City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION SEPTEMBER 3, 2020, 7:00 P.M. MINUTES PUBLIC COMMENTS James Lewis asked the City Council to consider banning open burning inside the city limits. Christian Black had requested to speak, but cancelled earlier in the day. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, September 3, 2020, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Councillady Wanda Smith; the Pledge of Allegiance was led by Councilman Ron Erb. ATTENDANCE IN PERSON: Richard Garrett (Ward 1), Ron Erb (Ward 3), Valerie Guzman (Ward 5), Wanda Smith (Ward 6), David Allen, Mayor Pro Tem (Ward 8), Jeff Henley (Ward 9), Stacey Streetman (Ward 10), Gary Norris (Ward 11), Jeff Burkhart (Ward 12) VIA GOOGLE MEETS: Vondell Richmond (Ward 2), Tim Chandler (Ward 4), Travis Holleman (Ward 7) APPROVAL OF ELECTRONIC MEETING “In order to comply with the technical aspects of the Governor’s Executive Order regarding holding open meetings in a forum other than in the open and in public, this governing body determines that meeting electronically is necessary to protect the health, safety, and welfare of its citizens due to the COVID-19 outbreak.”  Councilman Henley made a motion to authorize the electronic meeting. The motion was seconded by Councillady Smith. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to authorize the electronic meeting unanimously passed. SPECIAL RECOGNITIONS There were no special recognitions. ZONING PUBLIC HEARING Councilman Garrett made a motion to conduct a public hearing to receive comments regarding requests for zone change. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to conduct a public hearing unanimously passed. ORDINANCE 25-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of J & N Enterprises, Inc., for zone change on property located north of Tiny Town Road at the western termini of Seagull Drive and Egret Drive from R-2 Single Family Residential District to R-2D Two Family Residential District No one requested to speak in support of or in opposition to this change. ORDINANCE 26-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Habitat For Humanity, Syd Hedrick-Agent, for zone change on property located at the intersection of Washington Street and Greenwood Avenue from R-3 Three Family Residential District to R-6 Single Family Residential District Syd Hedrick said this property was gifted to Habitat For Humanity and noted the R-6 classification would increase the density of the property. No one requested to speak in opposition to this change.  ORDINANCE 27-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Habitat For Humanity, Syd Hedrick-Agent, for zone change on property located at the intersection of Beech Street and Providence Boulevard from C-2 General Commercial District to R-6 Single Family Residential District Syd Hedrick said the R-6 classification would increase the density of the property and would further the mission of Habitat For Humanity. No one requested to speak in opposition to this change. ORDINANCE 28-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Berry Hedrick, Syd Hedrick-Agent, for zone change on property located at the intersection of Crossland Avenue and Martin Street from C-2 General Commercial District to R-6 Single Family Residential District Syd Hedrick said the R-6 classification would be similar to current developments in the area. No one requested to speak in opposition to this change. Councilman Garrett made a motion to revert to regular session. The motion was seconded by Councilman Allen. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to revert to regular session unanimously passed. ADOPTION OF ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 25-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Erb The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 26-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. There was no discussion. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 27-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 28-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. ZONING POSTPONED ORDINANCE 10-2020-21 ​(First Reading; Postponed August 6, Public Hearing held August 6) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Faith Investments ℅ Chris Blackwell for zone change on property located at the intersection of North Whitfield Road and Needmore Road from AG Agricultural District to R-4 Multiple Family Residential District First reading on this ordinance was postponed August 6, 2020 to allow more time for the public to become aware of the potential change. Councilman Allen said during that meeting the high grass decreased visibility of the sign. The recommendations of the Regional Planning Staff and Commission were for disapproval. Councilman Garrett made a motion to postpone action to the next regular session. The motion was seconded by Councilman Holleman. Mayor Pitts noted this ordinance had already been postponed one month and there were no additional issues. Councilman Garrett and Councilman Holleman withdrew the motion and second to postpone. Councilman Garrett then made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Allen said the developer had agreed not to begin  construction until the intersection was improved. Councilman Chandler felt the area was already over-developed. Councilman Henley said he had not received any objection from residents and noted the owner was willing to donate road improvement easements. The following vote was recorded: AYE: Allen, Burkhart, Erb, Garrett, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Chandler, Guzman The motion to adopt this ordinance on first reading passed. CONSENT AGENDA All items in this portion of the agenda are considered to be routine and non-controversial by the Council and may be approved by one motion; however, a member of the Council may request that an item be removed for separate consideration under the appropriate committee report: 1. ORDINANCE 1-2020-21 (Second Reading) Amending the Official Code to establish regulations pertaining to short term rentals 2. ORDINANCE 5-2020-21 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Wm. Hoosier, Todd Morris-Agent, for zone change on property located at the terminus of Prewitt Lane from AG Agricultural District to R-1 Single Family Residential District 3. ORDINANCE 6-2020-21 ​(Second Reading) Authorizing extension of utility services to 1551 Woodlawn Road; request of Patricia Murphy 4. ORDINANCE 7-2020-21 ​(Second Reading) Repealing ORDINANCE 152-2006-07 establishing the Capital Projects Revenue District and the Capital Improvement Fund 5. ORDINANCE 8-2020-21 (Second Reading) Amending the Official Code relative to fireworks 6. ORDINANCE 9-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Carol Stevens, Derrick Stevens-Agent, for zone change on property located at the southern terminus of West Thompkins Lane from R-1 Single Family Residential District to R-3 Three Family Residential District 7. ORDINANCE 11-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Joe Roberts, Cal McKay/Burchett & Company-Agent, for zone change on property located at the intersection of Old Ashland City Road and Martha Lane from R-3 Three Family Residential District to R-6 Single Family District 8. ORDINANCE 12-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Syd Hedrick, Syd Hedrick-Agent, for zone change on property located at the intersection of Greenwood Avenue and Woodmont Boulevard from R-3 Three Family Residential District to R-6 Single Family Residential District and R-4 Multiple Family Residential District 9. ORDINANCE 13-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mary Davis Holt, Bobby Powers/Greenspace Partners-Agent, for zone change on property located at the intersection of Ashland City Road and Avondale Drive from C-5 Highway & Arterial Commercial District to R-6 Single Family Residential District and R-2 Single Family Residential District 10. ORDINANCE 14-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mary Davis Holt, Bobby Powers/Greenspace Partners-Agent, for zone change on property located at the intersection of Ashland City Road and Avondale Drive from R-1 Single Family Residential District to C-2 General Commercial District 11. ORDINANCE 15-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Luke Baggett, Syd Hedrick-Agent, for zone change on property located at the intersection of Seven Mile Ferry Road and Edmondson Ferry Road from C-2 General Commercial District and R-1 Single Family Residential District to R-6 Single Family Residential District 12. ORDINANCE 16-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of River Chase Marine Terminal, LLC for zone change on property located at the intersection of Ashland City Road and Beacon Drive from R-4 Multiple Family Residential District to R-2A Single Family Residential District 13. ORDINANCE 17-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Re4e Holdings, LLC, for zone change on property located at the intersection of Lafayette Road and Lillie Belle Lane from R-1 Single Family Residential District to R-6 Single Family Residential District 14. RESOLUTION 19-2020-21 ​Approving appointments to the Parking Commission ​[Removed; see New Business] ● Housing Authority: Trina Hill - September 2020 through September 2022; Dr. Gregory Stallworth - October 2020 through September 2025 ● Parking Commission: Andrea Herrera - September 2020 - August 2022 15. Adoption of Minutes: August 6 Councillady Streetman offered a statement regarding comments made during the August 6, 2020 Regular Session in reference to ​ORDINANCE 1-2020-21. ​She said there was no violation of the Open Meetings Act regarding questions from other members of the City Council to which she responded the answers should be given during a public meeting.  Mayor Pitts requested separate consideration of ​RESOLUTION 19-2020-21. Councilman Chandler registered a “nay” vote on ​ORDINANCE 5-2020-21​. Councilman Garrett, Councilman Allen, Councillady Smith, and Councilman Richmond registered a “nay” vote on ​ORDINANCE 1-2020-21​. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the Consent Agenda as amended passed. FINANCE COMMITTEE ​Chairman Jeff Burkhart ORDINANCE 19-2020-21 ​(First Reading) Authorizing sale of property located at 1019 Main Street to Tangi Smith The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Garrett. Councilman Burkhart made a motion to postpone action on this ordinance to the next regular session [October 1, 2020]. The motion was seconded by Councillady Streetman. Some members had previously expressed concern regarding the details of the purchase contract and options for selling the property. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to postpone action on this ordinance to the next regular session unanimously passed. ORDINANCE 20-2020-21 ​(First Reading) Amending the Official Code relative to gas, water, and sewer charges, deposits, programs, adjustments, and installment plans The recommendations of the Finance Committee and the Gas & Water Committee were for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. ORDINANCE 21-2020-21 ​(First Reading) Waiving credit processing ​fees Community Development The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Streetman. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. ORDINANCE 23-2020-21 (First Reading) Authorizing sale of property located at 10 Jamestown Place to Habitat For Humanity The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. RESOLUTION 10-2020-21 ​Authorizing an interlocal agreement with Montgomery County Emergency Management Agency for use of radio frequencies for emergency responses The recommendations of the Finance Committee and the Public Safety Committee were for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. RESOLUTION 11-2020-21 ​Authorizing an interlocal agreement with Montgomery County Emergency Medical Services for use of radio frequencies for emergency responses The recommendations of the Finance Committee and the Public Safety Committee were for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. There was no discussion. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. RESOLUTION 21-2020-21 ​Authorizing an interlocal agreement with Montgomery County pertaining to division of 2020 Byrne Justice Assistance Grant fund allocations and administration and use of such funds The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councillady Guzman. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. GAS & WATER COMMITTEE ​Chairlady Valerie Guzman ORDINANCE 18-2020-21 ​(First Reading) Authorizing extension of city utilities to Garrettsburg Road; request of Vernon Weakley The recommendation of the Gas & Water Committee was for approval. Councillady Guzman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. Councillady Guzman shared the following monthly department statistics: 197 million cubic feet of natural gas, 590 million gallons of treated water, 14,000 call center responses. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE ​Councilman David Allen Mayor Pitts welcomed Dennis Newburn, recently hired Director of Housing & Community Development. Councilman Allen said the Office of Housing & Community development was re-evaluating the department’s programs to be able to better leverage federal dollars in an effort to create more housing and economic opportunities for low and moderate income persons, to expand services for homeless, to increase short-term transitional housing, and expand support services. The staff was also creating a redevelopment program targeting legacy neighborhoods, adopting a re-use plan for the Frosty Morn property, and offering technical assistance to non-profit organizations using CDBG and HOME funds. PARKS & RECREATION COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman said the committee met recently to discuss ongoing and upcoming projects and vacant positions within the department. PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley ORDINANCE 22-2020-21 ​(First Reading) Amending the Official Code relative to storage of inoperable vehicles on commercial property The recommendation of the Public Safety Committee was for approval. Councilman Henley made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. Councilman Chandler later expressed appreciation to Building & Codes Interim Director David Smith and City Attorney Lance Baker for their assistance in developing this ordinance. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. RESOLUTION 20-2020-21 ​Adopting the Montgomery County Multi-Jurisdictional Hazard Mitigation Plan The recommendation of the Public Safety Committee was for approval. Councilman Henley made a motion to adopt this resolution. The motion was seconded by Councillady Streetman. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. Councilman Henley shared the following monthly department statistics: Building & Codes - 2,658 inspections, 290 enforcement cases, 92 abatement work orders, 95 single family permits, 31 multi-family permits, 20 commercial permits; Fire Rescue - 1,199 emergency runs; Police - 11,569 service calls. Councilman Henley welcomed 13 new police cadets. STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler Councilman Chandler announced the Dunbar Cave Bridge was being replaced by the State of Tennessee and the new Riverview Cemetery retaining wall was substantially complete. Sidewalk construction on Armistead Drive and Kirby Drive was nearing completion. Utility relocation at the intersection of Dunlop Lane and International  Boulevard was complete with the traffic signal scheduled to be installed within two weeks. He said utility relocation had begun along Rossview Road with a target completion date of Spring 2021. Meriwether Road & Trenton Road intersection improvements were underway. Councilman Chandler said City Garage expenses were currently under budget. TRANSPORTATION COMMITTEE ​Chairlady Wanda Smith Councillady Smith shared the following monthly department statistics: 36,363 passengers including 6,551 senior citizens, 2,125 demand responses. She announced CTS had implemented the “Adopt a Stop” program to help keep the city clean. In response to Councilman Allen’s question, Councllady Smith said the department was reviewing the need for sidewalks at the bus stop at Needmore Road and Tiny Town Road intersection. NEW BUSINESS CODE OF ETHICS Mayor Pitts introduced Attorney Saul Solomon, Klein Solomon & Mills, LLC, who had been hired to serve as City Attorney Pro Tem in light of a recent ethics complaint against City Attorney Lance Baker, Mayor Pitts, and members of the Finance Committee. ORDINANCE 24-2020-21 (First Reading) Amending the Official Code relative to the Code of Ethics regarding payment of attorney fees Councilman Norris made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Streetman. Councilman Norris made a motion to amend this ordinance by deleting the existing language as follows: b. Hearing procedures (1) (e) Each party shall have the right to represent themselves, and to have the assistance of legal counsel, but may not be represented by non-attorneys. The City Council may approve payment or reimbursement of attorney fee expenses for officials and employees who are charged with an alleged ethics violation. And by substituting instead the following language: b. Hearing procedures (1) (e) Each party shall have the right to represent themselves, and to have the assistance of legal counsel. The City Council may, by ordinance, advance expenses, or provide reimbursement of any expenses, to any person who is the subject of an ethics complaint before the ethics commission through any stage of the proceedings related to such ethics complaint. In determining whether to provide any such advancement or reimbursement of expenses, the Council shall take into account (i) the seriousness of the ethics violation alleged in the proceedings, (ii) whether the action that is  the subject of the complaint was undertaken within the scope of such person’s official position with the city; (iii) whether the person who is the subject of the proceeding acted in good faith, (iv) the totality of the circumstances related to the alleged ethics violation, and (v) any other factors the City Council believes are relevant. If upon a final determination of the ethics complaint, whether by the ethics commission in the proceedings under this Section, or by a court of law, there is a finding that the person who is the subject of the ethics complaint violated the ethics code in any material way, the City Council will be entitled to seek reimbursement for any expenses advanced or reimbursed to such person. The provisions of this Ordinance shall apply to all future complaints filed with the Commission and shall also apply to all complaints currently pending before the Commission. The motion was seconded by Councilman Henley. There was no objection to hearing from Mr. Solomon who explained this proposed amendment. In response to Councilman Garrett’s question, Mr. Solomon said prepayment of attorney fees would prevent a burden on the employee. Also responding to Councilman Garrett, Mr. Solomon said the Ethics Commission would only make recommendations to the City Council, but official consequences would be determined by the governing body. In response to Councilman Allen’s question regarding an accused elected official, Mr. Solomon said the individual could state for the record that “their vote answers only to their conscience and their obligation to their constituents and the citizens that the body represents.” Councilman Allen felt it would be a conflict of interest for currently accused members of the City Council to vote on this ordinance. In response to Councillady Smith’s question, Mr. Solomon said the deletion of “may not be represented by non-attorneys” was an error, and this specific language should be retained. Councilman Allen objected to using taxpayer dollars to defend an employee or official that is accused of an ethics violation by a member of the public. He said anyone accused should be responsible for their own attorney fees. Councilady Smith felt the amendment should not be considered until after the current ethics complaints were resolved. Mayor Pitts said the City attempted several times to settle the Robinson v. City case and said city employees should not be subject to harassment. He said he would not ask the City to pay for his legal fees to defend him against the complaint. Councilman Henley, Councillady Streetman, Councilman Burkhart, Councilman Chandler, Councillady Guzman, and City Attorney Lance Baker said they would not ask the City to pay for their legal fees with regard to the pending ethics complaint. Councilman Erb called for the question. The question was seconded by Councillady Smith. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to cease discussion on Councilman Norris’ amendment unanimously passed. The following vote on the amendment was recorded: AYE: Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Norris, Pitts, Streetman NAY: Allen, Garrett, Smith ABSTAIN: Richmond The amendment passed. Councilman Garrett felt amendments to this policy should be made after the current complaints have been resolved. He said the City should not be responsible for defending an employee or official accused of an ethics violation and felt a recommendation from the Ethics Commission would not require expensive legal representation. Councilman Burkhart called for the question. The question was seconded by Councillady Streetman. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Allen The motion to cease discussion passed. The following vote on the main motion as amended was recorded: AYE: Burkhart, Chandler, Erb, Guzman, Henley, Norris, Holleman, Pitts, Streetman NAY: Allen, Garrett ABSTAIN: Richmond, Smith The motion to adopt this ordinance on first reading passed. Mayor Pitts withdrew his proposed amendment which was included in the agenda but was not officially presented. ​ INTERNAL SERVICE FUND SETTLEMENT AUTHORITY ORDINANCE 29-2020-21 ​(First Reading) Amending ORDINANCE 29-2019-20 and the Official Code relative to Internal Service Fund settlement authority Councilman Chandler made a motion to postpone action on this ordinance to the next regular session [October 1, 2020]. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to postpone action this ordinance to the next regular session unanimously passed. CITY LEGISLATIVE AGENDA RESOLUTION 22-2020-21 Approving the City of Clarksville’s Legislative Agenda to be presented to the 112th Tennessee General Assembly Councilman Chandler made a motion to consider ​RESOLUTION 22-2020-21 which had not been presented during the August 27, 2020 Executive Session. The motion was seconded by Councilman Allen. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to consider this resolution passed by the required 3/4 majority approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Norris. Councilman Garrett made a motion to amend this resolution by adding the following agenda items: 1. Discontinue disenfranchising convicted felons by no longer taking away their right to vote or hold public office. 2. Make convicted felons a protected class as it relates to housing and employment discrimination. 3. Make it mandatory for all law enforcement officers to wear body cameras when on duty. 4. Require law enforcement officers to undergo a more thorough background check that includes social media. Any ties to racist and/or terrorist groups would be a disqualification for employment. The motion was seconded by Councilman Richmond. Councilman Allen was concerned that mandating body cameras for state-wide law enforcement may not be financially feasible for some cities or counties. Councilman Garrett felt that convicted felons should have their rights restored after they have served their due diligence.  Councillady Guzman felt that felony sex offenders should be excluded from the protected class relating to housing and employment (Garrett Amendment Item #2); Councillady Smith felt officers who had been decommissioned or fired should not be hired again as a law enforcement officer (Garrett Amendment Item #4). Both were offered as amendments to Councilman Garrett’s amendment to the resolution. Councilman Allen made a motion to suspend the rules to allow both amendments to be considered simultaneously. The motion was seconded by Councilman Garrett. The following vote was recorded: AYE: Allen, Garrett, Holleman, Norris, Pitts, Richmond, Smith NAY: Chandler, Erb, Guzman, Henley, Streetman, Burkhart The motion to suspend the rules passed. Councillady Streetman said the Montgomery County Commission included restoring voting rights for convicted felons and state funding for body work cameras on their list of requests. The following vote on Councillady Guzman’s and Councillady Smith’s amendments was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt both amendments unanimously passed. The following vote on Councilman Garrett’s amendment as amended was recorded: AYE: Allen, Chandler, Erb, Garrett, Guzman, Holleman, Norris, Richmond, Smith NAY: Burkhart, Streetman ABSTAIN: Henley, Pitts The motion to adopt Councilman Garrett’s amendment as amended passed. The following vote on the main motion as amended was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Erb ABSTAIN: Henley The motion to adopt this resolution as amended passed. BOARD APPOINTMENTS RESOLUTION 19-2020-21 ​Approving appointments to the Parking Commission This resolution was removed from the Consent Agenda. Councilman Garrett made a motion to adopt this resolution. The motion was seconded by Councilman Norris. Mayor Pitts made a motion to amend this resolution by adding and approving appointments of Syd Hedrick, Lawson Mabry, and Bert Singletary to the Land Regulation Advisory Committee, with terms effective September 2020  through August 2022. The motion was seconded by Councillady Streetman. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The amendment unanimously passed. The following vote on the main motion as amended was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution as amended unanimously passed. MAYOR AND COUNCIL MEMBER COMMENTS Councilman Garrett invited the City Council and the public to the grand opening of the Mosaic Church. Mayor Pitts reminded members of the Legislative Reception scheduled for September 22. ADJOURNMENT The meeting was adjourned at 9:55 p.m. ADOPTED: October 1, 2020