September 2009

OFFICIAL MINUTES OF THE OXFORD MAYOR AND COUNCIL MEETING
MONDAY, SEPTEMBER 14, 2009 – 7:30 P.M.
COMMUNITY CENTER, OXFORD, NEWTON, GEORGIA

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

OTHERS PRESENT:  DAVID STRICKLAND, CITY ATTORNEY; CLARK MILLER, POLICE CHIEF; JODY REID, UTILITIES/PUBLIC WORKS SUPERVISOR; THOMAS TURNER; CLAUDE AND EVA SITTON; BRIAN AND SUE DALE; LATRELLE OLIVER; ERIK OLIVER; JOHN GODFREY;  ANNA WOMACK, REMAX REALTY AND BAYLOR BANKS

The September meeting was called to order by the Honorable Jerry D. Roseberry, Mayor, and invocation given by Councilman Oliver.  The September meeting was rescheduled because of the Labor Day Holiday.

Pledge of Allegiance

A motion was made by Smith, seconded by Davis, for the approval of the September Agenda to include an Addendum item.  The Council vote unanimous.

A motion was made by Oliver, seconded by Patterson, for the approval of the Minutes of the August 3, 2009 Mayor and Council Meeting.  The Council vote unanimous.

A motion was made by Windham, seconded by Holt, for the approval of the Minutes of the August 17, 2009 Special Called Meeting.  The Council vote unanimous.

A motion was made by Oliver, seconded by Patterson, to accept the Minutes of the August 11, 2009 Planning Commission Meeting.  The Council vote unanimous.

PLANNING COMMISSION REPORT
Hoyt Oliver-Liaison

              •              The final plan for the pedestrian/bike trail developed by the Northeast Georgia Regional Development Center has not been finalized.
              •              A “Sources Sought” request has been placed on the city’s website, in the news, and on various planning sights such as the Atlanta Regional Council and NEGRDC.  September 25^th is the cut off date for submission.
              •              Jim Patrick, Patsy Burke, Ron Manson, and Hoyt Oliver will be attending the Community Planning training seminar to be held in Covington October 13^th and 14^th at The Center.
              •              A request was presented from Elizabeth Campbell asking permission for a driveway to access  land along either the Coke Street right-of-way or the Hull Street right-if-way off of Collingsworth Street or Richardson Street.
              •              A report was presented, by Erik Oliver, with a listing of properties in Oxford that pay taxes but do not receive services, and also properties that do not pay taxes.

MAYOR &. COUNCIL
SEPTEMBER 14, 2009
PAGE 2

REVEREND BRIAN DALE-ALLEN MEMORIAL UNITED METHODIST CHURCH

Reverend Dale approached the Mayor and Council with a request from Allen Memorial United Methodist Church for permission to illuminate the churches directional sign located at the intersection of Emory and Pierce Street.  Dale reported that the area is poorly lit and difficult to see, particularly at night.  Dale also stated Martha Forney, 102 Pierce Street, and Dean Bowen, Oxford College, has no objections to the church lighting the sign. 

The discussion that followed noted that other similar signs in Oxford were lit.  It was further noted that illumination of signs was prohibited under the present zoning ordinances.  The Planning Commission stated they had no objections at their August 11^th meeting.  Councilman Windham voiced his objection to approve a request that ordinances do not allow for.

A motion followed by Oliver, seconded by Davis, to approval Allen Memorial United Methodist Church’s request to internally illuminate the directional sign located at the intersection of Emory and Pierce Streets.  The Council vote five (5) yes, with Windham casting one (1) no vote.  The motion carried.

ANNA WOMACK, REMAX REALTY AND BAYLOR BANKS

Banks informed the Council that his family had inherited property between Coke and Hull Street rights-of-way from ancestor Alberta Williams.  Banks respectfully requested improvements be made by the city, and at the city’s expense, in order to gain access to the 3.36 acres which would then make it marketable.  Banks further stated the family would be willing to accept condemnation of the property at a fair market price. Mayor Roseberry suggested the City Attorney review their request and report and then the Council will take action at their October meeting.

CITIZEN PARTICIPATION

Claude Sitton-1223 Wesley Street

              •              Sitton asked if the city was trying to avoid state legislation by changing ordinances instead of the charter in order to create a city clerk/administrator/manager position.

Oliver stated the city and the attorney have looked into the process and have concluded that modifications in ordinances would be in line with the existing charter which defines the city clerk as the chief administrative officer of the city and the mayor as the chief executive officer.

Strickland added that if the city administrator was asked to do more that the charter allows, then yes, the charter would need to be changed.  The proposed changes do not necessitate a change in the charter.

              •              Sitton asked, on behalf of Norbert Thompson’s concern, as to why the city was doing away with a drive-up window and replacing it with a pneumatic tube system which would require excessive maintenance due to malfunction.

MAYOR &. COUNCIL
SEPTEMBER 14, 2009
PAGE 3

Sitton continued:

Windham reported the plans have been changed to exclude the pneumatic tube system to encourage citizens to use the drop box for payments.

              •              Sitton asked why the gutter guards have been removed from the new city hall plans.

Windham informed Sitton the gutter guards are still in the plans.

Thomas Turner-1301 Wesley Street

              •              Turner asked why the city manager position was not implemented when the charter was rewritten in 2002.

John Godfrey answered for the council by stating that he was on the council at the time and there were those that opposed the change.

Sitton added if the city’s going to make changes now, they need to make those for a city manager position.

Erik Oliver acknowledged that the current staffing is not suitable with the ten (10) year comprehensive plan.

GENERAL

September Work Session
The September work session was set for Monday, September 21, 2009 beginning at 6:00 p.m.

Comprehensive Plan
Roseberry informed the members that the Georgia Department of Community Affairs has mandated the Northeast Georgia Regional Development Center to rewrite the comprehensive plan by 2011.

City Hall Contract Agreement
The following items were discussed:

              •              Article 3, Item 3-The contractor shall achieve substantial completion of the entire work not later than two hundred seventy days from the date of commencement.  $250.00 per calendar day after 270 days from notice to proceed.
              •              Article 4, Item 7-Elimination of gutter guard
              •              Article 8, Item 2-Payments due and unpaid under the contract shall bear interest from the date payment is due at the rate stated below or in the absence thereof, at the legal rate prevailing from time to time at the place where the project is located  8.00% annum.

              •              Article 9, Item 1.5-The Specifications Construction Documents-date to be determined.

MAYOR &. COUNCIL
SEPTEMBER 14, 2009
PAGE 4

City Hall Project continued:

Windham informed those concerned that the substantial changes consisted of changing eifs to brick; moving the stairwell outside to increase work space; and the elimination of the tube by adding a drop box.

Newton County Mayors
Roseberry informed the members that Newton County Mayors held a meeting last Friday in the community center, and their plans are to meet once every two months, rotating locations.

Sue Dale-Grant Writing
Sue Dale reported meeting with the grants committee to discuss the next segment of the trail which will extend from West Soule Street, north, to Coke Street.  Dale stated she had also attended the Perry workshop and talked with Director Burke Walker, Local Governments.  Dale spoke with Kent Campbell, Newton County Trail Path Foundation, and they have agreed to assist the city with the wetland area assessment.  Dale asked that the Council adopt a resolution in support of a state grant application to the Georgia Recreational Trails Program for this project.  The city’s match would be 20% or $14,700.00, $5,000.00 of which has been donated to the Newton County Trail Path Foundation.  The total project cost is estimated to be around $73,500.00.  October-November is the application period with awards let in 2010.  The city would have two (2) years to spend the reimbursable grant funding.  The resolution will be placed on the October agenda.

CEMETERY

Patterson reported the Oxford Historical Cemetery Foundation is working on a new map and internment directory to be placed in the cemetery to help assist in locating burials.

ORDINANCES

1<sup>st Reading- Amendments to Ordinance: Chapter 3, Article II, Section 3-206(3): Rules for the Conduct of Business- Quorum.

1st Reading –Amendments to Ordinance:  Chapter 3, Article I, Section 3-103(2), (3): Administrative Policy and Procedures.

1st Reading-Amendments to Ordinance:  Chapter 3, Article III, Section 3-301: The Mayor, General Authority.

1st Reading-Amendments to Ordinance:  Chapter 3, Article IV, Section 3-404, Duties of City Clerk.

JOB DESCRIPTIONS

1st Reading-Amendments to Job Descriptions:  City Clerk, Police Chief, and Public Works and Utilities Supervisor.
MAYOR &. COUNCIL SEPTEMBER 14, 2009 PAGE 5 

VEHICLE SAFETY MANUAL

As suggested by the Georgia Municipal Association Local Government Risk Management Services, a Vehicle Safety Manual was prepared by the City Clerk and presented for Council approval.  A motion was made by Oliver, seconded by Windham, to accept the manual as an operational tool for the city.  The Council vote unanimous.                                                                                    Attachment A

STREETS/SANITATION

ISC Contract Amendment
A motion was made by Davis, seconded by Holt, to approve an amendment in the amount of $562.53 to ISC, Inc. for completion of the Moore Street widening project.  Windham stated he objected until an explanation was given for the increase.  The motion was tabled pending a response from the engineer for the amendment.

UTILITIES/PUBLIC WORKS

Councilman Smith presented a proposal from Marable-Pirkle Inc. for the installation of sixteen (16) poles and transfer of electrical pole attachments.  Smith also had a cost estimate for materials needed to complete the project.  It was recommended by Council that additional bids be obtained before awarding any bid.

Municipal Electric Authority of Georgia Bond Validation
Attorney Strickland informed the Mayor and Council that he is in receipt of a petition filed by MEAG to increase their bond validation authority.  MEAG refinanced numerous transactions to safeguard their financial position.  The financing transactions helped stabilize their financial position, but also consumed a great deal of MEAG’s pre-existing bond validation authority.  Over time it gradually consumed the total validation authority.  If left unchanged, MEAG would eventually lose the ability to place additional bonds.  No action was needed from the Council.

BUILDINGS/GROUNDS

Councilman Windham informed the members that, in order to proceed with the landscaping project at the maintenance facility, the Department of Transportation is requesting a scaled drawing of the project.  Further discussion will continue at the work session.

PERSONNEL

Honorable mention was made for Carol Poole and Lauran Willis’ completion of the mandated Election Certification Program.




MAYOR &. COUNCIL
SEPTEMBER 14, 2009
PAGE 6

INVOICES</sup>

^{Routine Monthly Bills Paid}

^{Purchases/Contract Labor}

^{Approved Contracts}

<sup>Councilman Holt questioned the cost for purchases of blackberry cell phones for city employees.  Holt stated the city needs to be more cautious of citizen’s money.

Councilman Windham requested further explanation should be obtained before paying for the additional cost of $562.53 to ISC, Inc.

A motion was made by Windham to approve the invoices to exclude the additional cost from ISC, Inc.  The motion was seconded by Oliver.  The Council vote five (5) yes, with Holt casting one (1) no vote.  The motion carried.
MAYOR &. COUNCIL SEPTEMBER 14, 2009 PAGE 7 There being no further business, the meeting adjourned at 9:42 p.m.

Respectfully submitted,Carol A. Poole
City Clerk, CMC

Attachment A:  Vehicle Safety Manual</sup>