Cleveland City Council

p. 29 REGULAR SESSION FEBRUARY 22, 2016 3:00 P.M. MINUTE BOOK 28 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, FEBRUARY 22, 2016 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Tom Rowland. Also present were Councilmen Charlie McKenzie, Avery Johnson, David May, Jr., Dale Hughes, Richard Banks and Vice Mayor George Poe. Councilman Bill Estes was absent from the meeting. Others in attendance according to the sign-in sheet were as follows: City Manager Janice Casteel; Assistant City Manager Melinda Carroll; Finance Director Shawn McKay; City Attorney John Kimball; Sue Zius, Executive Assistant; Beverley Lindsey, Executive Secretary; Christy Bryant, Support Services Manager, Fire Chief Ron Harrison; Jonathan Jobe, Director of Development and Engineering; Public Works Director Tommy Myers; Parks and Recreation Director Patti Petitt; Police Chief Mark Gibson; Mark Fidler, Jetport Manager; Ken Webb and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Brian Moran, Social Media; Corey Divel, City Planner; City Reporter Randall Higgins; School Board Members Hal Taylor, Cathy Goodman and Charles Cogdill; Martha Ledford; Chris Anziano and Joe Branam with Olin Corporation; Pam Edgemon; Shawn Fairbanks with EMS; Sherry Maxfield; Megan Cook, Mayor of the Day; Gary Farlow and Doug Berry with the Chamber of Commerce; Paul Leach with the Chattanooga Times Free Press; Gail Perry with Chattanoogan.com; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Dr. William Lamb, who remembered the Estes and Lowery families who have recently lost loved ones, the following business was then entered into: Councilman Banks moved to excuse Councilman Bill Estes from today’s meeting due to the passing of his father in-law. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland introduced Mayor of the Day, Megan Cook. Ms. Cook attends Cleveland High School, where she is a junior. She volunteered with the Empty Stocking Fund and her name was drawn to be Mayor of the Day. Chris Cole with the Employer Support of the Guard and Reserve presented Police Chief Mark Gibson with an award for his support of his employees involved in the National Guard. Staff Sergeant Jonathan Prince nominated Chief Gibson for his support in allowing a balance in work schedule and his military duty. Without the support the Tennessee National Guard would not be able to perform their duties and accomplish their missions. The following letter has been received from Olin Corporation concerning sewer service. p. 30 REGULAR SESSION FEBRUARY 22, 2016 PAGE -2- MINUTE BOOK 28 Ken Webb stated they do not see a problem if the Council decides to grant approval but before the final connections are made a review would need to be done to test the strength of the wastewater and if a pretreatment would be required. Ms. Casteel recommended the Council review the request for the three if they are looking at approving the request and make certain these three would only be used by their plant and not a subcontractor. Councilman Banks stated this is downstream and would not increase the capacity or affect the Scope10 project. Mr. Webb stated with the work of Scope10 we are gaining capacity but no it would not affect the project. Councilman Hughes asked if there would be problems with subcontractors using this. Mr. Berry stated Olin operates a primary plant and they have an affiliate on site, Lonza and he believes that is the intent to allow the onsite plants to connect. Mr. Webb confirmed it was domestic wastewater. Olin Plant Manager Chris Anziano stated they do have a package plant they currently use and is in need of replacement. The primary tie in would allow us to replace the package plant with the municipal system. Councilman Banks asked for number of employees. Mr. Anziano stated 500-600 strong on the site. Councilman McKenzie asked if Olin would pay for cost. Mr. Webb stated yes they would be responsible. Councilman McKenzie asked if he could connect property to sewer if he paid a fee. Ms. Casteel stated the reason for the ordinance is because we can’t annex and a difference is this is industrial, providing jobs and looking at future development. Councilman Johnson asked who was using the facility outside the city limits. Mr. Webb stated there are some that are grandfathered in and is a limited number. Mayor Rowland stated the ordinance provides an exception for economic development. Councilman May asked about a timetable. Mr. Berry stated there is time and would bring back a report for moving forward. WAIVE READING OF MINUTES Councilman Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on February 8, 2016 and approve them as written. Councilman McKenzie stated the minutes need to be amended to include the additional expense not to exceed $8,000 for the Mercer contract. The motion was seconded by Councilman May; and upon roll call, unanimously passed. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Final Passage - Ordinance No: 2016-03 – heretofore passed on first reading February 8, 2016 and found in Minute Book 28, Page 21; abandoning an unopened section of 3rd St SE between Hill St SE and Sheeler St SE (Planning Commission: Approved 9-0).  Final Passage - Zoning Ordinance No: 2016-05 – heretofore passed on first reading February 8, 2016 and found in Minute Book 28, Page 24; rezoning 4.76 acres located at Smith Dr & Cedar Ln from R2 Low Density Single & Multi-Family Residential Zoning District to R3 Multi-Family Residential Zoning District (Planning Commission: Approved 9-0).  Final Passage - Ordinance No: 2016-06 – heretofore passed on first reading February 8, 2016 and found in Minute Book 28, Page 25; amending Title 8, Chapter 2, Section 8-210 of the Municipal Code to add a new classification of beer permit called Special Occasion Beer Permit.  Resolution No: 2016-12 – Authorizing the Mayor to submit an application to apply for the Local Parks and Recreation Funds (LPRF) for Tinsley Park (50/50; $250,000 for improvements to existing tennis courts and construction of new pavilion and restroom facility). p. 31 REGULAR SESSION FEBRUARY 22, 2016 PAGE -3- MINUTE BOOK 28 RESOLUTION NO: 2016-12 A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR LOCAL PARKS AND RECREATION FUNDS (LPRF) FOR TINSLEY PARK WHEREAS, the City of Cleveland is the owner of approximately 40 acres of land known as Tinsley; and, WHEREAS, the City is eligible to apply for a Local Parks and Recreation Fund grant through the Tennessee Department of Environment and Conservation; and, WHEREAS, the City Council of the City of Cleveland, Tennessee desires to improve the existing tennis courts and construct a new pavilion and restroom facility at the park. NOW, THEREFORE, BE IT RESOLVED by the City Council that the Mayor be and hereby is authorized to submit an application and all forms necessary for applying for the above referenced grant in an amount not to exceed $250,000. The City agrees to provide an equal amount of matching funds (in the form of cash and/or in-kind services) in order to fulfill the grant requirements. If said grant is approved, the Mayor is hereby authorized to accept (on behalf of the City of Cleveland) said grant and the Mayor is hereby designated as Cleveland’s representative to act in connection with the application and to provide additional information as may be required. Adopted this 22nd day of February, 2016 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-13 – Authorizing the Mayor to submit an application for the 2016 Home Housing Rehabilitation Project ($375,000). RESOLUTION NO. 2016-13 A RESOLUTION OF THE CITY OF CLEVELALND AUTHORIZING A HOME APPLICATION 2016 HOME HOUSING REHABILITATION PROJECT WHEREAS, the City Council of the City of Cleveland, Tennessee desires to improve the housing conditions of a low-income neighborhood in Cleveland; AND, WHEREAS, the City Council of the City of Cleveland recognizes the City’s eligibility to apply for a Tennessee Housing Development Agency (THDA) HOME grant for housing rehabilitation without the need for matching funds’ NOW, THEREFORE, BE IT RESOLVED that the Mayor be and hereby is authorized to submit an application, including all the understandings and assurances contained therein, to the State of Tennessee, Tennessee Housing Development Agency for funding in the amount of $375,000 for the 2016 Cleveland HOME Housing Rehabilitation Project. If said application is approved, the Mayor is hereby authorized to accept on behalf of the City of Cleveland said HOME Grant and the Mayor is hereby designated as the City’s representative to act in connection with the application and to provide such additional information as may be required. Adopted this 22nd day of February, 2016. p. 32 REGULAR SESSION FEBRUARY 22, 2016 PAGE -4- MINUTE BOOK 28 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-17 – Approving an agreement with Bradley County for the division of sale proceeds for a parcel owned by Bradley County that was purchased at a delinquent tax sale. RESOLUTION NO: 2016-17 WHEREAS, the Bradley County Tax Committee is in the process of trying to sell real property owned by the County which property is located at 330 Gaut Street (Tax I.D. Number 058A-A- 014.00), and WHEREAS, this property was purchased by Bradley County at a delinquent tax sale on March 24, 2011 for the sum of $1,772.03; and WHEREAS, on June 27,2007, the City recorded a Judgment lien against the property for $3,844.25, which amount reflected the City's cost of demolishing a burned structure located on the property; and WHEREAS, in August of 2014, Bradley County, through its tax committee, attempted to sell the subject property through the statutory process by advertising the property for sale with a minimum bid set of $8,346.02 (which minimum bid included the remaining County and City taxes still owed, the amount of the City's demolition lien, and the amount of the tax sale purchase price paid by the County); and WHEREAS, when Bradley County attempted to sell the property in August of 2014 the County did not receive a bid that met the minimum bid set by the County; and WHEREAS, the Bradley County Tax Committee then voted to reduce the minimum bid based upon a valuation of the property by the Committee at $2,000; and WHEREAS, the Bradley County Commission then voted to reduce the minimum bid on the property to $2,000, based upon the recommendation by the Bradley County Tax Committee, and to offer the property for sale for that amount, subject to an agreement being reached between the County and the City resolving the claims against the property if the property could be sold; and WHEREAS, the Bradley County delinquent tax committee then advertised the property for sale in November of 2015 and received a bid of $3,657.00; WHEREAS, the County Attorney has recently sent the attached e-mail to the City Attorney with a proposal to divide the sale proceeds of $3,657.00 between the County and the City as follows: (a) Payment of the County and City base taxes and penalty and interest for the tax years 2007 through 2010 and prorated Tax year 2011, which would be $808.62 for the City, and $920.77 for the County, for a total of $1,729.39. (b) After deducting the amount of $1,729.39 from the sale proceeds, the County and City would divide the remaining sale proceeds of $1,927.61 in proportion to the remaining amounts paid by the County and the City, which would mean the County would receive 31.55% of the remaining sale proceeds, and the City would receive 68.45% of the remaining sale proceeds ($1,319.45 to the City and $608.16 to the County); and p. 33 REGULAR SESSION FEBRUARY 22, 2016 PAGE -5- MINUTE BOOK 28 WHEREAS, the City Council desires to approve of this proposal by Bradley County to divide the sale proceeds, which will allow the property to be sold so it can go back on the County and City tax rolls. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of and agree to the proposal by Bradley County to sell the subject property, and the division of the proceeds set forth herein. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Motion – To declare Canine Strykr as surplus property (To be retired and adopted by Officer Harris).  Street Light Recommendation – Jack Dooley at 2478 Tam-O-Shanter Drive NW (Cleveland Utilities recommends the addition of one 51-watt LED fixture to meet city street lighting standards).  Street Light Recommendation – Norma Armstrong at 1807 Bell Tower Lane NE (Cleveland Utilities does not recommend additional street lighting; meets city street lighting standards). Vice Mayor Poe moved to approve the Consent Agenda. The motion was seconded by Councilman Hughes; and upon roll call, the motion unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Johnson inquired about the sidewalk project at Mayfield School to Joy Street. Mr. Jobe stated that is an MPO project, which is currently in the design phase and hopefully once the State approves they can begin construction this summer. Councilman May asked if we could construct the sidewalk only from Mayfield to Joy Street outside of the MPO plan. Mr. Myers stated we could get a contracted cost estimate. Councilman May stated he is receiving more complaints for this particular section. Mr. Jobe stated he will have to check with the State because if the plans get changed that could delay the entire project. Councilman May asked for a report at the next meeting. Councilman Johnson then asked about the sidewalk project along 20th Street to Stuart School from Georgetown Road. Mr. Jobe stated that is one we discussed in the Strategic meeting and due to lack of funding it was going to be placed as an MPO project. Councilman Johnson asked if the left turn lane on Georgetown was approved. Mr. Jobe stated yes it will happen. Councilman Johnson stated he didn’t want to lose the sidewalk project. He then inquired about the Rolling Hills walking path and reported places in need of repair. Mr. Myers stated he hasn’t been able to get a crew in due to the weather but knows repairs are needed. Councilman Johnson then announced he will not run for re-election for District 3 but does plan to run for the At-Large position. Councilman Hughes asked for a timeline on the Tinsley Park tennis courts. Ms. Petitt stated the deadline is April 22nd for the grant application and if awarded, we should receive notification in the summer and then the City will bid the project. Councilman Hughes then inquired about the Hall of Fame banquet. Ms. Petitt replied it is April 22nd. Councilman Hughes then stated he has been contacted by Steve Crass concerning the congestion on Georgetown Road at the Middle School and asked about the possibility of an additional turn lane into the school. He then asked for a motion to be placed on the agenda for a study to be conducted by staff and TDOT. Mr. Jobe stated TDOT will have to approve anything that is done. He continued that the plan for Hwy 60 includes improvements but we know that could be at least a couple years. Councilman Hughes stated yes, but he would like something more eminent. Mr. Jobe stated will see what he can do. p. 34 REGULAR SESSION FEBRUARY 22, 2016 PAGE -6- MINUTE BOOK 28 Councilman Banks asked about the Greenway access path to Jenkins. Mr. Myers stated the path stops at a property line and due to ADA requirements they couldn’t go further along APD 40. They will be working with the property owner to acquire a small strip of land to continue the path. Councilman Banks stated we need to give potential City Manager applicants some information and we are going to run short on time. He has asked Ms. Casteel if she would stay on until a new City Manager is selected and she didn’t seem too fired up about it. We have to consider all of this is in the middle of an election cycle and we need to give the committee some direction as far as applicant qualifications. They have a copy of the Charter, which states the City Manager shall be appointed by virtue of experience and/or educational qualifications. He then asked if they should set a minimum on experience or education or a blended situation. Councilman Johnson stated the Mercer Group should have a guideline of qualifications and doesn’t feel it’s appropriate for the Council to come up with the qualifications. When he spoke to Mr. Mercer he laid out strong bullet points the City Manager should have. Councilman Banks stated he believes the applicants need to know the minimum requirements otherwise as it is, anyone can apply. He then asked Larry Wallace if Mr. Mercer and the committee feel they need direction. Mr. Wallace stated he feels Mr. Mercer would appreciate direction and for the committee to be able to reach a consensus. Councilman Hughes stated he liked the term blended qualifications. He feels the Council does need to come up with the number of years of experience and education that would be required but it is clear what is in the Charter. Councilman May stated we can require an MBA with years of experience. Councilman Banks stated well, you can have someone with a lot of experience and no degree. Right now you can have someone with no experience or degree and they can apply. Councilman Johnson stated that would not be fair. Mayor Rowland stated the Charter says virtue of experience and/or educational qualifications and the committee would look at that and eliminate someone that has neither. Councilman Banks asked leave it wide open. Councilman Hughes stated leave it like it is. Councilman Banks then asked Bradley County Commissioner Milan Blake when the County was going to fund the improvements at Lake Forest. Commissioner Blake stated they will be discussing that this afternoon and it should be next budget year. He then asked if he anticipates any sort of maneuvering to prevent the City from receiving their share of the funding. Commissioner Blake stated no. Vice Mayor Poe stated he would like to see the sidewalk project on 20th Street expedited. He continued at Sunset and Ocoee there is a section of sidewalk that needs repaired after the gas company was finished with their project. He then stated at 18th and Ocoee Street there is water seeping where it was patched. Mr. Webb stated they would look into it. Lastly, Vice Mayor Poe stated he will seek re-election for the At-Large seat, which he has held for almost 16 years. Councilman Banks stated we are picking a new City Manager and there will be one new face up here and asked if the selection should be after the August 4th election. Mayor Rowland stated there is a state law that prevents the School Board from selecting a Superintendent during an election process. Mr. Cogdill stated 45 days before and 30 days after an election. City Attorney John Kimball stated there is a section in the City Code concerning after an election there is a time period that you cannot get rid of your City Manager. Councilman McKenzie asked how the students get to Bradley High School from the Boys and Girls Club or anywhere since there are no existing sidewalks on South Lee Hwy. Councilman Hughes believes the students walk along the roadway. Councilman McKenzie asked for a study on the need of sidewalks on South Lee Hwy. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION NO: 2016 – 14 A RESOLUTION AMENDING THE PERSONNEL POLICIES OF THE CITY OF CLEVELAND, TENNESSEE p. 35 REGULAR SESSION FEBRUARY 22, 2016 PAGE -7- MINUTE BOOK 28 THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted by Resolution on December 14, 2015 a revised Personnel Rules and Regulations document entitled “The City of Cleveland Personnel Rules and Regulations”; and WHEREAS, this document contains the personnel policies of the City of Cleveland; and WHEREAS, the Human Resources Committee, Department Heads and City Manager will review the personnel manual and submit any recommended amendments to the City Council for their consideration by the end of February each year; and WHEREAS, the City Manager, Department Heads, and the City’s Human Resources Committee are recommending the following amendment to the City’s Personnel Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee in Regular Session assembled this 22nd day of February, 2016 that the document entitled “The City of Cleveland Personnel Rules and Regulations” is hereby amended as follows: Section 1. Amend the City’s Personnel Rules and Regulations as follows: Section I. – PERSONNEL POLICIES  Subsection A. PURPOSE AND OBJECTIVES, as follows: Amend the last sentence on page 1 to read “Procedures for amendment are included in Section X, Item A. Amendments.”  Subsection B. PERSONNEL POLICY STATEMENT, 2. (d) POSITION CLASSIFICATION AND PAY ADMINISTRATION, to read: d. To conduct area wage and salary surveys annually in order to provide competitive wage and salary scales.  Subsection B. PERSONNEL POLICY STATEMENT, by adding the following sentence as 2. (e) POSITION CLASSIFICATION AND PAY ADMINISTRATION, to read: e. To hire an independent consultant to review the plan every five years. Section III – CLASSIFICATION PLAN  Subsection G. REQUEST FOR RECLASSIFICATION by adding the following sentence to that Subsection: The City Manager may direct that the recommendation be reviewed by an outside consultant. Section IV – COMPENSATION PLAN  Subsection G. RATE OF PAY WHEN POSITION IS CLASSIFIED OR RECLASSIFIED by changing the first paragraph to read: A position that has been classified or reclassified upwards shall have the salary range set accordingly. When a position is reclassified upwards, the employee in that position shall receive pay according to the city’s promotion policy. p. 36 REGULAR SESSION FEBRUARY 22, 2016 PAGE -8- MINUTE BOOK 28 Section V – EMPLOYMENT  Subsection F. MEDICAL EXAMINATIN OF ESSENTIAL FUNCTIONS AND GENERAL PHYSICALS, Post-employment, by changing #3 to read as follows: 3. They are unable to perform the essential job functions of their current position due to a temporary condition or disability not protected by the ADA or TDA. (Ref. Section IX, Item D, Disability)  Subsection R. OVERTIME PAY, by adding the following job classifications as exempt from the FLSA overtime provisions as allowed under FLSA: Information Technology (I.T.) Manager Staff Engineer Sr. Staff Engineer Deputy Fire Chief and by removing the following job classifications as exempt from the FLSA overtime provisions as allowed under FLSA: Stormwater Coordinator  Subsection T. PERSONNEL RECORDS, by adding two paragraphs from Section VIII – MISCELLANEOUS POLICIES, Subsection P. PERSONNEL RECORDS: Personnel records for each employee are kept on file and maintained by the Human Resources director. Any change of address, telephone number, marital status, draft status, number of dependents, or education completed should be turned in to the supervisor and to the Human Resources Department. The Human Resources Director also maintains the life insurance, vacation, pension and retirement, health insurance, and sick leave records for each employee. The Human Resources Department will advise employees of their eligibility so that they may take full advantage of all the benefits available. All medical records shall be kept in a separate confidential file for each employee.  Subsection W. STANDBY AND CALL-BACK PROVISIONS, as follows: Delete one truck driver from the Public Works Department standby pay and call-back pay list. Section VI – BENEFITS  Subsection B. HOLIDAY PAY, by adding the following sentence to the beginning of the first paragraph: Holiday hours are accumulated at the beginning of a calendar year.  Subsection B. HOLIDAY PAY, by adding the following sentence to the end of the first paragraph: Any untaken holiday hours remaining at the end of the calendar year shall be converted to vacation leave. p. 37 REGULAR SESSION FEBRUARY 22, 2016 PAGE -9- MINUTE BOOK 28  Subsection C. ANNUAL VACATION WITH PAY, as follows: Change the number of vacations hours per month for 0 – 1 years of service to 3.33, and by changing the number of equivalent vacation days for 1 – 4 years of service for employees working a 24/48 hour schedule to 4.67 days.  Subsection G. BEREAVEMENT PAY, as follows: Add the words “or memorial service” to the second paragraph.  Subsection I. MILITARY LEAVE, by amending the third sentence of the last paragraph of that section as follows: Compensation for such leave will be for a period not exceeding twenty (20) working days (216 hours for 24/48 shift fire personnel; 200 hours for 10 hour shift personnel; 160 hours for 8 hour shift personnel) in any one (1) calendar year, plus such additional days as may result from any call to active state duty pursuant to TCA 58-1-106.  Subsection M. COLLEGE INCENTIVE PAY, by amending the second and third paragraphs by deleting the word “November” and replacing it with the word “October”.  Subsection S. HOSPITATLIZATION INSURANCE, by amending f. by adding by following sentence: As of February 22, 2016, the premium reduction credit shall be based on actual full time service, military and sick leave accumulated with the City of Cleveland.  Subsection V. UNIFORMS AND LAUNDRY, by amending the paragraph by adding the Codes Enforcement Division of the Administration & Finance Department.  Subsection Y. MEDICARE SUPPLEMENT PROGRAM, by amending the second paragraph by adding the following sentence between the first and second sentences: However, as of February 22, 2016, years of creditable service is defined as actual full time service, military and sick leave accumulated with the City of Cleveland. Section VIII – MISCELLANEOUS POLICIES  Subsection B. TECHNOLOGY POLICY (Computers, Internet, Email, Cell Phone) by amending the section entitled Monitoring and Filtering by adding the following sentence after the first paragraph: Any correspondence of the employee in the form of electronic mail may be a public record under the Public Records Law and may be subject to public inspection.  Subsection J. USE OF CITY VEHICLES AND EQUIPMENT, by adding the following personnel: Deputy Fire Chief, General Supervisor III/Assistant Director of Public Works, City Engineer, Senior Staff Engineer and Staff Engineer.  Subsection P. PERSONNEL RECORDS, by deleting this entire subsection and combining it with Section V – EMPLOYMENT, Subsection T. PERSONNEL RECORDS. The following Subsections are retitled appropriately. p. 38 REGULAR SESSION FEBRUARY 22, 2016 PAGE -10- MINUTE BOOK 28 Section 2. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 22nd day of February, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Johnson moved that Resolution No: 2016-14 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-15 WHEREAS, the City Council approved Resolution 2015-102 at its regular City Council meeting that occurred on December 14, 2015; and WHEREAS, that Resolution approved of the proposed 2016 Communications Agreement between the City of Cleveland, Bradley County, the City of Charleston, and the Bradley County Emergency Communications District; and WHEREAS, subsequent to the City Council meeting that occurred on December 14, 2015, the Bradley County Commission has approved the 2016 Communications agreement with some changes to the form of the agreement, specifically the following: (a) Change to Section 7(D)-Funding by parties. (b) Changes to Sections 13 (A) and 13 (C)-Indemnification and Hold Harmless (c) Change to Section 14-Insurance & Limitation of Protection WHEREAS, the City Manager and City staff have reviewed the changes approved by the Bradley County Commission, and are now recommending that the City Council approve of the proposed changes so that the 2016 Communications Agreement approved by the parties is identical; and WHEREAS, the 2016 Communications agreement approved by the Bradley County Commission is attached to this Resolution; and WHEREAS, the City Council desires to approve of the 2016 Communications Agreement with the changes approved by Bradley County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the 2016 Communications Agreement which is attached hereto and incorporated herein by reference, and the Council further authorizes the Mayor to execute the same on behalf of the City of Cleveland. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 39 REGULAR SESSION FEBRUARY 22, 2016 PAGE -11- MINUTE BOOK 28 Councilman Johnson moved that Resolution No: 2016-15 be accepted as presented and stated the services are important to our community. Councilman McKenzie inquired of the changes since this was approved back in December. Ms. Casteel stated you had previously voted for a formula calculations in the last two years of funding. Bradley County made some changes to that portion to revisit the funding when the time comes. Councilman McKenzie asked if they needed to vote on this today. Ms. Casteel stated no, but you would need to vote on it soon so numbers can be in place for the budget. Councilman Johnson stated he supports the 911 Center and if further discussion needs to be held he will withdraw his motion. He then asked if Bradley County withholding the last two years of the agreement. Ms. Casteel stated no. They are saying the level will be at the $650,000 unless you amend the agreement. Without an agreement their funding would stay at $450,000 as you are given today. Councilman Banks asked Commissioner Blake if the concerns of Danny Lawson regarding personnel and equipment need and if those request have been dealt with by the County. Commissioner Blake stated past the $650,000 there were too many unknowns. We are in agreement with the first two years and wanted to look at the Department of Treasury’s new process and see what the numbers for cell phone and land lines are to use those instead of property taxes. Councilman Banks asked about the communication frequency between the Sheriff’s office and City Police Department and if a solution had been reached. Chief Gibson stated they have met and have agreed on which direction to proceed and are taking the necessary steps. Sherry Maxfield with the 911 Center stated what the County passed in December has not been seen by the 911 Board. They will discuss the revisions at their next meeting this week. Councilman Banks asked if we could wait two weeks. Councilman Hughes asked to delay it until the April 11th Budget meeting. Ms. Casteel stated we will budget for the $100,000. Councilman Johnson stated he will withdraw his motion. Vice Mayor Poe asked if the radios were still connected with Chattanooga where they could cut us off without notice. Chief Gibson stated yes that is one of the items they discussed in their meetings. They don’t just shut us off. Basically, it’s like a cell phone service and if everyone is trying to use the radio at once it may not let you on. It would have to be a major emergency. The issues we are trying to work out is with the Fire Department and the Sheriff’s office in rural areas. Vice Mayor Poe asked if we needed our own system. Chief Gibson stated it would be very expensive. We have looked into it and you are basically getting the same system you already have and paying more costs. We have committed to make the system work better and it works for us. Vice Mayor Poe stated when we looked at the 800 mhz system he said we’d have problem and it’s been proven true. The following Resolution was then presented in full: RESOLUTION NO: 2016-16 A RESOLUTION RECOGNIZING A CHARITABLE PLEDGE FROM THE BANK OF CLEVELAND DESIGNATED FOR THE WEIGHT ROOM/FITNESS CENTER AT THE NEW RAIDER ARENA, AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH BANK OF CLEVELAND RELATING TO THE SAME WHEREAS, the City of Cleveland and Cleveland City Schools have recently received a generous pledge from the Bank of Cleveland which will provide additional funding for the Raider Arena at Cleveland High School and which additional funding will to be used to construct a weight room/fitness center; and WHEREAS, the City and the Bank of Cleveland have set forth their agreement of the payment of the pledge and the use of the funds in writing, which agreement is attached hereto and incorporated herein by reference; and WHEREAS, the City of Cleveland greatly appreciates the donor’s proposed gift to the City, and desires to formally recognize the same. p. 40 REGULAR SESSION FEBRUARY 22, 2016 PAGE -12- MINUTE BOOK 28 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee does hereby accept the gracious pledge from the Bank of Cleveland for the weight room/fitness center at the new Raider Arena, and the City Council hereby extends its sincere appreciation to the Bank of Cleveland for this gift to the City. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the attached agreement with the Bank of Cleveland on behalf of the City. [on file in the City Clerk’s Office.] /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2016-16 be accepted as presented. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. The following street light recommendation was received from Cleveland Utilities: Street Light Recommendation – United Way at First St SW and Church St SW (Cleveland Utilities stated street lighting on the roadway meets the City street lighting standards but were dim. The fixtures were cleaned and bulbs were replaced with 53-watt LED. Levels on the roadway can be increased by replacing the five (5) fixtures in the area to 133-watt LED. (The 53- watt LED is the standard fixture size for this roadway width and type.) The stranded cost to replace the five (5) fixtures is $814.15, if approved by Council. There is also a concern of dark areas that might pose a security risk around and between buildings and parking area. However, the areas are privately owned and would require the owners to install lighting or lease parking lighting from CU). Councilman Johnson moved to approve the suggested replacement of five (5) fixtures 133-watt LED at a cost of $814.15. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Councilman Poe asked that the street lighting also be reviewed on Ocoee Street between st 1 and Inman Street. The following street light recommendation was received from Cleveland Utilities: Street Light Recommendation – Estin Pyle, Jackson Furniture at 1910 King Edward Ave SW (Cleveland Utilities stated the existing fixture wattages and spacing meet the City street lighting standards. Mr. Pyle has safety concerns for their employees and asked for the fixtures to be upgraded to LED. The stranded cost to the City would be $325.66 for the upgrade of two (2) fixtures. A 51-watt LED fixture would be the equivalent replacement or a 133-watt LED fixture would increase the roadway illumination significantly. City Council would need to choose a wattage preference, if the upgrade is approved). Councilman May moved to approve the upgrade of two (2) 133-watt LED fixtures at a cost of $325.66. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman Hughes moved to add Ms. Cathy Goodman to fill the vacancy of Martin Ringstaff on the school funding committee for the new elementary school. The motion was seconded by Councilman Johnson; and upon roll call, unanimously passed. Councilman May moved that Ordinance No: 2016-04 – heretofore passed on first reading February 8, 2016 and found in Minute book 28, Page 22; abandoning right-of-way along 6th St NE from Church St NE to Parker St NE, along 6th St NE from Parker St NE, Walker St NE, along 5th St NE from Parker St NE to Walker St NE, and along Trunk St from north of 680 Trunk St to the southern side of 490 Trunk St (Planning Commission: Approved 9-0) be approved on final reading. The motion was seconded by Councilman Hughes. Upon roll call, Councilmen May, Hughes, McKenzie, Johnson and Vice Mayor Poe aye. Councilman Banks passed on the motion. p. 41 REGULAR SESSION FEBRUARY 22, 2016 PAGE -13- MINUTE BOOK 28 Councilman Hughes moved that Development and Engineering study an additional turn lane at Cleveland Middle to relieve congestion in the area and this be done prior to the State project. The motion was seconded by Councilman May. Councilman Johnson asked if this would need to be approved by TDOT. Mr. Jobe stated yes. Councilman Hughes stated this is just for a study. Upon roll call, the motion was unanimously passed. There being no future business the meeting was adjourned at 4:13 p.m. _________________________________ ______________________________ Mayor City Clerk