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NORTH CAROLINA GRANVILLE COUNTY CITY OF OXFORD Oxford City Hall ­ Commissioners' Board Room 300 Williamsboro Street TUESDAY, FEBRUARY 9, 2010 ­ 7:00 P.M. REGULAR MEETING OF THE OXFORD BOARD OF COMMISSIONERS The Board of Commissioners for the City of Oxford met at the above-mentioned time and place. All members of the Board and local news media were notified of the same as well as the purpose of the meeting. Present were: Mayor Al Woodlief, Jr., Mayor Pro Tem Howard Herring, Sr., Commissioners Robert B. Williford, Sr., Walter Cantley, Jackie Sergent, Danny Currin, Ron Bullock, and Calvin Harris, Jr. Present also were City Manager Mark Donham, City Clerk Donna B. Hosch, and City Attorney Thomas Burnette. CALL TO ORDER Mayor Woodlief called the meeting to order and pointed out pictures of past Boards which now hang on the walls of the Board Room. This practice began when the Mayor came to office, and he stated he hoped it would continue. Mayor Woodlief stated David Cottrell and the street crew did a great job of keeping the streets open during the recent snow storm. Prayer was given by Rev. Phillip Betts, City Chaplain. The Pledge of Allegiance followed. CONSENT AGENDA APPROVED Mayor Pro Tem Herring read the Resolution in Support of the Offender Focus Initiative. He thanked the Board for their consent of the Resolution and also thanked Police Chief John Wolford for his law enforcement efforts in bringing the Initiative to fruition. A) B) Meeting Minutes of the January 4, 2010 Agenda Session, the January 12, 2010 Monthly Financial Report by Finance Office McNally Regular Session, and the first session of the 2010 Retreat held on January 14, 2010.

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C) Tax Releases as requested by Salon Matise for $48.64 and John and Wilma Moore for $125.72 D) Amendment of City Ordinance Chapter 13: Licenses, Taxation and Business Regulations, Appendix A, Schedule C: Privilege license taxes limited by city ordinance to include a $500 per machine fee for Internet Access or Cyber/Internet Sweepstakes providers

ORDINANCE NO. 02-01-10 ADOPTED: 02-09-10 EFFECTIVE: 02-09-10 AN ORDINANCE TO AMEND THE FEE SCHEDULE OF THE CITY OF OXFORD, NORTH CAROLINA CODE OF ORDINANCES WHEREAS, on June 9, 2009, the Board of Commissioners adopted the Budget Ordinance making appropriations for certain expenses, capital improvements, and indebtedness for the year beginning July 1, 2009 and ending June 30, 2010; and WHEREAS, the Fee Schedule incorporated by reference sets forth appropriate licensing fees and privilege taxes for various businesses operating within the corporate boundaries; and WHEREAS, the need has arisen for the creation of a new category of business to be included in the Fee Schedule; NOW THEREFORE, BE IT Commissioners of the City of Oxford: ORDAINED by the Board of

1. Schedule C is hereby amended to include: Internet Access or Cyber/Internet Sweepstakes providers: $500.00 per machine. Any for-profit business having as a substantial part of its operation, whether as a principal or accessory use, the running of one or more games or processes, by use of electronic machines, including but not limited to, computers and gaming terminals, with any of the following characteristics: (a) For payment, directly or indirectly, or as an intended addition to the purchase of a product, the customer receives one or more electronic sweepstakes, and without which item the customer would be unable to enter the sweepstakes; or (b) For payment, directly or indirectly, or as an intended addition to the purchase of a product, the customer can request a "no purchase necessary" free entry of one or more sweepstakes tickets or other items entitling the customer to enter a sweepstakes. 2. This ordinance does not apply to any game or process prohibited by N.C.G.S. §14-304 through 309 and does not include the North Carolina Education Lottery.

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3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. 4. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions thereof. 5. The enactment of this ordinance shall in no way affect the running of any amortization provisions or enforcement actions, or otherwise cure any existing municipal coded violations. 6. This ordinance shall be in full force and effect from and after the date of its adoption. Adopted this 9th day of February 2010.

E) Adoption of a Resolution in support of the Offender Focus Initiative

RESOLUTION IN SUPPORT OF THE OFFENDER FOCUS INITIATIVE ~ ~ ~ ~ ~ ~ ~ ~ WHEREAS, the City of Oxford's Mayor and Board of Commissioners wish to publicly offer wholehearted support and future consideration for potential seed funding for a program dubbed the Offender Focus Initiative; and WHEREAS, this program was initiated under the umbrella of the Granville County Gang Prevention Partnership led by the Oxford Police Department; and WHEREAS, this program, a hybrid of the highly successful and well-researched and award winning High Point West End Initiative, is focused on a concept called "Focused Deterrence", and WHEREAS, through the leadership of local law enforcement and a vast array of community leaders, organizations, churches, and citizens from through Granville County, the Offender Focus Initiative has clearly been identified as a crime prevention program that can have a direct impact on criminal behavior in our community; and WHEREAS, this program is directed toward repeat offenders and attempts to provide realistic alternatives to offenders focused on choices in a setting that challenges their mindset with regard to their criminal lifestyle and its impact on the community at large; NOW, THEREFORE, BE IT RESOLVED that the City of Oxford challenges all local governing bodies, agencies, and citizens in Granville County to support this truly collaborative crime prevention program and to consider support in whatever way possible to move this program forward. Adopted this ninth day of February 2010.

MPT HERRING MADE A MOTION TO APPROVE THE CONSENT AGENDA. ALL VOTES WERE IN THE AFFIRMATIVE. THE MOTION CARRIED.

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MAYOR'S YARD OF THE MONTH Mayor Woodlief presented this month's award to Jimmy Rudder on behalf of him and his wife, Tannis, for the overall attractiveness of their yard at 409 Forest Road. He stated that the YOM sign will be placed in their yard and a picture of the yard will be published in the Oxford Ledger. PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE PERIOD ENDING JUNE 30, 2009 Jim Winston of Winston Williams Creech Evans & Company, LLP, auditors for the City, expressed his appreciation for the opportunity to serve the City. Winston's firm met with the Finance Department and the Finance Committee and presented its findings. Winston stated the City has done a good job of managing through the economy, especially over the past 18 months. A PowerPoint presentation followed:

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STREET RESURFACING FOR THE SPRING OF 2010 APPROVED The City contracted with ITRE to survey the City's entire street system and to rank the streets in priority order by pavement distress. The Public Works Committee and staff recommend placing out bids for 10 of the first 13 street sections as shown, with an estimated cost of $200,000.

Street Resurfacing Recommendations - January 2010 Street East Dale Drive Maple Drive Sycamore Street Taylor Street Penn Avenue Eastway Drive Greenfield Court West College Street Mimosa Street Ward Avenue From Pine Tree Road Lewis Street Linden Avenue Lanier Street Coleman Street Hillside Drive Meadow Heights Baker Street Orange Street Whitfield Drive To Ward Avenue Cross Street Granville Street Thomas Street Elmwood Cemetery Person Street entire Cul De Sac Crescent Drive Elm Street East Dale Street Estimated Cost $16,806.00 $43,132.00 $13,237.00 $18,964.00 $13,470.00 $22,314.00 $9,728.00 $24,813.00 $13,526.00 $23,488.00 Cumulative Cost $16,806.00 $59,938.00 $73,175.00 $92,139.00 $105,609.00 $127,923.00 $137,651.00 $162,464.00 $175,990.00 $199,478.00

COMMISSIONER WILLIFORD MADE A MOTION TO APPROVE THE RESURFACING. ALL VOTES WERE IN THE AFFIRMATIVE. THE MOTION CARRIED.

BUDGET AMENDMENT FOR $7,000 APPROVED TO REPLACE A VALVE ACTUATOR AT STOVALL VALVE VAULT The sump pump in the Stovall valve vault failed, the vault flooded, and the valve actuator was damaged and had to be replaced.

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COMMISSIONER CANTLEY MADE A MOTION TO APPROVE THE BUDGET AMENDMENT. ALL VOTES WERE IN THE AFFIRMATIVE. THE MOTION CARRIED. BUDGET AMENDMENT ACCT NO. 30827352 30399000 DESCRIPTION Equipment Maint & Rep Approp Fund Balance INCREASE $7,000.00 $7,000.00 DECREASE

BUDGET AMENDMENT IN THE AMOUNT OF $4,000 APPROVED FOR A REVISED OTHER POST EMPLOYMENT BENEFIT STUDY CM Donham stated it is required by State law to perform this study every two years and that this is important to understanding the liabilities of the City.

COMMISSIONER CURRIN MADE A MOTION TO APPROVE THE BUDGET AMENDMENT. ALL VOTES WERE IN THE AFFIRMATIVE. THE MOTION CARRIED. BUDGET AMENDMENT ACCT NO. 10442203 10399000 DESCRIPTION Contract Labor Approp Fund Balance INCREASE $4,000.00 $4,000.00 DECREASE

BUDGET AMENDMENT IN THE AMOUNT OF $4,740 APPROVED TO HIRE AN ARCHITECT TO DEVELOP PLANS FOR GYM IMPROVEMENTS Commissioner Sergent stated that capital improvements are a part of the Parks and Recreation 3-5 Year Capital Improvement Plan. In order to move forward to bring in grant funds when they become available, it is necessary to know what improvements need to be made at the gym. There are no existing plans of the building and the structure needs to be mapped. CM Donham stated this phase can be funded. Commissioner Sergent suggested a three-phase approach. The first phase would entail blueprints as well as a report which would discuss structural elements. Phase two would be an analysis of what improvements could be made. Phase three would be completion of the approved improvements. Commissioner Sergent suggested that grant funds may be available for completing phases two and three, and these phases would only be addressed as funds

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become available. City Attorney Burnette stated he did not see anything wrong with this approach.

COMMISSIONER SERGENT MADE A MOTION TO APPROVE THE BUDGET AMENDMENT. ALL VOTES WERE IN THE AFFIRMATIVE; THE MOTION PASSED.

CITY STRATEGIC ENERGY AND WATER MANAGEMENT PLAN ADOPTED CM Donham stated Kenny Manning of Buildings and Grounds worked on this plan. The State has provided an opportunity for cities to have the analysis done, and this would put the City in a position for energy-saving projects that would be funded via grants.

COMMISSIONER WILLIFORD MADE A MOTION TO ADOPT THE PLAN. ALL VOTES WERE IN THE AFFIRMATIVE; THE MOTION PASSED.

ONE-TIME PER YEAR CHARGE EXEMPTION APPROVED FOR THE FILLING OF SWIMMING POOLS The Mayor explained that this would eliminate City employees filling swimming pools. Residents would fill their pools themselves, and the City would reduce the sewer charge once per year for the filling.

COMMISSIONER CANTLEY MADE A MOTION TO APPROVE THIS POLICY CHANGE. ALL VOTES WERE IN THE AFFIRMATIVE; THE MOTION PASSED.

INCREASED DEPOSIT AMOUNTS APPROVED FOR ESTABLISHING WATER/SEWER SERVICE FOR NEW CUSTOMERS Mayor Woodlief pointed out that customers would continue to have 100% of their deposits credited to their accounts after a year with no cutoffs.

COMMISSIONER CURRIN MADE A MOTION TO APPROVE THE INCREASES. ALL VOTES WERE IN THE AFFIRMATIVE; THE MOTION PASSED.

Deposit Increases for Water/Sewer Accounts

Customer Type Inside Residence Inside Residence Inside Residence Outside Residence Outside Residence Outside Residence Commercial Commercial Service Type Water & Sewer Water Only Sewer Only Water & Sewer Water Only Sewer Only Heavy User Light User Current Rate $75 $25 $50 $90 $40 $50 $300 $75 Proposed Rate $150 $50 $100 $180 $80 $100 $600 $150

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INCREASED DISCONNECT/RECONNECT FEE APPROVED FOR MULTIPLE CUTOFF CUSTOMERS Mayor Woodlief stated that this increase is not intended to punish customers especially in these hard times. This is, however, an encouragement for them to pay on time. If there are problems, hopefully customers will contact the Finance Department to work out their payment. Finance Director McNally stated that about 80-100 people during a month are repeat offenders and that these can be homeowners as well as renters. The fee would be increased from $25 to $50 when a customer's water is cut off two or more times. Commissioner Sergent asked if this increase would cover the City's cost of disconnects and reconnects. The Mayor explained that the charge would be too high to customers if the City were to recoup its actual charges in man hours seeing as the City has been out until 7:00 p.m. making reconnects. The Mayor also stated it has been discussed in the past that if payment is not made by Friday, the customer would not have their water turned back on until Monday.

COMMISSIONER CURRIN MADE A MOTION TO APPROVE THE INCREASE. ALL VOTES WERE IN THE AFFIRMATIVE; THE MOTION PASSED.

DISCUSSION ON THE CUTTING OF TREES AT ELMWOOD CEMETERY Commissioner Cantley stated that in the past the City has cut trees at the cemetery without charge or a request for payment. Since the precedent has been set and has been used for over 100 years, he wished to see the current request to cut a tree at the cemetery honored without charge to the property owner.

COMMISSIONER CANTLEY MADE A MOTION FOR THE CITY TO CUT THE REQUESTED TREE WITHOUT CHARGE TO THE PROPERTY OWNERS.

Discussion followed the motion:

·

It is not fair to ask taxpayers to remove trees on plots owned by an individual or family. What has been done in the past should cease and the City should follow the guidelines of its policy. This is an issue of public money being used for private gain and that is unacceptable. Grass being cut by a City is common practice; this is the law and it is practical.

·

·

·

Mayor Woodlief stated that it is common for individuals to request the City to cut trees on their private property, but this is something the City does not do. This particular family has owned the plot for a long time, and the tree is taking up a burial plot. It would involve removing

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the entire tree at a cost of approximately $1,800. If the City cuts this tree, it will be faced with requests from people who have been denied asking for the same thing. When the City took ownership of the cemetery, State law said that the dead must be looked after for hereafter. Therefore, the cemetery needed to be mowed and kept looking decent. The Mayor stated he agrees with the Attorney and City Manager that the cutting of this tree is not the responsibility of the City. Discussion continued:

·

The only way the City would touch this particular tree is if it becomes a danger to the public (i.e., the limbs hang over into the street or sidewalk). Commissioner Cantley stated he was only asking for the limbs to be cut, not the entire tree.

·

Mayor Woodlief stated he has been in contact with Representative Jimmy Crawford for a proposal in the next long session that any lot with no activity for 75 years could be reclaimed by the City. Half of the cemetery at this moment is not being used. At one point, discussion was to place a columbarium in Elmwood, but the Board ultimately voted against the idea. The columbarium would have cost the City $10,000 but brought in $70,000. Several churches now have columbariums which can hold up to 75 people. The City may need to reconsider this with the change in the economy. More people may be cremated because it is more cost effective. CM Donham restated that the original request to him was that the City remove the tree completely; and even though this has been done in the past, it is now his responsibility to uphold City policy. CM Donham restated that the attorney also agreed the City should not remove the tree.

COMMISSIONER CANTLEY'S MOTION TO REMOVE THE TREE WAS RESTATED. COMMISSIONERS CANTLEY AND BULLOCK VOTED IN THE AFFIRMATIVE; COMMISSIONERS HERRING, WILLIFORD, CURRIN, SERGENT, AND HARRIS VOTED IN THE NEGATIVE. THE MOTION FAILED.

OTHER BUSINESS Mayor Woodlief stated that the second session of the Retreat will be held on Thursday, February 25th from 12 noon until approximately 6:00 p.m. in the Training Room at City Hall. Items for discussion will be what the Board wants to see the City accomplish in the upcoming budget year.

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ADJOURNMENT

WITH THERE BEING NO FURTHER BUSINESS, COMMISSIONER HARRIS MADE A MOTION TO ADJOURN. ALL VOTES WERE IN THE AFFIRMATIVE; THE MOTION PASSED.

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