1 united states of america state of …...2014/07/01 · james owens - asst. chief of oxford police...

UNITED STATES OF AMERICA

STATE OF MISSISSIPPI

COUNTY OF LAFAYETTE

CITY OF OXFORD

REGULAR MEETING

CALL TO ORDER:

AGENDA:

MINUTES:

ACCOUNTS:

-------·----~-~--'"·'-·-·-···-- -----~-----C '···-"-~''·--"--•"••

June 17, 2014 5:00p.m.

The meeting of the Mayor and Board of Aldermen of the City of Oxford, Mississippi, was called to order by Mayor Patterson at 5:00 p.m. on Tuesday, June 17, 2014, in the courtroom of the Oxford City Hall when and where the following were present:

George G. Patterson - Mayor Jay Hughes- Alderman Ward I- via conference Robyn Tannehill-Alderman Ward II Janice Antonow- Alderman Ward ill Ulysses Howell-Alderman Ward IV Preston Taylor-Alderman Ward V Jason Bailey- Alderman Ward VI John Morgan-Alderman At Large

Mayo Mallette PLLC - Of Counsel Lisa Carwyle- City Clerk Bart Robinson- Director of Public Works Andrea Correll- Planning Director James Owens - Asst. Chief of Oxford Police Dept Cary Sallis - Fire Chief Amberlyn Liles- Supt. of Sanitation Randy Barber- Director of Building Department Rob Neely- Supt. of Electric Dept Hollis Green - Supt of OCC Matt Davis- Director of Parking Billy Lamb- Supt. of Building & Grounds Jimmy Allgood - Dir of Emerg. Management Rob Boyd- Dir of Parks & Rec Al Hope - Human Resource Dir

It was moved by Alderman Tannehill, seconded by Alderman Antonow to adopt the agenda for the meeting. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Antonow, seconded by Alderman Tannehill to adopt the minutes of the regular meeting on June 3, 2014. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Morgan, seconded by Alderman Bailey to approve the payment of all accounts for the City. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

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RESERVE AND TRUST ANNUAL REPORT:

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Eddie Aune came before the Mayor and Board of Aldermen to present the Third Annual Report of the Oxford Municipal Reserve and Trust. The report is inserted below. It was moved by Alderman Bailey, seconded by Alderman Tannehill to accept the annual report. All the aldermen voting aye, Mayor Patterson declared the motion carried.

CITY OF OXFORD MUNICIPAL RESERVE AND TRUST FUND

ANNUAL REPORT OF THE BOARD OF TRUSTEES

MARCH 31, 2014

CONTENTS

Page(s)

Letter of Transmittal from Board of Trustees 2

Independent Accountants' Compilation Report 3

Statements of Assets, Liabilities and Trust Equity - Cash Basis 4

Statements of Support, Revenue, Expenses and Changes in of Trust Equity- Cash Basis 5

Statements of Cash Flows 6

Notes to Financial Statements 7 - 10

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LETTER OF TRANSMITTAL

Board of Trustees of the City of Oxford Municipal Reserve and Trust Fund Oxford, Mississippi

June 17,2014

To the Governing Authorities of the City of Oxford,

We have the honor of transmitting to you the Annual Report of the Board of Trustees of the City of Oxford Municipal Reserve and Trust Fund for the year ending March 31, 2014.

Respectfully,

ULYSSES HOWELL, Chairman LA WREN CE CHANDLER, Vice-Chairman JASON BAILEY, Alderman Trustee BOB DOWDY, Nonalderman Trustee JOHN DUNBAR, Nonalderman Trustee DENNIS FORD, Nonalderman Trustee GEORGE PATTERSON, Mayoral Trustee JIM RAYNER, Nonalderman Trustee DENNIS TOSH, Nonalderman Trustee

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Telephone: 662-281-8900 Fax: 662-281-8977

Aune CPA Firm Certified Public Accountants

829 North Lamar Blvd, Suite 3 Oxford, MS 38655

email: [email protected] website: www.aunecpa.com

INDEPENDENT ACCOUNTANTS' COMPILATION REPORT

To the Board of Trustees City of Oxford Municipal Reserve and Trust Fund Oxford, Mississippi

We have compiled the Statements of Assets, Liabilities and Trust Equity - Cash Basis of the City of Oxford Municipal Reserve and Trust Fund as of March 31, 2014 and 2013 and the related Statements of Support, Revenues, Expenses and Changes in Trust Equity - Cash Basis and the Statements of Cash Flows and for the year ended March 31, 2014 and March 31, 2013. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or provide any assurance about whether the financial statements are in accordance with the cash basis of accounting.

Management is responsible for the preparation and fair presentation of the financial statements in accordance with the cash basis of accounting and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements.

Our responsibility is to conduct the compilation in accordance with Statements for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide assurance that there are no material modifications that should be made to the financial statements.

Aune CPA Firm Certified Public Accountants Oxford, Mississippi June 16, 2014

CITY OF OXFORD MUNICIPAL RESERVE AND TRUST FUND STATEMENTS OF ASSETS, LIABILITIES AND TRUST EQUITY - CASH BASIS

MARCH 31, 2014 and 2013

Cash and Cash Equivalents Investments - Marketable Securities (Note 2) Bond Interest Purchased

Total Assets

Assets 2014

$ 1,298,140 31,864,841

12 465

$ 33 175 446

Liabilities and Trust Equity

Liabilities (Note 3) $

Trust Equity 33,175 446

Total Liabilities and Trust Equity $ 33.175.446

See accompanying notes and accountants' report. -4-

$ 1,194,380 30,759,740

36130

$ 31.990 250

$

31.990,250

$ 31.990.250

CITY OF OXFORD MlJNICIP AL RESERVE AND TRUST FUND STATEMENTS OF SUPPORT, REVENUES, EXPENSES and

CHANGES IN TRUST EQUITY - CASH BASIS FOR THE YEARS END MARCH 31, 2014 and 2013

2014 2013 Support and Revenue:

Interest and dividend income $ 1,160,396 $ 809,742 Realized gains on sale of marketable securities, net 819,544 240 697

Total Support and Revenue 1,979,940 1,050,439

Expenses: Investment management fees 156,196 141,086 Management and general (Note 3) 28.563

Net Earnings - Cash Basis 1,795,181 909,353

Other additions to Trust Equity: Unrealized gains/losses

on marketable securities, net (Note 2) 208,637 957,103

Distribution to City of Oxford (Note 4) ( 818,622)

Increase in Trust Equity for the year (period) 1,185,196 1,866,456

Trust Equity, beginning of year (period) 31.990,250 30 123,794

Trust Equity, end of year (period) $ 33.175,446 $ 31,990,250


CITY OF OXFORD MUNICIPAL RESERVE AND TRUST FUND STATEMENTS OF CASH FLOWS

FOR THE YEARS ENDED MARCH 31, 2014 and 2013

Cash flows from operating activities: Net eiunings Adjustment for noncash items:

Net loss (gain) on investments Cash provided by operations

Cash flows from investing activities: Proceeds from sale of investments Purchase of marketable securities Decrease (increase) in prepaid bond interest

Cash required by investing activities

Cash flows from financing activities: Distribution to City of Oxford

Net increase in cash and cash equivalents

Cash and cash equivalents, beginning of year

Cash and cash equivalents, end of year


2014

$ 1,795,181

( 819,544} 975 637

14,049,354 ( 14,126,274)

23 665 ( 53,255}

( 818,622}

103,760

1 194 380

$ 1,298,140

$

(

$

2013

909,353

240,697} 668 656

13,985,960 ( 14,021,285)

53 374 18 049

686,705

507 675

1 194.380

CITY OF OXFORD MUNICIPAL RESERVE AND TRUST FUND NOTES TO THE FINANCIAL STATEMENTS

MARCH 31, 2014

NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING PRINCIPLES

Organization and Nature of Activities The City of Oxford Municipal Reserve and Trust Fund (the Trust) was formed pursuant to Senate Bill 3128, as approved by the Governor and the State of Mississippi on April 6, 2011 (the Act), and the related Trust Agreement made and entered into effective as of August 9, 2011, by the Governing Authorities of the City of Oxford, Mississippi. The purpose of the Trust is to fulfill the obligations of the Governing Authorities under the Act for the benefit of the people of the City and the continued improvement and maintenance of the City, and for providing for the fiscal security and sustained revenue for the City and its citizens. The Trust was fully funded August 24, 2011 from proceeds received by the City of Oxford, Mississippi, as a result of the termination of lease and for the sale of the real and personal property related to the Baptist Memorial Hospital -NorfuMississippi facilities located on Lamar Avenue, Oxford, Mississippi.

Basis of Accounting The Trust's financial statements are prepared on the cash method of accounting. Under this method, revenues are recognized at the time of receipt and expenditures are recognized when disbursed. Consequently, financial condition, activities and increases in trust equity are not presented in accordance with generally accepted accounting principles.

Income Taxes The Trust is exempt from income taxes under the provisions of Internal Revenue Code Section 115(1) and similar provisions of Mississippi law. Therefore, no provision for income tax expense has been made.

Use of Estimates In preparing the financial statements, management is required to make estimates and assumptions that affect the reported amounts of assets and liabilities and the disclosure of contingent assets and liabilities as of the date of the financial statements and revenues and expenses during the reporting period. Actual results could differ from those estimates.

Cash and Cash Equivalents The Trust considers ali highly liquid investments with a maturity of one year or less to be cash equivalents.

Bond Interest Purchased Upon purchase of various bonds, the Trust purchases accrued interest earned on the bond as of the purchase date. When the interest is received, the amount of interest income recognized is reduced by the amount of this purchased interest. Any purchased interest not received by the Trust as March 31 is recognized as an asset and will be charged against interest income when received during the following fiscal year.

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MARCH 31, 2014

NOTE 2 - INVESTMENTS-MARKETABLE SECURITIES

Investments in marketable securities consist of the following: March 31. 2014 March 31, 2013

Fixed Income: Government and agencies obligations Corporate bonds Fixed income mutual funds Mortgage backed securities

Equities: Equities other than mutual funds U S equity mutual funds International equity mutual funds

Total

At Cost

$ 5,772,535 11, 168, 141

2,254,907

5,178,859 4,107,845 2,130,023

$ 30.612,310

Market Value

$ 5,561,903 10,920,780

2,227,011

6,297,783 4,542,342 2,315,022

$ 31,864,841

Cost Market Value

$ 4,248,299 $ 8,096,257 3,971,712 2,666,033

5,914,412 3,483,754 1,335,379

4,217,852 8,151,982 4,060,104 2,696,707

6,480,883 3,712,617 1,439,595

$ 29.715.846 $ 30.759.740

Market values are exclusive of accrued interest and dividends and were obtained from the investment manager's annual report.

Current year gains (losses) on investments consist of the following: Realized gains on sale of securities Realized losses on sale of securities Unrealized gains on securities, net

Net investment gain

Concentrations

$

2014 $ 1,170,911 ( 351,367)

208 637

1,028,181

2013 $ 242,107 ( 1,410)

957 103

$ 1.197.800

Investment securities which individually or in aggregate comprised 5% or more of total assets at March 31, 2014 consisted of the following:

FHLB Notes (2) FNMA Mortgage Pools (5) U.S. Treasury Bonds (4) GMO Quality Fund IV (mutual fund)

COST $ 2,028,936

2,254,908 2,210,748 1,591,336

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MARKET VALUE $ 1,953,695

2,227,010 2,149,061 1,705,517

% of Assets 5.88 6.71 6.48 5.14


MARCH 31, 2014

NOTE 3 - MANAGEMENT AND GENERAL EXPENSES

On June 17, 2013, the Trust reimbursed The City of Oxford for administration expenses paid since inception through May 26, 2012, as follows:

Attorney fees Other

Total

$ 28,042 521

$ 28.563

The City of Oxford has paid administration expenses for the Trust for the years ending March 31, which have not been reimbursed by the Trust as of the date of this report, as follows:

2014 2013 Accounting fees $ 1,680 $ 900 Attorney fees 11565 9 345

Totals $ 13.245 $ 10,245

Consistent with the cash method of accounting, these expenses are recognized in the Statement of Support, Revenue and Expenses in the period in which the Trust reimburses the City.

NOTE 4 - DISTRIBUTION TO CITY OF OXFORD

Pursuant to the Trust Agreement, the Board of Trustees is required annually to calculate the earnings component as defined in the Trust Agreement and report such earnings to the Governing Authorities. The earnings component is considered to be an amount equal to three percent (3%) of the amount of the Full Fund. After calculating the earnings component, the Board of Trustees is authorized to expend from the earnings component amounts required in connection with the management by the Board of Trustees of the Fund, including, but not limited to, payments for accounting fees, legal fees, consulting fees, and Investment Managers or Fund management fees. The Board of Trustees is required to report to the Governing Authorities the earnings component and the expenditures therefrom on or before July 1 ", and thereafter the funds comprising the earnings component shall be transferred from the Fund to the general fund of the City at the direction of the Clerk and shall be available for appropriation and spending by the Governing Authorities.

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MARCH31, 2014

NOTE 4 - DISTRIBUTION TO CITY OF OXFORD - continued

The amount distributable for the year ending March 31, 2014 is as follows:

3% ofFull Fund balance as ofMarch 31, 2014 ($ 33,175,198)

Less expenses paid during year: Investment management fees Management and general expenses

Amount distributable to City General Fund

$ 995,256

( 156,196) ( 28,563)

$ 810.497

As described in Note 3 above, certain administrative expenses of the Trust were paid by the City General Fund and have not been reimbursed by the Trust as of the date of this report. These expenses will be deducted :from the amount available for distribution in the fiscal year paid.

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COMMUNICARE:

ORDINANCE 2014-24:

ORDINANCE 2014-25:

PATHWAYS COMMISSION ANNUAL REPORT:

Dr. Sandy Rogers came before the Mayor and Board of Aldermen to present information about services provided by Co=unicare.

It was moved by Alderman Morgan, seconded by Alderman Taylor to adopt Ordinance 2014-, "AN ORDINANCE AMENDING SECTION 102 ARTICLE XVII STOPPING, STANDING, PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS" Said ordinance is recorded in Book 8 of the City of Oxford Code of Ordinances. All the aldermen voting aye, Mayor Patterson declared the motion carried.

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It was moved by alderman Hughes, seconded by Alderman Taylor to adopt Ordinance 2014-25, "AN ORDINANCE AMENDING SECTION 54-26 CRITERIA FOR ISSUANCE OF CERTIFICATE OF APPROPRIATENESS OF THE CODE OF ORDINANCES." Said Ordinance is recorded in Book 8 of the City of Oxford Code of Ordinances. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

Mike Mossing came before the Mayor and Board of Aldermen to present the Pathways Commission Annual Report.

Annual Report of the Pathways Commission to the Board of Aldermen of the City of Oxford, June 17, 2014

The Pathways Commission has worked closely with the planning and public works departments over the past year in continuing to improve transportation options for pedestrians and bicyclists in Oxford. This report will highlight 3 areas. (1) Progress during the past year, (2) Challenges that remain and (3) Goals for the coming year.

Progress

Progress over the last year has come in the areas of planning and implementation of infrastructure projects, the development of new policy and continued efforts to encourage and educate users.

Of several bicycle infrastructure projects the largest has been phase 2 of Oxford Bikeways project that includes, College Hill and Old Sardis Roads, Old Taylor Rd., S. Lamar, Belk New Cycle tracks along Sisk Ave to the new high school have been added to the existing bikways in the Oxord Commons Area. Ongoing projects include the Sisk Underpass of MS-7 and the Old Taylor Rd. Bridge over MS-6.

Pedestrian infrastructure improvements include numerous sidewalk projects, a pedestrian island on Molly Barr at the end of the Depot Trail and 2 new signalized crosswalks planned for Jackson Ave.

A new traffic calming policy for Oxford has been implemented in numerous projects to control the speed and volume of vehicular traffic on neighborhood streets. A number of events including community rides and bike to work day were held encourage new and experienced cyclists.

Challenges

Although phase 2 resulted a large increase in the number of miles of bicycle facilities in Oxford, the network ofroutes lacks some critical connections and intersection designs could be improved to match modern standards.

Analysis of Oxford's Complete Streets policy by a national organization and University of Mississippi sustainability intern Sara Douglas indicate a number of areas where the policy could be improved.

1

Goals for the coming year:

• Suggest Refinements to the Complete streets policy • Ensure representation on the Pathways Commission from Parks and Police

Departments as outlined in the Pathways ordinance. • Complete intersections work to standardize how cars, bikes, and pedestrians

interact at intersections to make sharing the road simple, safe and obvious for all users.

• Include bicycle and pedestrian design goals and implementation details in city planning documents

• Build relationships with the Transit, Disability commissions to ensure that bikeways and walkways work for everyone

• Work to make sure that the bike lanes, and pedestrian ways are adequately cleaned and maintained.

• Identify new areas for bicycle and pedestrian infrastructure that will provide connectivity to key areas of interest within the city and between the city and University campus, so as to provide a comprehensive connected transportation network. The fact that the University of Mississippi is in the process of applying for Bicycle Friendly University status later this summer will aid these efforts.

2

OXFORD COMMONS:

PUBLIC HEARING ON VEHICLES FOR HIRE ORDINANCE:

It was moved by Alderman Bailey, seconded by Alderman Tannehill to table the request for approval of a preliminary and final plat for Oxford Commons Phase 1, Tract C, Part 3 -a subdivision of 3 (The Blake). All the aldermen voting aye, Mayor Patterson declared the motion carried.

This was the second reading and public hearing of the proposed changes to the Vehicle for Hire Ordinance.

4

Peggy, a driver for Rebel Taxi, came before the Mayor and Board of Aldermen and voiced concerned about changes to the maximum allowed to charge, especially during special events in the City. She didn't believe the City should regulate what taxi driver's charge since they don't regulate the increase in hotels, gas, etc. on special events. The taxi drivers deal with a lot of drunk people and they should be compensated well. She did not see a problem with requiring cameras. She thought they shouldn't be required to give a receipt. Peggy did not like the change in the ordinance that would not allow someone in the front seat.

Stuart Rutledge came before the Mayor and Board of Aldermen with the following concerns:

Public Comment on Oxford's Additional Proposed Cab Regulations

On behalf of Rock Star Taxi and Owner Arseniy Parshikov

Presenter: Stewart Rutledge

1. Driving in Oxford on game day is very difficult. Cab drivers incur numerous expenses and liabilities driving on game days in Oxford, and government should not prohibit a small business from adjusting its rates to account for these real costs.

Regarding game weekends, Alderman Hughes was quoted as saying, "They are charging more on those weekends when they aren't accruing any additional charges and driving the same 2 miles. We are giving cab owners the greatest latitude and they can still make $25 for running four people from the Square to campus."

Anyone who has been to an Ole Miss football game knows that driving from the Square to campus on game day is far, far more time-consuming and difficult than driving on a normal day.

The trip on a normal afternoon may take five minutes. The same trip on a game day regularly takes forty-five minutes, at the minimum. The massive traffic influx is compounded with numerous and often unpredictable road closures and traffic redirection.

These factors create substantial additional costs and liabilities for cab drivers, and they drastically reduce the volume of rides that a cab can give on a game day.

Cab drivers should not be prohibited by government from adjusting their fares to account for these substantial costs and risks, and different rate schedules for special event days are not only appropriate, they are vital to these small businesses.

2. Cameras

Most reputable cab companies in Oxford have long since installed cameras in their vehicles. This is due to assaults on drivers as well as the common phenomenon of passengers running out on fares.

Rock Star Taxi currently employs dual-camera, GPS-enabled, always-on video cameras which also record audio. These systems have already proved invaluable in criminal investigations against passengers who have assaulted drivers (one sexual assault conviction of a passenger was solely due to the camera).

However, the proposed regulations have three problematic elements.

a. Audio should be allowed. The proposed regulations state, "The system may not make an audio recording." This should be deleted. The audio portion of a recording has proven to often be more valuable even than the video portion,

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and companies should not be prohibited from providing a camera which exceeds the regulations in this manner.

b. Installation should be reasonable. The proposed regulations state, "[Cameras] shall be installed by the taxi camera supplier or a certified installer for that system .... All installations must be completed in accordance with the instructions of the manufacturer of the system." Installation in accordance with instructions is reasonable, but to require the camera supplier or a certified installer to install cameras is an unnecessary addition to this rule. First, it would often be impossible to arrange for a camera supplier to install a unit, and, even if "certified installers" may exist for some systems, they would have to be flown in from another town for each installation.

The purpose of this section is achieved through the sections which require installation in accordance with product documentation and which require testing prior to use. Thus, the manufacturer or "certified installer" language should be deleted.

c. Current systems should be grandfathered. Many cab companies have already invested hundreds and thousands of dollars into camera systems. These owners are ahead of the curve in providing what Oxford wants with regard to safety. However, the proposed regulations have some very specific specifications which these systems may not technically match. As an example, Rock Star Taxi currently uses dual camera, GPS-enabled, infrared, always-on video cameras in all its vehicles, as stated above. Under the proposed regulations, Rock Star would be forced to discard all of these cameras and install systems which are, in fact, inferior systems, to comply with the new regulations. This would be punishing an owner for being ahead of the regulations and is illogical.

The proposed regulations include the sentence, "The system chosen by the taxicab service company from a taxi camera supplier must meet or exceed the standards set by this section ... " The City should interpret this section reasonably and logically so as not to require owners who have existing systems to throw them out just to purchase the precise systems specified in the new regulations. For example, Rock Star's current systems do not have a "control unit" which is separate and concealed from the camera head, but the control unit is accessible only to the driver and fully satisfies the intent of that part of the new regulations. As such, it should be allowed under the "meets or exceeds" portion of the regulations. This will only be achieved through reasonable, logical, and fair interpretation.

Future cameras may be strictly enforced, but owners who have already purchased cameras should be granted leniency if their systems are substantially compliant with the new regulations, even if they do not meet some specific technical specifications.

3. Passengers should not be forced to take a receipt if they do not desire one.

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Current Oxford ordinances state, "A fare receipt shall be provided if requested by a passenger." The propose regulations state, "All passengers must be provided with a written receipt ... "

This puts the responsibility for physically getting a receipt into a passenger's hands onto the cab driver. .. even if the passenger states that he or she does not want a receipt. The proposed regulation has no exception for the situation under which a passenger declines or refuses a receipt, and without this exception, the liability for drivers is made unreasonable by this regulation.

It is understood that the goal is to create a record such that complaints of price gouging may be addressed specifically, but to "require" drivers to get a receipt into the hands of passengers is not only unreasonable, it is impossible. Most passengers, particularly if they are inebriated, are not going to want a receipt for a ten dollar ride, and passengers should be allowed to get out without being forced to wait on a receipt.

A reasonable and workable solution would state, "Drivers must offer a receipt to all passengers, and, if one is requested, driver must provide a written receipt which [include original list of receipt requirements]."

Our government regulations should not force anyone to wait on a receipt nor should it force drivers to provide them against their passengers' will.

Further, the proposed regulations also state, "Each taxicab must permanently display a 5" x 8" interior sign clearly and legibly visible to passengers that states: 'Driver is required to provide passenger with a receipt printed by the taximeter for each trip.'" Installing price placards was actually Rock Star Taxi's idea several years ago.

This is likely inadvertent, but this supplemental signage rule actually hugely magnifies the burden of the preceding written receipt rule. To require a receipt to be "printed by the taximeter'' changes this rule from a signage rule to a rule that all cabs must have taximeters. Currently, zero cabs in Oxford have taximeters, and a taximeter with receipt printer is new even to large cities. The average meter costs over $500.00. Further, numerous regulations would be required to regulate the meters themselves, and these regulations are both unnecessary and unworkable in a small town like Oxford where fares are so small. For this reason, the rule should be changed to match the written receipt regulation on which it is based and state, "Each taxicab must permanently display a 5" x 8" interior sign clearly and legibly visible to passengers that states: 'Upon request, driver is required to provide passenger with a written receipt for each trip.'"

4. It is overreaching to prohibit cab companies from using the front seat under any circumstances.

The proposed regulations state, "No passenger shall ride in the front seat of a taxicab, regardless of the type of vehicle."

This rule goes even farther than New York City's taxi regulations and is overbroad. While it is a reasonable policy to pursue separation between drivers and passengers, if the back seat of a cab is full, passengers should be allowed to ride in the front if they so desire. Cab

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companies in Oxford operate on very small margins, and every seat is vital to their success. To have a blanket rule which eliminates one seat from every cab is tantamount to eliminating up to 20% of their gross revenue in one simple rule. This is too much.

The rule should state, "Passengers may only ride in the front seat of a taxicab if all seats in the rear section are occupied. Driver may disallow any passenger from riding in the front seat." This compromise parallels the rules in most major cities, and it strikes a balance between the interest of safety and driver/passenger protection with the interest of protecting small businesses and not simply killing 20% of gross revenue in a few words.

New York City obviously has much greater crime and safety issues than Oxford, and there is nothing Oxford experiences related to safety that New York City has not already experienced. Thus, it would be excessive for Oxford's government to go even farther and completely outlaw such a vital component of these small businesses' operations.

Under this rule, no passenger would ever be forced to ride in the front seat of a cab, and, if the passenger were the only one, he or she would not even be allowed to ride in the front seat. Thus, the only time a front seat would ever possibly be used is when there are numerous other people in the car. This eliminates safety concerns.

Oxford should not go so far as to nanny passengers and tell them they cannot ride in the front seat of a crowded cab if the passenger so desires.

5. The proposed "pretty cab" regulations regarding appearance are highly subjective and go beyond the level of maintenance even we average drivers maintain.

The State of Mississippi has longstanding and highly detailed rules for what makes a car suitable and safe to travel on Mississippi's roadways. If you do not meet the rules, you cannot get an inspection sticker. However, Oxford's proposed regulations go far beyond these existing rules and create a laundry list of items that even our own cars could not likely meet. This is overly burdensome, and the benefit to passengers and Oxford does not approach justifying these highly subjective and idealistic rules. Below are a few examples.

• Each taxicab ... shall be free of litter, dirt, grime, and stains inside and out, including the trunk;

o Does the City of Oxford really need to regulate the cleanliness of our cab's trunks?

o What does it mean to be "free of litter, dirt, grime, and stains"? That is an almost purely subjective regulations, and far beyond the benefit of the "cleanliness" it creates, it creates the risk of inconsistent enforcement. By no fault of their own, one enforcing person may consider a cab to be "free of grime" while another may consider that same cab not "free of grime." It is this type of subjectivity that makes these extra regulations, which have nothing to do with safety, problematic.

o Further, this rule is excessively strict with no real benefit. Under this wording, if there is a single stain in the back of the trunk, the cab could be taken off the road.

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o A proposed compromise would state, "No taxicab shall have a substantial, unsightly, and readily visible accumulation of litter, dirt, grime, or stains inside and out."

• Each taxicab ... shall be free of cracked or broken windows, headlights, taillights or interior lights;

o Existing State of Mississippi regulations address cracked and broken windows and necessary lighting; thus, this regulation is duplicative, excessive, and should be deleted.

o It is likely that the majority of persons at this meeting have a crack or chip in their windshield somewhere. We would never accept being forced to replace the windshield - at a cost of about $500 - for a small chip or crack that creates no safety issues and which is accepted by Mississippi inspection stations. It hurts small businesses to add this requirement to small cab companies, and the existing State of Mississippi regulations regarding these elements are sufficient.

• Each taxicab ... shall be free of unauthorized signs or markings, such as bumper stickers;

o Do we really need to outlaw bumper stickers on cabs? There are plenty of important things to address with regard to cabs, but bumper stickers do not fall in that category.

It is understandable to want clean and pretty cabs, but do our desires for pretty cabs really rise to the level of importance that we have to pass laws to achieve those desires ... laws which, if not followed, can cost cab companies thousands of dollars? Our government should be much slower to regulate such subjective and unsubstantial items, especially when doing so hurts our small businesses.

Cabs are used and abused ... by passengers. Imagine the average cab load on a Saturday night in Oxford. These "pretty cab" regulations punish the drivers who are already constantly fighting the abuse of their cabs. Further, if a driver does not keep his cab nice enough, let the market run him or her out of business.

Beyond obvious safety concerns and glaring offenses, it is too much for our government to pass ordinances just to enforce its desires that cabs look the way they want them to look.

These regulations should be reduced and made more in line with the reality of operating a cab company. Otherwise, they punish small businesses just for the sake of "prettiness."

6. Oxford's government should be slow to set rates and prices for private businesses in Oxford. Oxford's government further slashing already low taxi rates is antibusiness and pro-government and should not happen.

The cab business in Oxford is made up of a few small businesses, several run by hardworking immigrants, and they operate on an immensely smaller volume and profit margin than cab companies in larger cities. As such, Oxford's government should be very slow to regulate the industry, much less to regulate how much these companies can make.

The current regulations allow companies to charge $10 per passenger and $2.50 for each additional stop in Oxford.

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The proposed regulations slash these prices and only allow $10 for one passenger and then half that for each additional passenger. For a four person cab ride, that cuts the cab companies' revenue by almost 40%! That is too far, especially for such a tiny industry operating on such small margins.

The market should be the primary determinant in dictating prices, and this premise would never be challenged in other areas of Oxford business.

Would Oxford's government ever attempt to set rates for hotel and condo rentals and tell private owners that they cannot charge more "for the same place" on a game weekend? Of course not.

As an example, Alderman Hughes has ownership in Southern Airways, a local airline. Would he support his business from not being allowed to charge higher air fares during high season as compared to low season? Of course not. Under the logic of this change, a passenger could say, "Well, this is the same plane seat and you're going to the same place as you're taking those other passengers, so you have no right to charge me any more."

Our economy is based on a free market and supply and demand, and it is inappropriate for our government to step in and hurt small businesses by choosing prices itself. It would not do this for larger industries, and it should treat these small cab businesses the same.

Cab rates have already been pre-set by Oxford's government at very low rates which make the business have to push very hard to survive. This is proven by the fact that not one major cab company has even considered opening in Oxford. So, for the government to come in now and slash those rates even further is terribly misguided and bad for business. It is directly contrary to American economic values.

As for protecting riders, price gouging is already against the regulations, so lowering prices will have no effect on that issue. If a driver is going to commit a crime, he or she is going to do it regardless of the price he or she is supposed to charge. It is faulty logic to think that this rule would do anything to stop those bad actors.

Ten bucks a head is no windfall for cab companies and to go even lower than that is an improper use of government power. Just because government has the power to regulate does not mean it should regulate, especially when it directly hurts small businesses.

7. No process exists for complaints to be brought to drivers and owners, and, thus, we are left with a one-sided accusatory system which misses the opportunity for improvement and discipline.

Complaints will be made against drivers by passengers and against passengers by drivers. Rock Star Taxi has had drivers sexually assaulted as well as physically assaulted, and this phenomenon is not unique to Oxford. It is this risk that has created the body of common carrier law in America which gives drivers so many rights. Although angry parents may call the city with complaints, drivers are at the greatest risk.

Page 6 of 8

Oxford as a city should be hesitant to overemphasize the complaints against some bad drivers without simultaneously recognizing the greater risk to drivers. Just because drivers' parents are not going to call and complain for them does not mean the risk to them is not very real. It would not be difficult to stoke support for anti-cab regulations using the old "cab driver" stigma, but it would be improper to do so.

If you conservatively estimate that cab companies collectively provide fifty rides per weekend night, and they drive 100 weekend nights per year, that's 5,000 rides per year. Compare that number of rides with the number of complaints, and it is undoubtedly but a small percentage.

To set burdensome industry wide policies based on such a minority of the operation of cab companies in Oxford is unwise and unfair. Complaints should be dealt with on a case-bycase basis, and individual complaints should not easily be converted into city ordinances.

The first step to addressing complaints is to address them with the cab companies. Currently, there is no system in place by which drivers and owners are made aware of or challenged with complaints. Thus, not only does the city miss an opportunity to improve or discipline drivers, it does not give drivers and owners the chance to respond to complaints. This creates a one-sided accusatory process, and such a process fails to provide the valuable information a fuller process could provide. Moreover, it would be extremely poor policy-making to build regulations based on such a one-sided process. Some of these regulations, unfortunately, represent just such a policy-making process.

8. Oxford's cab businesses decrease drunk driving and provide an invaluable resource to this small town. They should be encouraged and applauded.

Oxford's burgeoning cab industry is made up of a few hard-working, blue collar owners who are doing their best to make it as a small business in Oxford. They provide an invaluable resource to the City, and they should be encouraged, not discouraged. Our government should work to help them flourish, not regulate them out of business.

With the advent of innovative carrier services like Uber and Lyft, the rest of the country is working to promote common carriers, but,. by passing additional and excessively burdensome regulations, Oxford's would be acting in a regressive manner directly out of line with the progress being made in other areas. With more thought, greater consideration, and more time for experience, Oxford can move forward, not backwards. It can help small businesses while also protecting customers.

Although the proposed regulations do take some reasonable measures to balance the interests of small business with the interests of passengers, several of them go too far and represent government stepping on small business. They hurt small business. For this reason, these regulations should be revised as described to not only avoid hurting these small businesses but to help them.

9. Oxford's Board of Aldermen and Mayor are invited to ride along with Rock Star Taxi on a busy night and a game weekend to gain a real perspective on the difficulties of the cab business in Oxford, and Rock Star Taxi hopes that the Board will take advantage of this opportunity and education prior to passing new regulations and restrictions for cabs.

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It would be valuable to know how many aldermen voting on these regulations have taken cab rides in Oxford and how many have taken cab rides on game days. Before passing additional regulations, it would be reasonable for our elected officials to have experienced the realities of the cab business in Oxford. Otherwise, we will be committing the old sin of regulating from a vacuum, and no one would support that. Riding along would certainly yield a very different perspective with regard to regulating and restricting cabs and is an important step for alderman. Rock Star Taxi invites each and every alderman as well as the mayor to ride along with his drivers on a busy night in Oxford, and Rock Star additionally hopes that the Board of Alderman will take advantage of this opportunity prior to finalizing new regulations and rules.

Page 8 of8

ADVERTISE:

BIDS:

5

Alderman Hughes stated these changes were for the safety of the public and for the protection of the passengers and the drivers.

Cedric Pegues came before the Mayor and Board of Aldermen and stated his concerns with the change to the ordinance. One issue to consider is on game days, they see increase volume, but they also have to deal with the traffic around town. He stated they wanted to start a Taxi Cab Association.

Austin Taxi came before the Mayor and Board of Aldermen and stated $10.00 per person is a fair amount. The special events in Oxford help them stay in business during the slower times.

Phillip Howard, a driver for Austin Taxi, stated the problem with charging $10.00 for the first rider and $5.00 for the next is deciding who pays the first $10.00.

Sue LaCrosse stated she already has cameras installed in her cars for safety reasons. She thinks the ones who already have cameras should be grandfathered in and not innnediately comply with the proposed ordinance regulations regarding cameras.

Jinnny Johnson, with Al Taxi, stated the problem with price gauging will continue, regardless of what the ordinance says, unless there is more enforcement. There are currently unauthorized taxi's operating. He also thinks passengers should be able to ride in the front seat and thinks a receipt should be requested by the customer.

Arseni Park, Rock Star Taxi owner, stated the laws need to be better enforced.

Kenneth Scalan, driver for Rock Star Taxi, stated the rates shouldn't be lowered.

Denver Brentwell, citizen, asked that the board protect the drivers, companies and citizens. He stated the citizens the board says they are trying to protect did not show up to the public hearing.

It was moved by Alderman Bailey, seconded by Alderman Antonow to authorize permission to advertise for bids for electric transformers. All the aldermen voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Bailey, seconded by Alderman Howell to accept bids for 15KV 600 AMP Padmount Switchgear. All the aldermen voting aye, Mayor Patterson declared the motion carried.

aldder Gresco

Item 1

15KV 600 Amp Padmount Switchgear with (2) fault protected and switched 200A load break bushing well ways and (2) switched 600A dead break bushing well way Cooper Type 9B32 or Equivalent Including All Bushing Wells and (3) Extra 200 AMP Fuses and (3) Extra 50 AMP Fuses if applicable

15KV Switchgear June 10,2014 Bid Tabulation

Item 1 I

$ 15,862.00 I $

!tern 2 lSKV 600 Amp Padmount Switchgear with (l) fault protected and switched 200A load break bushing wen way and (3) switched 600A dead break bushing well ways Cooper Type l 1B32 or Equivalent Including All Bushing Wells and (3) Extra 50 AMP Fuses if applicable

2 14,241.00

"" Comment

TVPP A ENGINEER AND OPERATIONS CONFERENCE:

METRO NARCOTICS INTERLOCAL:

It was moved by Alderman Tannehill, seconded by Alderman Morgan to approve an engineer to attend TVPP A Engineer and Operations Conference in Murfreesboro, TN on August 6-8, 2014 at a cost of $917.00. All the aldermen voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Howell, seconded by Alderman Bailey to approve Mayor Patterson and Chief East to sign the updated interlocal agreement for Metro Narcotics. All the aldermen voting aye, Mayor Patterson declared the motion carried.

6

TAXI DRNERS:

EROSION CONTROL ORDINANCE:

SITE PLAN AMENDMENTS:

EASEMENT AND CONSTRUCTION AGREEMENT:

TRAVEL:

CHANGE ORDER:

7

It was moved by Alderman Howell, seconded by Alderman Taylor to approve Charles Harold Ray, Vernon Lee Wilson, Troy D. Mason, Karyie Ann Kusisto, Warren Key and Denver Bridwell. All the aldermen voting aye, Mayor Patterson declared the motion carried.

This was the first reading of a proposed ordinance regarding erosion control. The public hearing and second reading will be at the next board meeting.

This was the first reading of a proposed ordinance change amending Article N, Section 212, Site Plan Review, Sections 212.03 Contents, Section 212.04, Conditions and General Considerations on Issuance of Site plan Approval, and Section 212.05, Site Plan Review Design Guidelines of the Land Development Code; revision addresses construction staging. The second reading and public hearing will be at the next board meeting.

It was moved by Alderman Morgan, seconded by Alderman Bailey to authorize the Mayor to sign the Easement and Construction Agreement for Federal Aid Project No. STP-0019-02(049), 102168/3022 (Hwy 7 and Frontage Road). All the aldermen voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Tannehill, seconded by Alderman Antonow to authorize the travel for public works employees to attend the Annual Sewer/Wastewater Conference and Operator of the Year banquet at total estimated cost of $504.00. All the aldermen voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Hughes, seconded by Alderman Bailey to authorize the change order for Fire Station/EOC in the amount of$12,256.96. All the aldermen voting aye, Mayor Patterson declared the motion carried.

Alderman Hughes left the meeting at this time.

STORMWATER MANAGEMENT:

CONFERENCE CENTER CARPET:

This was the first reading of a proposed ordinance amendment to Chapter 98, Article V, Stormwater Management. The public hearing and second reading will be at the next board meeting.

It was moved by Alderman Bailey, seconded by Alderman Tannehill to authorize the advertisement for bids for the Conference Center carpet. All the

MDOT'S CHAINSAW SAFETY AND STORM CLEARANCE:

EMPLOYMENT CONTRACT:

PART-TIME SEASONAL WORKER:

LABORER:

EMPLOYMENT:

EMPLOYEE HANDBOOK:

PROMTION:

RESIGNATION:

aldermen present voting aye, Mayor Patterson declared the motion carried.

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It was moved by Alderman Howell, seconded by Alderman Tannehill to authorize the travel for ten Sanitation employees and ten Building & Grounds employees to attend MDOT's Chainsaw Safety & Storm Clearance for Local Roads in Batesville, MS on July 9, 2014 at a cost $350.00. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Tannehill, seconded by Alderman Bailey to authorize the Consulting Services Contract with the Logan Group for the search of a Human Resource Director. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Morgan, seconded by Alderman Bailey to authorize the employment of Marcellus Carothers as a part-time seasonal worked in the Sanitation department. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Howell, seconded by Alderman Antonoow to authorize the employment of Adam Huckabe as a laborer in the Building & Grounds Department. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Morgan, seconded by Alderman Bailey to authorize the employment of Elliott L. Bullard, Amy V. Tyson and Steven P. Austin as part-time drivers for the double decker buses. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Bailey, seconded by Alderman Antonow to authorize the changes to the Employee Handbook. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Tannehill, seconded by Alderman Bailey to authorize the promotion of Megan Sealy to Administrative Assistance/Office Manager in the Public Works Department with a salary of$39,144.26. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Bailey, seconded by Alderman Taylor to accept the resignation of Brad

EXECUTIVE SESSION:

TERMINATION:

ADJOURN:

George G. Patterson, Mayor

Bennett in the Fire Department. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Antonow, seconded by Alderman Tannehill to consider executive session for three personnel issues in the Financial Department, Sanitation Department and Police Department. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Bailey, seconded by Alderman Antonow to go into executive session. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

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It was moved by Alderman Howell, seconded by Alderman Bailey to go into regular session. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Antonow, seconded by Alderman Morgan to accept the recommendation of the Human Resource Director and the Department head and authorize the termination of Terrance Carter in the Sanitation Department. All the aldermen present voting aye, Mayor Patterson declared the motion carried.

It was moved by Alderman Antonow, seconded by Alderman Howell to adjourn the meeting sine-die. All the aldermen voting aye, Mayor Patterson declared the motion carried.

Lisa Carwyle, City Clerk

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