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.

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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

OFFICIAL MINUTES OF THE OXFORD MAYOR AND COUNCIL MEETING

MONDAY, JUNE 1, 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;  FRANK J. DAVIS; AND TERRY A. SMITH

OTHERS PRESENT:  STATE SENATOR JOHN DOUGLAS, 17TH DISTRICT;  C. DAVID STRICKLAND, CITY ATTORNEY; CLARK R. MILLER, POLICE CHIEF; LAURAN S. WILLIS, DEPUTY CLERK; JODY A. REID, SR., UTILITIES/PUBLIC WORKS SUPERVISOR;  CLAUDE AND EVA SITTON; J. P. GODFREY, JR.; LATRELLE OLIIVER; AND MICHELLE FLOYD, STAFFWRITER FOR THE NEWTON CITIZEN

The June 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 Windham, for the approval of the Agenda of the June 1, 2009 Mayor and Council Meeting.  The Council vote unanimous.

A motion was made by Davis, seconded by Holt, for the approval of the Minutes of the May 4, 2009 Mayor and Council Meeting.  The Council vote unanimous.

A motion was made by Oliver, seconded by Patterson, to accept the Minutes of the April 14, 2009 Planning Commission Meeting.  The Council vote unanimous.

JOHN DOUGLAS, 17TH DISTRICT STATE SENATOR

Douglas announced that the Governor has directed all state agencies to cut their budgets by 25% to reduce the states deficit.  Douglas further stated that a special session may be on the calendar late summer or early fall just to work on the budget.

PLANNING COMMISSION RECOMMENDATIONS/PETITIONS

Liaison Hoyt Oliver reported that the Planning Commission, at its May meeting, discussed the following items:

1. A request from Oxford College to place the Emory shuttle bus stop on the south side of Hamill Street at the new dormitory;
2. A request from Oxford College for temporary conditional use (office space) for the property located  at 106 Hamill Street;
3. And, a temporary moratorium on all new construction until the future town center plans and zoning ordinances are in place.

MAYOR &. COUNCIL

JUNE 1, 2009

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CITIZEN PARTICIPATION

Claude Sitton-1223 Wesley Street

Sitton stated that Oxford College has used the request device in the past for the Council to temporarily approve conditional use of property which ends up being a permanent use and taken off of the tax roll.  Sitton asked in today’s economy, is this a good time to take away the city’s tax base.  Sitton further stated that Emory University has a copious amount of property to the west, and asked why their needs could not be located on that side of the campus?

MAYOR’S REPORT

1. June 15th, 6:00 p.m. was announced for the next work session date.  A review of the Short-Term Work Program will be on the agenda.
2. Reminder that the voting procedures for the elected officials is to vote yea or nay.  A vote to abstain must be accompanied by a declaration of the reason for abstaining.   Roseberry will announce the votes verbally for the record.
3. The city is diligently working on notification to property owners of sub-standard properties, and informing them of violation(s) of city ordinances and request for compliance.  Twenty one (21) homeowners were contacted on May 15th with twenty (20) of those now in compliance.
4. The Newton County Board of Commissioners will have the Fire Service Contract with the City of Oxford on their agenda for tomorrow nights meeting.
5. Beginning at 6:00 p.m. on Tuesday, the City of Porterdale will present their case on the 911 Service Contract to the Newton County Board of Commissioners.
6. Bids for the geotechnical services for the new city hall construction project were read:

1. Sailors Engineering Associates (SEA)                            $3,298.75
2. ECS Southeast, LLC                                                          3,200.00
3. Geo Hydro Engineers, Inc.                                              2,200.00

A motion was made by Windham, seconded by Oliver, to accept the recommendation of Carter-Watkins Engineers to approve the bid from GEO Hydro Engineers, Inc. in the amount of $2,200.00 to perform the soil boring at the new city hall site.  The Council vote unanimous.

7. Roseberry announced that he will serve as the Municipal Representative for Newton County as a board member with the Northeast Georgia Regional Development Center beginning July 1, 2009.  The Council is replacing the Board of Directors governance of the NEGRDC.
8. Mayor Roseberry has been in conversation with Newton County Commission Chair Morgan discussing the Statewide Water Plan.  Morgan has informed Roseberry that the county has volunteered to prepare a joint plan for Newton County and its municipalities.  The Center will coordinate the work.
9. The Newton County Economic Committee will meet at The Center on Wednesday.

FINANCE

2009 Millage Rate

Councilman Holt announced that the 2009 millage rate will be set at the July 6th meeting.

Competitive Trust and Year-End Settlement Funds

Investments of Competitive Trust and Year-End Settlement funds will be discussed at the June work session.

MAYOR &. COUNCIL

JUNE 1, 2009

PAGE 3

CEMETERY

A motion was made by Patterson, seconded by Oliver, to extend the walkway of removable pavers from the monument to and around the gazebo in the northeastern section of the cemetery at a cost of $2,100.00 (Designed Installations-Jim Williams).  After a brief discussion of Americans with Disabilities Act (A.D.A.) requirements, Patterson withdrew the motion for further discussion.

RESOLUTIONS/ORDINANCES

Identity Theft Prevention Program

The 2nd and final reading of a new ordinance entitled Identity Theft Prevention Program was presented and a motion made by Oliver for adoption.  The motion was seconded by Holt.  The Council vote unanimous.                                                                                                  Attachment A

Stop Streets

The 2nd and final reading of amendments to include additional stop streets:  Haygood Avenue where it intersects with Stone Street and Pierce Street where it intersects with Haygood Avenue and Whatcoat Street was read and a motion made by Davis for adoption.  The motion was seconded by Smith.  The Council vote unanimous.                                                                                    Attachment B

One-Way Streets

The 2nd and final reading of amendments to Code of Ordinances Section 11-107 One-Way Streets where Moore Street was removed was read and a motion made by Davis for adoption.  The motion was seconded by Oliver.  The Council vote unanimous.                                          Attachment C

PLANNING/ZONING

Oxford College- Temporary Conditional Use/106 Hamill Street

A motion was made by Oliver, seconded by Windham, to grant Oxford College a temporary conditional use of property located at 106 Hamill Street (formerly Ted and Harriett Davis) for office space.  Further, the term of the temporary use will expire on July 1, 2011 which is also in conjunction with the college’s existing temporary conditional use properties along Emory Street.  The Council vote unanimous.

Oliver asked that Attorney Strickland investigate laws governing exempt properties from taxing, and more specific, the faculty houses owned by Oxford College.

Emory/Oxford Shuttle Bus

A motion was made by Oliver to allow Emory/Oxford College permission to place a marked shuttle stop on the south side of Hamill Street next to the new dormitory.  A concrete walk will be installed to the stop at the college’s expense.  No shelter or booth would be constructed.  The bus plans to turn onto Moore Street from Emory Street, then right onto Haygood Avenue, and right onto Hamill Street for pickup.  Windham asked that the college provide a drawing before approval.  There was no second to the motion.  The motion failed.

MAYOR &. COUNCIL

JUNE 1, 2009

PAGE 4

Planning/Zoning continued:

Resolution

New Construction Moratorium

A motion was made by Oliver, seconded by Windham, to adopt a resolution placing a temporary moratorium on the issuing of Development Permits for new construction within the city limits of Oxford until such time as revised zoning ordinances have been adopted or until June 1, 2010, whichever time is shorter.  The resolution further states:  Provided, however, that this temporary moratorium shall  not apply to the issuing of development permits for:  a) any construction for which the application for construction has already been initiated at the time of passage of this resolution; b) any modification of existing structures which meets the criteria of the existing zoning ordinances, or c) any placement of auxiliary, secondary structures on properties with existing buildings which meet the criteria of the existing zoning ordinances.  The Council vote unanimous.

Pedestrian Traffic East Village to Main Campus

The Mayor was asked to speak with Oxford College Dean Steve Bowen concerning the dangers of pedestrian traffic with students crossing from East Village dormitory to the main campus at Haygood Avenue and along Moore Street.

GENERAL

City Manager Form of Government

Oliver reported that he, George Holt, and Jim Windham had met along with the City Clerk to discuss moving toward a more professional form of government with management located in city hall.  Currently, the City Clerk is performing a great deal of a manager’s responsibilities but has no authority to make formal decisions or manage personnel matters that arise from time to time.  Oliver stated that the change to a City Manager form of government could not be initialized until after the 2010 legislative session meets in order to change the city’s charter.  Oliver asked that the committee be allowed to continue exploring options and be prepared to make recommendations by the end of summer.  A suggestion was made that the committee interview local elected officials to ask what has worked and not worked for them.

UTILTIES/PUBLIC WORKS

Water Rates

A motion was made by Smith, seconded by Windham, to increase retail water rates by $.08 cents per thousand gallons sold effective July 1, 2009.  The Council vote unanimous. 

BUILDINGS/GROUNDS

Carter Watkins Change Order

A motion was made by Windham, seconded by Holt, to approve a $3,900.00 invoice from Carter Watkins Architects for additional services for changes to drawings as directed by the Council.  The Council vote unanimous.

MAYOR &. COUNCIL

JUNE 1, 2009

PAGE 5

INVOICES

Routine Monthly Bills Paid

Purchases/Contract Labor

Approved Contracts

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

There being no further business, or discussion, a motion was made by Windham, seconded by Holt, to adjourn at 8:50 p.m.  The Council vote unanimous.

Respectfully submitted,                             Attachment A:              Identity Theft Prevention Program Ordinance

Attachment B:              Stop Street Ordinance

Attachment C:              One-Way Streets Ordinance

Carol A. Poole

City Clerk, CMC

OFFICIAL MINUTES OF THE OXFORD MAYOR AND COUNCIL MEETING
MONDAY, JULY 6, 2009 – 7:30 P.M.
COMMUNITY CENTER, OXFORD, NEWTON, GEORGIA

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

OTHERS PRESENT:  17TH DISTRICT STATE SENATOR, JOHN DOUGLAS; CITY ATTORNEY, DAVID STRICKLAND; DR. L.M. WILLSON AND WENDY WILLSON;  SUPERVISOR UTILITIES/PUBLIC WORKS, JODY A. REID, SR.; DEPUTY CLERK, LAURAN S. WILLIS;  POLICE CHIEF, CLARK R. MILLER;  CLAUDE AND EVA SITTON; MICHAEL DALE, JOHN P. GODFREY, JR.; ERIK OLIVER; AND LATRELLE OLIVER

Pledge of Allegiance

The July 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 Smith, seconded by Davis, for the approval of the agenda for July 6, 2009.  The Council vote unanimous.

A motion was made by Oliver, seconded by Patterson, for the approval of the Minutes of the June 1, 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 June 15, 2009 Special Called Meeting.  The Council vote unanimous.

A motion was made by Oliver, seconded by Patterson, to accept the Minutes of the May 12, 2009 Planning Commission Meeting.  The Council vote unanimous.

2009 MILLAGE

A motion was made by Holt, seconded by Windham, to set the 2009 millage rate at the rollback rate of 5.508%.  The Council vote unanimous.                                                                                    Attachment A

PLANNING COMMISSION RECOMMENDATIONS/PETITIONS
Hoyt Oliver, Liaison
Report:

              •              Oliver reported the Council had approved a moratorium on new construction in Oxford to allow time for revision of city ordinances.
              •              Oliver reported the Council had approved a special conditional use of the property located at 100 Hamill Street owned by the college.
              •              Oliver reported the Council had not approved the college’s request to change the location of the shuttle bus stop, pending a detailed map with description
              •              Oliver reported bids were due to be opened on the new city hall building June 18, 2009.

MAYOR &. COUNCIL
JULY 6, 2009
PAGE 2

Planning Commission continued:

Erik Oliver stated the Planning Commission should have been kept in the loop with the design process of the new city hall building and involved with any decisions for changes.  Oliver added that design changes could adversely affect the cost of construction.

              •              Erik Oliver reported, to the Planning Commission, that the Northeast Georgia Regional Development Center had completed work on a pedestrian/bike trail for Oxford.
              •              Revisions to the zoning ordinances needs to be made in order to bring them in compliance with guidelines from the 2008 ten (10) year comprehensive plan.  A notice will be placed on the city’s web page soliciting interested individuals, or firms, with experience to assist the Planning Commission with ordinance changes.
              •              The Planning Commission discussed several issues including the unincorporated islands within the city limits, the need to understand legal options to annexation of these types of properties, and the issue raised by the Council on residential property owned by the college not used for educational purposes.  A request was made by the Planning Commission to assign the City Clerk in creating a list of properties in Oxford that pay taxes but do not receive city services, and properties that do not pay taxes.
              •              To date, it is unclear as to whether any of the Planning Commission members will be attending the Community Planning Institute seminar in Rome on July 7th and 8th.
              •              The Planning Commission discussed Curtis Jackson’s building on Emory Street that was destroyed by fire on May 30, 2008.  The Planning Commission wanted to remind the Council that, due to the one year time period elapsing, any reconstruction of the building must comply with all current building codes. 

Attorney Strickland stated the safest thing to do is to bring charges against him in Municipal Court, and as part of his consent order, or plea, under the direction of the Judge, and be ordered to comply with existing codes.

CITIZEN PARTICIPATION

John P. Godfrey-405 West Soule Street
Godfrey asked if the city would send a birthday card to resident Annie Banks, Godfrey Street, who just celebrated her 100th birthday.

17TH DISTRICT SENATOR-JOHN DOUGLAS

Douglas informed the Mayor and Council that Judge Samuel (Sammy) D. Ozburn is seeking appointment to the State Supreme Court along with eight (8) others.  Douglas asked that a letter of support from the city be mailed to Governor Sonny Perdue at: 203 State Capital, Atlanta, Georgia 30334, Attn:  Chief of Staff and not cc, but a copy forwarded to Judge Ozburn.

Douglas reported the homeowner’s tax relief grant was not renewed in this year’s session.

MAYOR &. COUNCIL
JULY 6, 2009
PAGE 3

MAYOR’S REPORT

              •              The Mayor attended the GMA Convention in Savannah and took a course on planning and zoning.  Two high points for the Council’s attention:  1) in 1929 the U.S. Supreme Court ruled that the city’s not only have the authority but they have the obligation to determine land use within their city limits. 2) Caution to Council members on zoning petitions not to express any opinions, particularly if they attend Planning Commission meetings.  The reason being, the courts don’t care how you ruled, they want to know what process you went through to make your ruling.
              •              The newly organized Northeast Georgia Regional Commission meets this week.  Mayor Roseberry will attend that meeting as the municipal representative for Newton County.  Cathy Morgan will represent Newton County, and Frank Turner Sr. will be the non-public representative.
              •              There is a newly multi-jurisdictional airport economic development committee.  Roseberry attended the meeting of that committee on July 1st.  They plan to shut down the Covington Municipal Airport for two months while they re-do the runway and the taxi ways.  There was also discussion about future development of the airport and surrounding area.  There is no master plan, but they plan to have one.  Roseberry is also a member of that committee, and hopefully the City of Oxford will be kept informed on what is current there. 
              •              Emory University has paid the $8,775.00 the city billed them for the additional work their contractors created along Moore Street.
              •              Roseberry has a meeting scheduled with the GIS manager this Wednesday.
              •              The state water plan required by EPD has been submitted. 
              •              July work session  was set for July 20th.  Some of the time will be spent on the short-term work plan, and discussion of the reorganization of the city’s administrative management.  A special session may be needed where only reorganization of management is discussed.
              •              The city is moving forward with the clean-up efforts.  A quote has also been received from Miller Grading Company in the amount of $1,650.00 per acre for the clean up of the Coke Street right-of-way behind the Dean’s house and the Sitton’s house.

FINANCE

Council member Holt made a motion asking that the Mayor and Chairman of Finance be given authorization to solicit request for proposals from local banking institutes and followed up with the Georgia Municipal Association for financing options for the new city hall building.  The motion was seconded by Windham.  The Council vote unanimous.

CEMETERY

Council member Patterson informed the members that she had met with Professor Ellen Schattschneider, J.P. Godfrey, and several youths to discuss the youth’s desire to paint the gazebo.  Patterson stated she did not act on the offer because of liability concerns.


MAYOR &. COUNCIL
JULY 6, 2009
PAGE 4

Cemetery continued:

John Burson, member of the Oxford Historical Cemetery Foundation, requested the city examine lot #256 in the southeastern section of the cemetery and remove a Bradford pear tree which is causing the headstone in that lot to lean.  Burson also requested the removal of a dead Cherry Laurel tree southwest of the well in the southeastern section. 

ORDINANCES

1st Reading:  To Establish Due Compensation Applicable To Any Telegraph or Telephone Company
Oliver presented the 1st reading of a new ordinance “Establishing due compensation applicable to any telegraph or telephone company chartered by the laws of this or any other state”.

1st Reading: Streets, Sidewalks and Other Public Places
Oliver presented the 1st reading of a new ordinance “Streets Sidewalks and Other Public Places” which would enable the city to administer and regulate the public rights-of-ways in the public interest, and to provide for the issuance and regulation of right-of-way permits.

OCCUPATIONAL TAX APPLICATIONS

The Belcher 101 Cleaning (Sheila Belcher)-110 Oxford North Road
Application for a customary home occupation license from Sheila Belcher for basic and deep cleaning, 110 Oxford North Road was discussed.  A motion was made by Oliver, seconded by Holt, to approve the application for The Belcher 101 Cleaning license pending verification that types of supplies stored on site are non hazardous.  The Council vote unanimous.

A.R. Hunte & Sons Home Improvement-142 Longstreet Circle
A.R. Hunte & Sons Home Improvement, 142 Longstreet Circle, for internal home remodeling was discussed.  A motion was made by Oliver, seconded by Smith, to approve the application for A.R. Hunte  & Sons Home Improvement pending verification that no heavy equipment is to be stored on the property.  The Council vote unanimous.

CITY HALL PROJECT

Windham reported bids for the new city hall building have been received.  The bids ranged from $1.4 million dollars to $1.9 million dollars.  An interview meeting is scheduled for Tuesday, July 14th with the architects, building committee, and four (4) selected bidders.  The committee will then meet to discuss a proposed recommendation which will be presented at the August Mayor and Council Meeting.

UTILITIES/PUBLIC WORKS

Councilman Smith informed the members that progress is being made with the sewer mapping project and the cost is still within budget.  Attempts are underway to locate fifteen manholes covered under asphalt.
MAYOR &. COUNCIL
JULY 6, 2009
PAGE 5

STORM WATER MANAGEMENT

Councilman Oliver reported that the City of Oxford Storm Water Management Program is now under the supervision of a newly-assigned Environmental Compliance Specialist with the Environmental Protection Division, Georgia Department of Natural Resources.

In a letter of May 28th to Mayor Roseberry, this supervisor sent ten (10) pages of comments on needed corrections, revisions, and additions to the City of Oxford Storm Water Management Georgia Notice of Intent (GaNOI) and Oxford’s 2008 Annual Report on Storm Water Management.  During the month of June, Oliver spent about thirty five (35) hours working on revising the Storm Water Management documentation.  On June 29th, Oliver mailed, to Georgia E.P.D., a ninety-three (93) page reply with most of the requested changes and additions. (Oliver stated the entire lengthy correspondence is on file at City Hall, for anyone who wants to read it).

One significant addition to Oxford’s Storm Water Management Program was the creation of a Manual of Standard Operating Procedures for Storm Water Management.  A copy of this Manual has been given to the Mayor and to each member of the City Council.  A copy will be kept in the City Maintenance Facility, for the use of the City Supervisor of Utilities and Public Works and his staff.  Report forms on storm water management activities during the year will be kept on file at the Maintenance Facility and at City Hall, and information will be included in the Annual Storm Water Management Report to Georgia E.P.D.             
                                                                                                                              Attachment B

STREETS

Haygood Avenue Sidewalk
Windham advised the members that the contractor Oxford College hired to install the sidewalk on Haygood Avenue, at the new dorm, left the sidewalk higher than ground level. One of the members of the council had an accident on his bicycle because of that lift, trying to avoid some of the parade traffic.  Windham requested notification be sent to the college informing them of the danger.

Hazardous Tree Removal
Quotes were received from Monroe Tree Works for the removal of fourteen (14) hazardous trees at a cost of $3,500.00. A motion was made by Windham, seconded by Davis, for approval.  The Council vote unanimous.

Monroe Tree Works also submitted a quote for on going tree services at an hourly rate of $300.00 with a minimum of three (3) hours.  After hours emergencies would be calculated a bit higher.  After a brief discussion, a motion was made by Windham, seconded by Holt, to request the Tree Committee to prepare and advertise request for proposals before the council makes any decisions to enter into a contractual agreement.  The Council vote unanimous.

J.P. Godfrey requested the city pay for weed killer for him to spray around the riprap along the walking trail at West Soule Street where no maintenance is being done.

MAYOR &. COUNCIL
JULY 6, 2009
PAGE 6

CERTIFICATES-PERSONNEL

Jody Reid                                          MEAG Power ITS Qualified Operator Training Course Re-qualification
Scottie Croy                                          MEAG Power Substation Low-side Qualified Operator Training Course
Dawn Towns                                          Introduction to Crystal Reports 10
Davis Durham}
Archie Ballard}                                          Evaluating Tree Health and Condition Workshop
Scottie Croy}
Jim Windham}

INVOICES

Routine Monthly Bills Paid

Purchases/Contract Labor

Approved Contracts

A motion was made by Windham, seconded by Oliver, for approval.  The Council vote five (5) yes, with Smith casting one (1) no vote.  The motion carried.
MAYOR &. COUNCIL
JULY 6, 2009
PAGE 7

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

Respectfully submitted,



Carol A. Poole
City Clerk, CMC

Attachment A:              Computation of Millage Rate Rollback and Percentage Increase in Property Taxes for Year 2009

Attachment B:              Storm Water Management Standard Operating Procedures

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
PAGE 3

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
PAGE 5

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
PAGE 6

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
PAGE 7

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

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
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INVOICES</sup>