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City Council

Regular Meeting

Clarksville, TN · April 13, 2021

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Minutes

CLARKSVILLE CITY COUNCIL SPECIAL SESSION APRIL 13, 2021 MINUTES CALL TO ORDER A special session of the Clarksville City Council was called to order by Mayor Joe Pitts on Tuesday, April 13, 2021, at 4:30 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. This meeting was conducted in person, via Google Meets, and live streamed on cityofclarksville.com. A prayer was offered by Councilperson Wanda Allen; the Pledge of Allegiance was led by Councilperson Jason Knight. ATTENDANCE IN PERSON: Jason Knight (Ward 5), Travis Holleman (Ward 7), Wanda Allen (Ward 8), Karen Reynolds (Ward 9), Stacey Streetman (Ward 10), Ashlee Evans (Ward 11), Trisha Butler (Ward 12) VIA GOOGLE MEETS: Richard Garrett (Ward 1), Vondell Richmond (Ward 2), DaJuan Little (Ward 3), Wallace Redd (Ward 4), Wanda Smith (Ward 6) 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.” Councilperson Holleman made a motion to approve the electronic meeting. The motion was seconded by Councilperson Evans. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to approve the electronic meeting unanimously passed. BOARD APPOINTMENTS RESOLUTION 68-2020-21 Approving appointments to the Community Health Foundation and the Board of Zoning Appeals ● Community Health Foundation: Dr. Mark Trawinski - March 2021 through February 2024 ● Board of Zoning Appeals: Michael Long - Coterminous RPC; Joe Shackeenab - April 2021 through December 2025 Councilperson Knight made a motion to adopt this resolution. The motion was seconded by Councilperson Smith. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. CARES ACT FUNDING ORDINANCE 81-2020-21 (Second Reading) Amending the FY21 Housing and Community Development budget for CARES Act Part 1 program funding Councilperson Smith made a motion to adopt this ordinance on second reading. The motion was seconded by Councilperson Allen. Councilperson Smith said this amendment involved a Housing & Urban Development grant in the amount of $600,000 and noted the funds were already allocated. Housing & Community Director Dennis Newburn said 10% funding for administration was allowed by law. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on second reading unanimously passed. ORDINANCE 82-2020-21 (Second reading) Amending the FY21 Housing and Community Development budget for CARES Act Round 3 Program funds Councilperson Smith made a motion to adopt this ordinance on second reading. The motion was seconded by Councilperson Redd. Councilperson Smith said this amendment involved a Housing & Urban Development grant in the amount of $838,000. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on second reading unanimously passed. HIRING OUTSIDE COUNSEL ORDINANCE 93-2020-21 (First Reading; Postponed April 1st) Amending the Official Code relative to hiring outside counsel Councilperson Allen made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Evans. Councilperson Allen motioned to discuss this ordinance as a Committee of the Whole. The motion was seconded by Councilperson Smith. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to discuss as a Committee of the Whole unanimously passed. Councilperson Allen said this change would make the City Council, as well as the City Attorney, accountable for outside legal expenditures. City Attorney Lance Baker felt this amendment should be referred to the Finance Committee for a more intensive study and said he would like additional time to consider the ramifications to avoid unintended consequences. Mr. Baker responded to Councilperson Reynolds stating the appropriation for legal services had been reduced over the years because of the ability for staff to perform in-house legal services. He said outside counsel fees and judgements are paid from the Internal Service Fund and not from the Legal Department’s operating budget. Chief Financial Officer Laurie Matta said any overages from the ISF are paid from the General Fund. Mr. Baker said the Legal Department does not have software to track hours worked on specific cases and stated few government legal departments track time. Councilperson Redd made a motion to revert to special session. The motion was seconded by Councilperson Smith. The following vote was recorded: AYE: Allen, Garrett, Holleman, Knight, Little, Pitts, Redd, Streetman NAY: Butler, Evans, Reynolds, Richmond, Smith The motion to revert to special session passed. Councilperson Allen made a motion to postpone action on this ordinance to a special session prior to April 30, 2021. The motion was seconded by Councilperson Reynolds. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to postpone passed. ADJOURNMENT The meeting adjourned at 6:26 p.m. ADOPTED: May 6, 2021

Agenda

CLARKSVILLE CITY COUNCIL SPECIAL SESSION APRIL 13, 2021, 4:30 P.M. IN AN EFFORT TO FACILITATE THE CONTINUED RESPONSE TO THE CORONAVIRUS DISEASE (COVID-19), THIS MEETING WILL BE CONDUCTED VIA GOOGLE MEETS AND LIVE STREAMED ON CITYOFCLARKSVILLE.COM AGENDA 1) CALL TO ORDER Mayor Joe Pitts 2) PRAYER Councilperson Wanda Allen 3) PLEDGE OF ALLEGIANCE Councilperson Jason Knight 4) ATTENDANCE City Clerk 5) 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.” 6) BOARD APPOINTMENTS 1. RESOLUTION 68-2020-21 Approving appointments to the Community Health Foundation and the Board of Zoning Appeals Mayor Pitts ● Community Health Foundation: Dr. Mark Trawinski (reappointment) - March 2021 through February 2024 ● Board of Zoning Appeals: Michael Long (replaced Mark Kelly-resigned) - Coterminous RPC; Joe Shackeenab (replace Tracy Knight-term expired) - April 2021 through December 2025 7) CARES ACT FUNDING 1. ORDINANCE 81-2020-21 (Second Reading) Amending the FY21 Housing and Community Development budget for CARES Act Part 1 program funding Councilperson Smith 2. ORDINANCE 82-2020-21 (Second reading) Amending the FY21 Housing and Community Development budget for CARES Act Round 3 Program funds Councilperson Smith 8) HIRING OUTSIDE COUNSEL 1. ORDINANCE 93-2020-21 (First Reading; Postponed April 1st) Amending the Official Code relative to hiring outside counsel Councilperson Allen 9) ADJOURNMENT RESOLUTION 68-2020-21 A RESOLUTION APPROVING APPOINTMENTS TO THE COMMUNITY HEALTH FOUNDATION AND BOARD OF ZONING APPEALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves the following appointments: Community Health Foundation: Dr. Mark Trawinski - March 2021 through February 2024 Board of Zoning Appeals: Michael Long - Coterminous RPC; Joe Shakeenab - April 2021 through December 2025 ADOPTED: ORDINANCE 81-2020-21 AN ORDINANCE AMENDING THE FY 2021 HOUSING AND COMMUNITY DEVELOPMENT BUDGET (ORDINANCE 87-2019-20) AUTHORIZING THE CITY OF CLARKSVILLE TO CREATE PROJECTS TO UTILIZE THE 2020 EMERGENCY SOLUTIONS GRANT CARES ACT – PART I PROGRAM (ESG-CV) FUNDS FROM TENNESSEE HOUSING DEVELOPMENT AGENCY (THDA) WHEREAS, the Housing and Community Development office of the City of Clarksville has been awarded funding from THDA to maintain, rehabilitate, and/or operate emergency homeless shelters; to provide essential services, street outreach and/or rapid re-housing services to the homeless; to provide prevention services to households at risk of homelessness; to expand, rehabilitate, or convert buildings for use as emergency shelter for the homeless; and to perform data collection activities for all persons assisted, and; WHEREAS, the grant period is to be effective from December 1, 2020 to September 30, 2022; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the following projects be created within the ESG Fund: 82463001 4111 AECV1 Administration Increase: $ 33,750 82463003 4810 SECV1 Subrecipient: Salvation Army 2020 Increase: $168,750 82463003 4810 UECV1 Subrecipient: Urban Ministries 2020 Increase: $168,750 BE IT FURTHER ORDAINED: That the following ESG be budgeted: 8246300 33150 Grant Revenue Increase: $371,250 FIRST READING: April 1, 2021 SECOND READING: Scheduled for April 13, 2021 EFFECTIVE DATE: ORDINANCE 82-2020-21 AN ORDINANCE AMENDING THE FY 2021 HOUSING AND COMMUNITY DEVELOPMENT BUDGET (ORDINANCE 87-2019-20) AUTHORIZING THE CITY OF CLARKSVILLE TO CREATE PROJECTS TO UTILIZE THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY (CARES) ACT – ROUND 3 PROGRAM FUNDS (CDBG-CV) FROM HUD (U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT) WHEREAS, the Housing and Community Development office of the City of Clarksville has been awarded funding from HUD to prevent, prepare for, and respond to coronavirus; and WHEREAS, the award received by the Housing and Community Development office for Round 1 of the CARES Act in the amount of $600,941 was approved by the City Council during the fiscal year end budget process in June 2020; and WHEREAS, HUD combined the Round 1 award amount with the Round 3 award amount of $838,820 for a total award of $1,439,761; and WHEREAS, the grant period is to be effective beginning August 31, 2020; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the revenues and expenditures for the CDBG-CV Round 1 funding be amended from the prior approved allocations as demonstrated on Exhibit A to the budget allocations of the combined Round 1 and Round 3 allocations as demonstrated on Exhibit B below. FIRST READING: April 1, 2021 SECOND READING: Scheduled for April 13, 2021 EFFECTIVE DATE: Exhibit A CDBG-CV PROGRAM CDBG-CV ALLOCATION Acquisitions $ 218,500.00 Rehabilitation $ 223,500.00 Other - Subrecipients $ 38,752.80 Program Administration $ 120,188.20 TOTAL $ 600,941.00 Exhibit B CDBG-CV PROGRAM CDBG-CV ALLOCATION United Way of the Greater Clarksville $ 600,000.00 Region – Eviction Prevention Matthew Walker Comprehensive $ 300,000.00 Health Center – Healthcare Legal Aid Society of Middle Tennessee & the Cumberlands – $ 100,000.00 Fair Housing Counseling & Legal Assistance Butterfly Moments/HCD – Utility $111,808.80 Relief Plum Street House Rehabilitation $ 40,000.00 Program Administration $287,952.20 TOTAL $1,439,761.00 ORDINANCE 93-2020-21 AN ORDINANCE AMENDING THE OFFICIAL CODE OF THE CITY OF CLARKSVILLE , TENNESSEE, TITLE 6, “FINANCE AND TAXATION,” CHAPTER 5, “BUDGETS, IMPLEMENTATION, AND ADMINISTRATION,” SECTION 6-514(B), “INTERNAL SERVICE FUND,” RELATIVE TO HIRING OUTSIDE COUNSEL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Official Code of the City of Clarksville, Tennessee, is hereby amended by deleting the existing language in Section 6-514(b) in its entirety and by substituting instead the following: (b) The city attorney, and his/her assistants, shall be responsible for claims and litigation management, under the supervision of the city council, not otherwise inconsistent with his duties as city attorney as provided in the City Charter, or with state law of general application, to include the Tennessee Rules of Professional Conduct for attorneys. The city attorney shall have full authority regarding the determination as to whether to retain outside counsel, and the selection of outside counsel, with regard to all legal matters involving the city, to include defense of claims made or threatened against the city, and the city attorney shall make reports to the city council regarding same from time to time, or as otherwise directed by the mayor or city council. (b) The city attorney, and his/her assistants, shall be responsible for claims and litigation management, under the supervision of the city council, not otherwise inconsistent with his/her duties as city attorney as provided in the City Charter, or with state law of general application, to include the Tennessee Rules of Professional Conduct for attorneys. Should the city attorney deem it necessary to retain outside counsel, the city attorney shall submit a request to the city council, which request shall state: the grounds for retaining outside counsel; the proposed scope of the outside counsel’s employment; the city attorney’s best estimate of the total cost of retaining outside counsel for the grounds stated; and the city attorney’s best estimate of the total liability exposure presented to the City by any such matter in which outside counsel is involved. The city council, by majority vote, shall have full authority regarding the determination as to whether to retain outside counsel, and the selection of outside counsel, with regard to all legal matters involving the city, to include defense of claims made or threatened against the city. The city council, by majority vote, shall have full authority to apportion funding for retaining outside council. Should the cost of any such outside council retained exceed the estimate provided in the city attorney’s request, the city attorney shall submit a report to the city council detailing the reasons for the cost overrun and the city attorney’s best estimate of the total additional cost of such outside council. Additional funds for outside council shall be apportioned by the city council only after the city attorney submits such report and only upon majority of the city council. The city attorney shall provide the city council with a monthly report on the status of every matter in which outside council is involved, which report shall include: a running total of the cost of the outside counsel for each such matter; the city attorney’s best estimate of the total liability exposure presented to the City by any such matter; and the city attorney’s best estimate of the likelihood of success of each such matter. POSTPONED: April 1, 2021 to Special Session or May 6, 2021 FIRST READING: SECOND READING: EFFECTIVE DATE:

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