August 2009

OFFICIAL MINUTES OF THE OXFORD MAYOR AND COUNCIL MEETING
MONDAY, AUGUST 3, 2009 – 7:30 P.M.
COMMUNITY CENTER, OXFORD, NEWTON, GEORGIA

MEMBERS PRESENT:  JERRY D. ROSEBERRY, MAYOR; COUNCIL MEMBERS-HOYT P. OLIVER; EMMA LOU PATTERSON; GEORGE R. HOLT; FRANK J. DAVIS
ABSENT: James H. Windham, Mayor Pro-Tem, and Councilmember Terry A. Smith

OTHERS PRESENT: CITY ATTORNEY, DAVID STRICKLAND; MICHELLE FLOYD, NEWTON CITIZEN; ANDERSON WRIGHT; SHERRY JACKSON; CURTIS JACKSON; ERIK OLIVER; SUE DALE; MICHAEL DALE; DEPUTY CLERK, LAURAN S. WILLIS;  POLICE CHIEF, CLARK R. MILLER; JOHN P. GODFREY JR.

Pledge of Allegiance

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

A motion was made by Oliver, seconded by Davis, for the approval of the agenda for August 3, 2009.  The Council vote unanimous.

A motion was made by Oliver, seconded by Holt, for the approval of the Minutes of the July 6, 2009 Mayor and Council Meeting.  The Council vote unanimous.

A motion was made by Davis, seconded by Oliver, for the approval of the Minutes of the July, 20, 2009 Special Called Meeting.  The Council vote unanimous.

A motion was made by Oliver, seconded by Patterson, to accept the Minutes of the June 9, 2009 Planning Commission Meeting.  The Council vote unanimous.


PLANNING COMMISSION RECOMMENDATIONS/PETITIONS
Hoyt Oliver, Liaison
Report:

              •              Oliver reported the Planning Commission did not have a quorum at their July meeting, but the three members who were present did meet with Mr. and Mrs. Jackson to discuss their request.
              •              Oliver reminded the council they will need to look at the proposed Pre-development application form for pre-development permit which is in the committee reports and will be brought up for adoption tonight.

Erik Oliver added there should be a draft of the minutes and recommendations.

CITIZEN PARTICIPATION

Curtis and Sherry Jackson – 504 Haygood Avenue
Curtis Jackson presented to the council a Time Line of Repairs for the 1002 Emory Street property dating from July 2008 through June 2009 as requested.    (Attachment A)

MAYOR &. COUNCIL
AUGUST 3, 2009
PAGE 2

Citizen Participation Continued:

Curtis- Once we were allowed to go into the building after the fire we started cleaning it up as we had a lot of personnel things stored there, we had to inventory it, take pictures of everything and recycle the items we could. The metal went to the metal and the brick went to the drive way to use as driving material. We had everything sorted out and had the containers come over and started filling them up and by the first of September we had everything pretty well removed.  On November 28th the city came and did and inspection and said there was dangerous parts of the floor and other things. We removed all of that and made the building secure so we could hopefully get inside. Between January and March I began working on the building. In March we received a letter from Oxford concerning the inspection.  That’s when I went over to the county to get a permit to work on the building. I was questioned as to what I was doing. I told them there was a fire and I need to repair right now the floor, the wall and the roof. I was told I didn’t require a permit as long as I wasn’t changing the footprint of the building that I would need one when I get ready to start the wiring and I said I understood that.  That was it. I could get started on it and I did, until, I went by and talked to the Mayor.  After I met with him, he said you need to at least get a structural engineer to look at it and approve what you are doing, and I did that. The letter didn’t get to the town before mine did, I don’t know why a week later they hadn’t, but I took a copy of it over to the town and then I was stopped by the county from working on it. They said I need to get a permit, so that’s what we are requesting now to get a permit to continue to get a roof on the building.

Mayor Roseberry- So your position now is you would like the council to approve for you to go to the county to get a permit?

Curtis Jackson- Yes that’s what we are requesting tonight.

Mayor Roseberry- From what I understand the planning commission has not acted on this.

Hoyt Oliver- The planning commission did not vote on it because they had no quorum. The planning commission did point out to the Jacksons three things. The note from that meeting should reflect.

              •              The Jacksons agree that it has to be up to current building standards.
              •              Planning commission did point out there are two (2) existing structures on the same lot as it was presently sited and that is not allowed by our ordinance, two principle structures on the same lot.
              •              The planning commission also pointed out there is a problem with the existing ordinances in that they have only seven (7) feet side set backs from a residential area and the present ordinance’s require thirty (30) feet set back if it is going to residential area. The other thing the planning commission mentioned again to them is that, it would be advisable if some kind of property swap could be made between the Jacksons and the Watsons so that access to the back side of Orna -Villa properties could be off of East Clark and that might give more frontage on Emory street for the store property and bring it into accord with the ordinance’s and be advantageous to them. The planning commission would not be in favor of giving more access off Emory Street to the Orna-Villa properties.  The Jacksons did discuss some of this with the council

MAYOR &. COUNCIL
AUGUST 3, 2009
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Citizen Participation Continued:

at the work session.  And I think the Jacksons understand that if and when they do the electrical   and plumbing work they definitely will have to apply for a building permit.

Sherry Jackson- We, have to apply for a permit anyway. That’s what we’re here for now we need a permit to finish doing what we are doing, and then after that, we get that we have so long to get everything finished by the county and then we will be dealing with the county not the city.

Hoyt Oliver- They fall under the old pre-development application forms not the new one. The planning commission has not made any approval of it.  It’s up to the council who has that authority.

Erik Oliver- To add points of clarification, the whole issue of the two principle buildings on the lot have not been an issue before, but if they get a twelve (12) month period under the new development standards of Newton zoning code, because the lot is very long, they could easily subdivide that lot with one building on one lot and one building on the other lot. That’s an administrative issue for them to handle. It should happen prior to what ever, they are going to do.

Sherry Jackson – At the work session I think we said before its indicative of Oxford now that would have to be handled and considered a local issue.

Erik Oliver- It’s just a matter of going to the Tax Commissioners office and having them re-draw the lot.

Sherry Jackson – We have to write a deed.

Erik Oliver- The planning commission couldn’t approve it because the current code is a thirty (30) foot setback joining a residential lot,  which with that piece of property there is no way we could do that. It’s not that wide of piece of property. It’s not in our authority to approve something that would require a hearing.   You are limited on how much of a variance you can approve or at least you were. Mr. Jackson is aware that you cannot comply with code and make that property usable.

Mayor Roseberry- As I understand, are you contending they did not meet the requirements to start the repair within the twelve (12) month period?

Erik Oliver – No, it was that he got bad information from the county.

Mayor Roseberry- He produced evidence that seems to shows he did start or tried to start.

Davis- If he started, he’s entitled to build the building back.

Erik Oliver- In order to have started it ahead of time, he would have had to come to the City of Oxford Planning Commission.


MAYOR &. COUNCIL
AUGUST 3, 2009
PAGE 4

Citizen Participation Continued:

Davis- He was told he didn’t have to. I say he’s entitled to build it back like it was without meeting any setbacks at the present spot.  No two (2) buildings on the lot does not matter. He can build it back that’s my contingence. That’s what our rules say, and he should be able to follow them.

Erik Oliver- What happened was, the information they were given by the county was not given by the inspector, it was given to them by a person at the front desk and was incorrect. And someone getting incorrect information ---

Davis- He started the repairs before the twelve months was out.
Erik- Right.
Davis- That’s all he had to do.
Erik- I thought he had to have a permit.
Davis- If we are going to require him to have a building permit then, we should issue him one.
Erik- I’m just reading the standard code.
Roseberry- He was told and he used the new unapproved application which stated he did not have to have a permit if he didn’t change the footprint. I told him in a meeting that was the wrong form and that information was incorrect and that he did need a permit. That was after he had already acted on the original form.  To get this contention, if Mr. and Mrs. Jackson were late it was not of their own doing. They were attempting to comply with the code but, was told on two (2) occasions they did not have to do anything other than what they did.

Erik- And you have evidence they were told that by the county.
Roseberry- No, I don’t suppose he thought at the time he needed to take a deposition.
Curtis Jackson- I did do that and will swear to that, that I did. I can probably go over there and find the person and they were quit adamant about it. They said I should have come there before I started cleaning up, but since I cleaned it up they said they won’t issue one, you can’t get one you don’t need one.

Roseberry- Let me suggest this Mr. Jackson. The planning commission meets next Monday.
Erik Oliver- The contingence of the folks there was, we support getting the building fixed. They are interpreting the code as they see it. Technically speaking about the code they just need to get, bring it up to current developmental standards.

Hoyt Oliver- I think the members of the planning commission who were there are all in favor of it.  From what we were told by Mr. Jackson about how he is going to rebuild the concrete walls using the truss system it appeared to the planning commission members who were present that it would be up to code.

Roseberry to Oliver-   Are you prepared to vote on it tonight?
Davis- I am.
Oliver- I think I can vote on it.
Roseberry to Davis- Would you like to make a motion?
Davis- I will.
MAYOR &. COUNCIL
AUGUST 3, 2009
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Citizen Participation continued:

A motion was made by Davis to give approval necessary for Mr. Jackson to rebuild his building without any regard to setback or two (2) buildings on a lot.  If we need to issue a building permit, let it be done.

Hoyt Oliver- I can’t support that without regard to code.
Davis- I will modify it in respect he meet electrical and plumbing code and building code but not setback code.
Hoyt Oliver- I can’t support a motion unless we include without regard to two (2) buildings on the lot, we should include this before the certificate of occupancy is issued that ---                                                             
Davis to Oliver- It was that way before the fire he’s entitled to build it back like it was.
Hoyt Oliver- You can’t build it back in violation of the code.
Mayor Roseberry- I think he’s agreed to do that.
Sherry Jackson – Yes we have agreed to do that I can type that out if you like.
Hoyt Oliver to Davis- I’m just saying take out the part about with regard to two (2) divided buildings on a lot.
Davis – Ok, take out with regard to two buildings on a lot.
Erik Oliver- We all agree we don’t care if he has the thirty (30) foot setback or not, that would be a hardship case.
Davis- He’s entitled to build it back like it was because he started within the twelve (12) months.
Erik Oliver-  We agree if he follows code.
Davis- He will bring it up to the plumbing code, electrical code, and structural code.
Mayor Roseberry- Do we all agree?
Davis- I’m good with that.

Holt- I’m assuming I know what the motion is.
Davis- Lets see
Lauran- I have that, he be approved to rebuild with the county’s requirements on any electrical and plumbing and structural.  They comply with the county building code.  And we will strike the portion without regard to two buildings on the same lot.
Hoyt Oliver- Include that before it can be occupied, it must be changed that they are not two (2) buildings on the same lot.
     
Davis amended his motion, seconded by Patterson, for the approval to allow Mr. Curtis Jackson to rebuild the structure at 1002 Emory Street according to Newton County building code standards. To strike in regard to setback and two (2) buildings on same lot. He added that before the building can be occupied, it must be changed and conform, that there not be two (2) buildings on the same lot. The council vote unanimous.






MAYOR &. COUNCIL
AUGUST 3, 2009
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MAYOR’S REPORT

              •              August work session was set for August 17th 6:00 p.m.
              •              The September Regular Session has been changed to Monday, September 14th due to the Labor Day Holiday. 
              •              Mayor gave an update on the New City Hall progress.  They have selected a contractor and are in negotiation.

FINANCE

Council member Holt made a motion, seconded by Oliver for the approval of the 2nd reading and adoption of the Resolution for Declaration of Intent to Finance Costs of constructing a New City Hall and Community Center with Tax-Exempt Financing.  The Council vote unanimous.   Attachment B

Holt made recommendation that the finance committee meet to discuss a financial package for the new City Hall/Community Center Building.

ORDINANCES

The 2nd and final reading of the amendments to Code of Ordinances for the City of Oxford to amend the code of ordinances of Oxford, Georgia to establish due compensation applicable to any Telegraph or Telephone Company Chartered by the Laws of this or any other state. A motion was made by Oliver and seconded by Holt, for adoption. Council vote unanimous.  Attachment C

The 2nd and final reading of the amendments to the Code of Ordinances for the City of Oxford to    amend the code of ordinances of Oxford, Georgia to establish a new ordinance entitled “Streets, Sidewalks and Other Public Places” in order to administer and regulate the public right-of-way in the public interest, and to provide for the issuance and regulation of right-of-way permits. A motion was made by Oliver and seconded by Davis, for adoption.  Council vote unanimous.  Attachment D

General

City Management Study Committee
Oliver reported that he, George Holt, and Jim Windham had met and agreed that under the current charter the City Clerk is the Chief Administrator/Treasurer. Hoyt Oliver stated, that at the August 17th work session, the committee plans to propose changes that will allow the City Clerk/Administrator more authority over the day to day operations and report activities to the mayor and council.  Holt added these changes will put more work on the City Clerk/Administrator and other office personnel which will require reassignment of duties and may result in the hiring of additional staff.  Oliver stated that the city will allow for proper training of any addition staffing. 




MAYOR &. COUNCIL
AUGUST 3, 2009
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DELOPMENTAL PERMIT APPLICATION

A motion was made by Oliver, seconded by Davis, to approve the revised application for Pre-Development Approval. Council vote unanimous. 

STORM WATER MANAGEMENT
In a letter of July 8, 2009 to Mayor Roseberry, from Georgia Department of Natural Resources/Environmental Protection Division (EPD), based on the information provided, EPD has determined the 2008 Report is acceptable.              Attachment E

STREETS

Widening of Bridge behind Old Church
Davis, read a proposal from Jim Williams, Designed Installations, to widen the bridge behind Old Church at the cost of $1,735.00.  After review of this bid, Davis stated he could not make a recommendation to the council based on this proposal.  He requested the project be tabled until further research and he will get more bids.

CERTIFICATES-PERSONNEL

Carol Poole &                                           Georgia Secretary of State/Elections Division
Lauran Willis                                          How to Manage Your Poll Workers
                                          Managing the Election Process, Pre-Election,
                                                        Post Election, Election Law, Qualifying, Absentee Ballot Procedures




















MAYOR &. COUNCIL
AUGUST 3, 2009
PAGE 8

INVOICES

Routine Monthly Bills Paid

Purchases/Contract Labor

Approved Contracts

A motion was made by Oliver, seconded by Holt, for approval.  The Council vote unanimous.






MAYOR &. COUNCIL
AUGUST 3, 2009
PAGE 9

There being no further business or discussion a motion was made by Holt, seconded by Patterson, to adjourn.  The Council vote unanimous.

Respectfully submitted,



Lauran S. Willis
Deputy Clerk

Attachment A:              Time Line of Repairs for 1002 Emory Street
Attachment B:              Storm Water Management Acceptance Letter
Attachment C:   Resolution for Declaration of Intent to Finance & Construct New City Hall
                             And Community Center
Attachment D:   Ordinance to Amend Code to Establish due Compensation Applicable to
                             Any Telegraph or Telephone Company
Attachment E:              Ordinance to Amend code to create Chapter for “Streets, Sidewalks and
                            Other Public Places”, to regulate public right-of-way and issue permits