December 2009

OFFICIAL MINUTES OF THE OXFORD MAYOR AND COUNCIL

MONDAY, DECEMBER 7, 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:  C. DAVID STRICKLAND, CITY ATTORNEY; JAMES GRIFFIN, ATTORNEY;  CLARK R. MILLER, POLICE CHIEF; LAURAN S. WILLIS, DEPUTY CLERK; JODY A. REID, SR., SUPERVISOR UTILITIES/PUBLIC WORKS; ANTHONY AND ELLEN SINYARD; NANETTE WATSON; THOMAS W. TURNER; GENE GADILHE; ANDERSON WRIGHT; ERIK OLIVER; J.P. GODFREY, JR.; DR. L.M. WILLSON; BRIAN AND SUE DALE; VIVIAN HARRIS; AND TWO (2) COMMUNITY SERVICE WORKERS


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


Pledge of Allegiance


A motion was made by Smith, seconded by Holt, to approve the agenda to include the addendum items.  The Council vote unanimous.

 

A motion followed by Oliver, and seconded by Patterson, to include an invoice from the Georgia Municipal Association for the 2010 Workers’ Compensation renewal.  The Council vote unanimous.

 

A motion was made by Windham, seconded by Smith, for the approval of the Minutes of the November 2, 2009 Mayor and Council Meeting.  The Council vote unanimous.

 

A motion was made by Windham, seconded by Smith, for the approval of the Minutes of the Special Called Meeting of November 16, 2009.  The Council vote unanimous.

 

A motion was made by Patterson, seconded by Windham, for the approvel of the Minutes of the Public Hearing of November 23, 2009.  The Council vote unanimous.

 

A motion was made by Oliver, seconded by Windham, to accept the Planning Commission Minutes of October 13, 2009.  The Council vote unanimous.

 

2009 BUDGET AMENDMENTS


A motion was made by Windham, seconded by Smith, to approve amendments to the 2009 Operating Budget.  The Council vote unanimous. Attachment A

 

2010 OPERATING BUDGET


A motion was made by Smith, seconded by Windham, for the adoption of the 2010 Operating Budget.  The Council vote unanimous.     Attachment B


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PLANNING COMMISSION RECOMMENDATIONS/PETITIONS


Liaison Hoyt Oliver reminded the members that a called work session has been scheduled for Tuesday, December 8, 2009 concurrent with the Planning Commission Meeting.  The Council and Commission will   meet with representatives from Robert&Company/Jerry Weitz&Associates to discuss their proposed services for the re-write of the official zoning ordinances.

 

Planning Commission Appointments


A motion was made by Oliver, seconded by Holt, for the re-appointment of Vivian Harris, David Eady, and Erik Oliver to serve on the Oxford Planning Commission for an additional three (3) year term.  The Council vote unanimous.  Oliver also stated Pat Womack had expressed a verbal interest in serving.


NANETTE WATSON-1008 NORTH EMORY STREET


Ms. Watson requested a consideration for zoning changes for property located at 1008 North Emory Street (Orna Villa) for prospective buyers Ellen and Tony Sinyard to use as a Wedding/Events Venue.  Watson said the Sinyard’s had said they see the historical aspects of Orna Villa as attractive to their clients similar to Magnolia Hall in Social Circle and Burge Plantation in Monticello.  Watson stated she feels her request for zoning changes would fit in with the same objectives for enhancement of the city such as maintaining the character of the city; creating a positive economic impact; allowing for increased visibility (on site and in various event/wedding publications); and the historic preservation of the property.


Anthony Sinyard (prospective buyer) also approached the Council and informed them that he and his wife live in Newton County and would like to invest back into the county.  Sinyard reported they have $480,000.00 + booked next year for weddings.  Sinyard stated no radical changes would be made to the property.  Plans would include improvements to the driveway and adding a pavilion.   Mrs. Sinyard would maintain an office on site.  No one would be living there.


Oliver asked if there had been any thoughts for parking arranagements.  Sinyard stated they were also interested in the adjacent ten (10) areas.  Sinyard also stated they would consider donating the back side of the property for the city’s walking trail.


Erik Oliver informed the Sinyards that the visioning concept on the city’s web page was prepared by the University of Georgia’s Design Team and was never formally adopted by the city.


The Sinyard’s were directed to present their request to the Planning Commission on December 8th.


ACTIVE TRANSPORTATION PLAN (NEGRDC)

Erik Oliver presented a presentation of the Northeast Georgia Regional Development Center’s Bicycle and Pedestrian Plan for Oxford.  Oliver reported the plan would create a walkable community and promote community connectivity with sidewalks for pedestrian and bicycle facilities.


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Transportation Plan continued


Key Areas in the plan include:

1.    A safer crosswalk at the intersection of Emory  and West Soule Streets by installing a formalized cross walk system;

2.    Recommendations for the city to work with the Department of Transportation in painting a “sharrows” - - - - path along the state highway for bicycles; and

3.    Efforts to connect the walks to the multi use trail system.


Georgia Department of Community Affairs grants along with other grant sources are possibilities to assist in the cost associated with the project.


GENERAL


MULTI-JURISDICTIONAL SOLID WASTE MANAGEMENT PLAN


James Griffin-Law Firm of Tommy Craig

Griffin addressed the Council with recommendations for adopting amendments to the Multi-Jurisdictional Solid Waste Management Plan of Newton County and its municipalities.  Griffin reported the plan needs to be amended further in order to comply with State requirements in modifying the permit from the Environmental Protection Division of the Department of Natural Resources for the operation of the Newton County Landfill at 205 Lower River Road, Covington, Newton County, Georgia.


Questions were raised as to the number of acres the current landfill is (239); number of years remaining (20-40); and any additional land purchasing needs (no time soon). 


Also discussed-Newton County will limit the number of solid waste transfer trucks trafficking on the strategic road between the hours of 7:00 a.m. and 7:00 p.m. to volumes generated by in-county waste disposal needs. And, Unless the facility has received a Section 404 permit from the Corps of Engineers and an Section 401 water quality certification from the Georgia Department of Natural Resources, Environmental Protection Division, no solid waste management facility shall be located in a wetland, or within 250 feet of a wetland, as wetlands are defined by the Code of Federal Regulations, 33 CFR part 328.3(b). Newton County’s landfill does not produce enough methane energy to be cost effect for resale.  Griffin said only a few hundred tons per day are disposed of.


A motion was made by Oliver, seconded by Windham for approval of amendments to the Multi-Jurisdictional Solid Waste Management Plan of Newton County and its Municipalities.  The Council vote unanimous.     Attachment C

 

WORK SESSION

Mayor Roseberry reminded the members that a Special Work Session was scheduled for Tuesday, December 8, 2009 at 7:00 p.m. concurrent with the Planning Commission Meeting.



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GEORGIA FORESTRY GRANT APPLICATION

Council elect Sue Dale informed the Council that Debbie Bell submitted a grant application to the Georgia Forestry Division on behalf of the city.  The amount of request is $10,609.00 for the purchase of twenty three (23), 2” caliper trees.


SENATOR JOHN DOUGLAS

Department of Transportation- District Engineer Tony Collins contacted Mayor Roseberry, at the request of Senator Douglas, and informed Roseberry that the D.O.T. has no future plans for re-routing traffic from Highway #81 north.  The only alternative at this point is for the D.O.T. to look into placing more signage along the highway.  Douglas said the D.O.T. would opt for the city to take over the highway from south city limits, north, to Highway #142. 


FINANCE

Centralized Purchasing Ordinance

Council member Holt said the Finance Committee was looking into making recommendation to changes to the Code of Ordinance Article V. Centralized Purchasing.  The recommendation would be to change Section 4-504 Approval Procedure to allow the City Administrator to review bids for approval up to $5,000.00.  After some discussion, it was decided that additional suggestions should be heard at the next work session.


Community Center Financing

Mayor Roseberry presented an overview of bid proposals solicited by the Georgia Municipal Association for the $600,000.00 financing of the new Community Center Building.  Roseberry informed the Council that the city can only borrow 7 ½ % equal to the total annual governmental revenues. BB&T and United Bank were the only two interested bidders.  All other invitees declined to bid.  United Bank offered 12 months construction loan at 3.89% with monthly interest only payments, followed by 10 year loan at 5.116% rate.  (Construction expected to last nine months or less).  BB&T will deposit full amount of loan into a project fund account and earnings on the project fund will accrue to the City of Oxford with the city paying interest on the full amount of the loan.  The net difference: BB&T total interest costs-$136,050.00.  United Bank interest cost-$188,266.20. BB&T loan is from $30,211 to $49,216 less depending on several variables.  The loan must close before December 31, 2009.  It is a requirement to advertise two weeks prior to closing.  The recommendation is for the council to vote on the selection at the December 7th meeting and then the Mayor would advise GMA on December 8th of the Council’s decision.


A motion was made by Oliver, seconded by Windham, to amend the agenda further to include a Resolution for financing the new community center building.  The Council vote unanimous.

 

A motion was then made by Oliver, seconded by Davis, to adopt a resolution to enter into a contract for financing of the new community center building.  The Council vote unanimous.

 

A motion was also made by Oliver, and seconded by Holt, to accept the proposal from BB&T as the lender for the financing of the new community center building.  The Council vote unanimous.

 

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ZONING ORDINANCE RE-WRITE

Oliver moved that the Mayor and the City Administrator, in consultation with the City Attorney, and following discussion of the Planning Commission, execute and agreement with Robert&Company/Jerry Weitz.  After discussion, Oliver amended the motion to say the contract would be submitted after clarification is obtained.  Attorney Strickland said the wording in the contract was a little fuzzy and suggested the contract be a little more defined.  Strickland also advised the Council not to approve the contract tonight until after the Planning Commission hears the scope of work first.  After additional discussion, Oliver withdrew the motion.   Oliver then substituted a motion that the City Attorney be authorized to work with the proposed contractor Robert&Company to be approved by the Mayor and Council when it’s in its proper form.  The motion was seconded by Holt.  The Council vote unanimous.

 

PERSONNEL

Oliver called for a motion on the following recommendations of the Personnel Committee:

1.    To give a performance recognition one-time award to all regular employees who have achieved ratings of satisfactory in evaluations.  Award to be $300.00 for full-time employees and proportionate amount for part-time employees. (Excluded are-City Attorney, Judge, Solicitor, and temporary employees.  Awards to be given in December.

2.    Job Description change title from Supervisor of Public Works and Utilities to Department Head, Public Works and Utilities.  In acknowledgement of increased responsibilities of this position, increase salary from 23-C to 23-D for a six (6) month period beginning in January, 2010.  Department Head to meet with the Personnel Committee and City Clerk in January to discuss and agree upon responsibilities and expected performance.  At the end of six (6) months, work of Department Head will be reviewed by Personnel Committee and City Clerk.  If performance has been satisfactory, salary to be increased from 23-D to 23-E for the remainder of 2010.  If less than satisfactory, salary to remain at 23-D.

3.    In recognition of advanced training and satisfactory work performance, award to Scottie Croy a performance increase from  11-L to 11-M.

4.    Position adjustment for Deputy Clerk-increase pay from 14-L to 14-M.

5.    Position adjustment for Associate Clerk position currently held by Stacey Mullen-increase pay from 12-I to 12-K.

6.    Add new entry-level position to City Hall staff, at time during the year deemed appropriate by City Clerk.

A motion was made by Holt, seconded by Davis to approve the recommendations of the Personnel Committee with awards given in December and performance and adjustments effective January 1, 2010.  The Council vote unanimous.

 

UTILITIES

City Hall/Community Center Materials for Underground Electrical Utilities

Smith presented quotes for the material cost for electrical service to the new city hall/community center building:

1.    Gresco Utility Supply Inc.      $8,447.00

2.    Stuart C. Irby Co.     8,904.00

3.    HD Utilities Supply     9,578.60

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Electrical Materials continued

A motion was made by Smith, seconded by Windham to approve the quote from Gresco Utility Supply Inc. in the amount of $8,447.00 for the electrical materials needed for underground services to the new city hall/community center building.  The Council vote unanimous.

 

BUILDINGS

Old Church

Windham presented a request from the Oxford Historical Shrine Society for the city to assume the city’s cost of services to Old Church (electric/water/sanitation) since it is a city owned property and only maintained by the Shrine Society. Windham made a motion for approval.  After a brief discussion, Windham amended the motion to state:  for the city to amend the lease with the Shrine Society in order for the city to absorb the cost of  those utilities supplied to Old Church by the City of Oxford.  The motion was seconded by Oliver.  The Council  four (4) yes, with Davis and Smith abstaining.  The motion carried.

 

INVOICES     Routine Monthly Bills Paid

   VENDOR

   DESCRIPTION

  AMOUNT

AT&T

Communications Expense

$1,260.75

GMEBS/Trust Fund

Employee Retirement Plan

   5,681.59

N.C. Board of Commissioners

Landfill Fees-October

   1,257.20

N.C. Cornish Creek Water Fund

Wholesale Water-October

10,150.00

N.C.Water & Sewerage Authority

Sewer Treatment Fees

   6,650.00

Southeastern Power Admin.

SEPA Power-October

   2,622.94

United Health Care of Georgia

Employee Health-December

   8,339.44(Includes employee cost for dependant coverage)

Purchases/Contract Labor

Alexander & Royston

Attorney Fees-October

$3,263.50

Alexander & Royston

Attorney Fees-November

   1,605.25

Associated Staffing Services

Temporary Hire 11/02-11/20

   1,504.85

Consolidated Pipe

Water Supplies

   1,112.20

Woco Pep Oil Company

Gasoline Purchases

   4,305.90

Approved Contracts

Allen Smith Consulting

Administration CDBG 10/29

$3,200.00 (Paid By DCA)

Allen Smith Consulting

Administration CDBG 11/30

   3,000.00 (Paid By DCA)

Georgia Municipal Association

Workers’ Comp Renewal 01/01/2010

22,088.00

M. Qader Baig

Court Solicitor-July/Sept

   1,200.00

 

 

A motion was made by Holt, seconded by Davis to approve the invoice for the Georgia Municipal Association Workers’ Compensation renewal.  The Council vote unanimous.

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Invoices continued

 

A motion was made by Smith, seconded by Patterson for the approval of all other invoices.  The Council vote unanimous.

 

There being no further business or discussion, the meeting adjourned at 9:25 p.m.

 

Respectfully submitted,

 

 

 

Carol A. Poole

City Clerk/CMC

 

Attachment A:  2009 Operating Budget Amendments

Attachment B:   2010 Operating Budget

Attachment C:   Multi-Jurisdictional Solid Waste Management Plan