The Town of Newborn
Council Meeting
May 3, 2010
Minutes
Present: Mayor Sheridan, MPT Donaldson, CP Ellwanger, CP Krieger, CP Downs,
Clerk Elisa Rowe, Attorney Joe Reitman, Deputy Doug Clifton
Citizens: Approximately 17 citizens were present
I. CALL TO ORDER: Mayor Sheridan called the meeting to order at 7PM
II. INVOCATION: MPT Donaldson
III. PLEDGE OF ALLEGIANCE:
IV. APPROVAL OF MINUTES:
April 5th Council meeting: Motion made by CP Ellwanger to accept the minutes.
Motion: CP Ellwanger Second: CP Downs Approved: 5-0-0
April 19th Work Session: Motion made by CP Ellwanger to accept the minutes.
Motion: CP Ellwanger Second: CP Downs Approved: 5-0-0
V. OLD BUSINESS:
A. Deputy Doug Clifton to update Mayor, Council and citizens on the activities for the month of April:
Deputy Clifton informed the Mayor, Council and citizens that the neighborhood watch signs have arrived, and that they will be placed at all the main entrances to the Town and the main highways. Deputy Clifton added that he hopes to have the signs up within the next week or so. Deputy Clifton stated that there will be a block captain meeting on Thursday, May 6th at 7PM and that they would like to have a large neighborhood watch meeting every 2-3 months to stay up to date on what is going on in Newborn. Deputy Clifton added that all the neighborhood watch information will also be posted on the Town website (i.e. block captain information, meetings, things going on, alerts, etc.) Deputy Clifton stated that he would also like to have a place made available on the website for a complaint form that he can check from home when he is not able to come to Newborn everyday to check the drop box at the precinct. Deputy Clifton stated that the Sheriff’s department has had budget cuts, he is only one deputy and he has a lot of responsibilities in the County, but the Sheriff is adamant about him being here in support for you and being a resource. Deputy Clifton stated that he there have been a lot of issues about speeding on North Johnson. A speed trailer has been put out there to keep track of the numbers. Deputy Clifton added that he gets complaints of speeding at all times, but he needs more specific times in order for him to target as he does not have the ability to just sit down here for a 10 hour shift, it is just not feasible and that is the reality of it. There has also been an issue of loud parties / music. Deputy Clifton informed everyone that he has personally gone to a home on North Johnson and took care of it, and from what he understands, the partying has stopped. Deputy Clifton added that as a deputy sheriff he can enact upon your Town ordinances because he is an officer of the court, he can do whatever the Town needs him to do. Deputy Clifton stated that if there is a problem, and you need immediate attention, pick up the phone and call 911. That will be the quickest resource for you to get action now, and you can remain anonymous. Deputy Clifton asked if there were any question. Dr. Bean stated that the motorcycle on Porter Street is still very active; particularly Friday, Saturday, sometime Sunday morning. Deputy Clifton took note of that, and stated that if anyone is unhappy and not getting satisfaction he is the resource officer for this community so feel free to call him, but if it is an emergency, please call 911. Deputy Clifton asked if there were any more questions or comments. The Mayor stated that last month there was a question as to whether the deputies coming down to Newborn could handle the ordinances of Newborn; that has been straightened out. The deputies coming down on a call are covering all of the Town ordinances, they are our police department and we thank them very much.
B. Planning and Zoning: Herb Carson sworn in.
Attorney Joe Reitman swore in Herb Carson to be a member of the Newborn Panning and Zoning Committee.
C. Schoolhouse / Contract:
Mayor Sheridan read a letter from engineer Michael Clark. The letter stated that “his company (Michael E. Clark and Associate) is pleased to submit their Analysis and Recommendation of the bid results received on April 5, 2010. It is their professional opinion that the lowest responsible bidder is Peachtree Construction with a base bid of $92,160.00 and a total bid, including all four additive alternates, of $109,060.00”. The letter went on to read that Michael E. Clark and Associates recommend that the Town of Newborn award a construction contract to Peachtree Construction, subject to available funds, in the amount of $109,060.00. The Mayor stated that the Town now has in the bank, $11,554.00 for the insurance money to the Town for the damage to the roof, we have two (2) $10,000.00 donations to the Town, and we received a check today in the amount of $46,058.97 and there is another $10,000.00 that has been promised to the Town. We are sitting, right now, where we have $84,614.00 available for the construction on the school. It leaves a difference of $24,386.00 for construction and $6,000.00 for the engineer to finish the job. The total would be $30,386.00 that the town would need to take out of the general fund. Mayor Sheridan stated that he is recommending to the board that we go ahead and proceed with this contract, sign it and get it started with the monies that we have available. CP Downs made a motion to accept the contract and move forward with it. The Mayor asked if there were any comments from the citizens. Suzanne Bean asked where the $46,000.00 came from. Mayor Sheridan stated that it came from the Guy Jones Memorial Fund of the Newton Fund of the Community Foundation for Greater Atlanta. The letter from the Community Foundation stated that the Town may want to express their appreciation to Hulon H. Adams. The Mayor stated that he would also like the board’s approval to write a letter of thanks to Mr. Adams to thank him for the generous offer. CP Ellwanger responded, “Yes, very definitely”.
Motion: CP Downs
Second: CP Ellwanger
Approved: 5-0-0
D. Wireless Communications Management Agreement:
(Repeater Station on Water Tower): Mayor Sheridan stated that we have negotiated a contract with Utility Services, and it cost the town nothing. Utility Services has about thirty towns that they have contracts with, and these contracts handle repeater stations on water towers primarily. We will get 70% of the proceeds, and they will keep 30% for managing and handling it. The Mayor added that he needs approval from the board to sign the contract so Utility Services can go ahead and get something up on the water tower. CP Ellwanger made a motion that the contract with the Wireless Communication Management Agreement be signed.
Motion: CP Ellwanger
Second: MPT Donaldson
Approved: 5-0-0
Mayor Sheridan asked if there were any comments. Suzanne Bean asked what the Mayor was talking about putting on the water tower; will it be towers up on top of it. Mayor Sheridan responded no, it will be a repeater station right on top of the water tank and it is for communication/cell phones.
E. Newton County Multi-Jurisdictional Solid Waste Management Plan; Read and give final approval:
The Mayor read the resolution to give the final approval for the Newton County Multi- Jurisdictional Solid Waste Management Plan to be submitted to DCA. A motion was made by CP Ellwanger to accept the resolution as read.
Motion: CP Ellwanger
Second: MPT Donaldson
Approved: 5-0-0
F. Second reading of the Occupation Tax Ordinance to repeal:
Mayor Sheridan stated that the Occupational Tax Ordinance was tabled at the last meeting. MPT Donaldson made a motion to repeal the occupational tax ordinance.
Motion: MPT Donaldson
Second: CP Downs
Approved: 5-0-0
G. Discussion of Business License:
MPT Donaldson stated that there are a lot of different opinions and strong feelings about the business license. There will not be a lot of revenue generated by it, and there might be some value in us having the distinction of being one of the few Towns not requiring a business license, so I don’t think we have to do anything with it. CP Ellwanger stated that she read it, and so much of what is stated in the business license ordinance is already covered in our planning and zoning ordinances. CP Ellwanger added that she would question the privacy laws that are stated in the ordinance that would have to be brought up in a public meeting; she does not agree with that. MPT Donaldson made a motion not to proceed with a business license in the Town at this time.
Motion: MPT Donaldson
Second: CP Downs
Approved: 5-0-0
H. Removal of tanks on Town property / paving:
Mayor Sheridan stated that the Town would like to remove the tanks to allow for a paved parking area. The Town has one bid at this time for the removal of the tanks, and we are waiting on one more bid so we are not ready to vote at this time, but the Mayor did want to say the cost of removing the tanks from the old gas station is covered under SPLOST; it will not come out of the town money. CP Downs asked why we cannot vote tonight to go with the low bidder. The Mayor stated that was fine with him. Attorney Joe Reitman asked if the bidders were both responsible, qualified bidders. The Mayor stated that there are only two qualified bidders in the County as far as he can find who have environmental backgrounds and can cover environmental requirements for removing fuel tanks. Attorney Joe Reitman stated that CP Downs suggested a way to expedite this and go ahead and vote on the low bidder. Joe added common sense wise it makes sense, but he has never seen it done this way before. MPT Donaldson stated that he thinks we need to wait. CP Downs stated that he does not think so; we can go ahead and vote for the low bidder. Attorney Joe Reitman’s stated that as long as it is not challenged, it will be legal, but he has never seen a town pre-approve the low bid. MPT Donaldson stated that he thinks we need to wait, and the attorney agreed. CP Downs stated that the Town is going to give it to the low bidder anyway, why not go ahead and pre-approve it. CP Downs made a motion to go ahead and vote on the low bidder. Citizen Suzanne Bean asked how it can be paid for out of SPLOST when both referendums state that SPLOST pays for streets and sidewalks. Mayor Sheridan stated that parking goes along with the sidewalk and pavement and it has been approved by John Middleton. Suzanne Bean stated that she has spoke with Lori Smith and John Middleton in the past, and they both said no. Mayor Sheridan stated that he has talked with John Middleton and he said yes based upon what we are doing. Suzanne Bean stated that she would like to see the Mayor get that in writing. Mayor Sheridan stated that he wrote John Middleton a letter and told him what the intention was, talked to him on the phone, and his response was yes, he would go along with it.
Motion: CP Downs
Second: CP Krieger
Approved: 3-2-0
I. Rails to Trails:
Mayor Sheridan stated there has been a lot of discussion on this matter. There were a lot of people at the meeting last Thursday night (April 29th) but the Mayor stated he was disappointed because he felt after six months of research on it; we should have gotten better answers than we did. It comes down to a letter of interest needs to be written, which would show the railroad that we would like more information, facts on it. The City of Covington voted against doing anything with it, the County Commission has not voted on it at all yet. It is sitting there and going on and on. The Mayor added that we need to send a letter of interest to Jim Marshall and to the Norfolk Southern Railroad. We need to talk to Jim Marshall’s office to find out exactly what we are talking about on the grant. We need more answers, more information. The Mayor would like the approval of the board to write the letter of interest. Attorney Joe Reitman’s asked if there would be any obligation. Mayor Sheridan stated absolutely no obligation. CP Downs made a motion for the Mayor to write the letter of interest.
Motion: CP Downs
Second: CP Ell anger
Approved: 5-0-0
VI. NEW BUSINESS:
A. Employee Keith Hunt – Discuss waiving water deposit fee as part of his compensation.
Mayor Roger Sheridan asked Clerk Elisa Rowe to explain. Clerk Elisa Rowe stated that employee Keith Hunt had recently moved into a rental home in Newborn and he had asked if the Town would consider him not having to pay the deposit as an employee of the Town. Clerk Elisa Rowe added that she had corresponded with Attorney Joe Reitman and he had stated that if the Town would like to make it part of his compensation, he saw no problem with it, but it would need to be discussed in a public meeting. CP Downs stated that he had no problem with it. Mayor Sheridan asked for a motion. CP Ellwanger made a motion that Keith Hunt will not be assessed the water deposit fee.
Motion: CP Ellwanger
Second: MPT Donaldson
Approved: 5-0-0
B. Discuss complaints of speeding and shooting of guns.
Mayor Sheridan stated that we have received quite a few complaints of speeding on North Johnson, and shooting of guns. Mayor Sheridan read an amendment to change to the Code of Ordinance regarding the shooting of guns. The change in the ordinance would not allow any shooting of guns within the city limits, except in the defense of person or property, this would not apply to authorized officers of the law. Mayor Sheridan asked for any comments. MPT Donaldson asked Deputy Clifton to comment on this. Deputy Clifton stated that this amendment would make it a violation misdemeanor for discharging a weapon within the city. Deputy Clifton added that this would give him some “teeth” in order to uphold your ordinance and be able to enforce it. Citizen Julie Carson asked to define the phrase “person or property”, because if someone was stealing your car, according to the ordinance, you could shoot them. Deputy Clifton stated that according to the law, you have the right to defend yourself if you are about to receive bodily harm, if you shoot someone for stealing your car, you are going to go to jail. You will be charged with manslaughter, because you are not personally affected by the stealing of your car. Mayor Sheridan stated that it reads, “Person or property” so you do have the right to defend your property and your home. Attorney Joe Reitman stated that “in defense of home” is the key there under that State law of decisions. If someone comes in your home and you are in danger, you can defend yourself. Citizen Suzanne Bean stated that what comes into question is the definition of “property”. Property to a home owner is my car, my boat, whatever is on my property. Attorney Joe Reitman stated that the word property; that is language that has been there forever and ever, that is not new language. It does make you wonder whether we should consider taking out the word property. Joe added that the safest thing would be to say, “In defense of person or home”, that would be most logical. Joe asked if this is the first reading of the amendment. Clerk Elisa Rowe stated yes. MPT Donaldson asked if the amendment needs to be read two more times, Joe stated just one more time. MPT Donaldson made a motion to approve the first reading with the change to read “in defense of person or home”.