Patterson, for the approval of invoices.  The Council vote unanimous.

EXECUTIVE SESSION – LAND ACQUISTION

There being no further business, the October meeting was adjourned.

Respectfully submitted,



Carol A. Poole
City Clerk, CMC

Attachment A:               Ordinance Chapter 3: Article II: Section 3-206(3) Rules for conduct of business-Quorum
Attachment B:              Ordinance Chapter 3: Article 1: Section 3-103(2, 3) Administrative Policy and Procedure
Attachment C:              Ordinance Chapter 3: Article III: Section 3-301: The Mayor: General Authority
Attachment D:              Resolution-2nd Alternative Amendment to the Municipal Competitive Trust Agreement
Attachment E:   Contract Garrard Construction Company-City Hall/Community Center Building</sup>