Cleveland City Council
Regular MeetingCleveland, TN · August 22, 2016
Minutes
p. 230 REGULAR SESSION
AUGUST 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, AUGUST
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, Bill Estes, Avery Johnson, David May, Jr., Dale Hughes and Richard Banks. Vice
Mayor George Poe was absent from the meeting. Others in attendance according to the sign-in
sheet were as follows: City Manager Joe Fivas; Assistant City Manager/Operations Melinda
Carroll; Assistant City Manager/CFO Shawn McKay; City Attorney John Kimball; Sue Zius,
Assistant to the Mayor/Legislative Liaison; Christy Bryant, Support Services Manager, Beverley
Lindsey, Executive Secretary II; Fire Chief Ron Harrison; Bryan Turner, Building Official;
Tommy Myers, Director of Public Works; Parks and Recreation Director Patti Petitt; Police
Chief Mark Gibson; Kris Miller, IT Director; Brian Moran, Social Media; Ken Webb, Tim
Henderson and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Doug
Berry and Gary Farlow with the Chamber of Commerce; Curtis Harrington with Best Brands,
Inc.; Jerry Franitza; Scott Neill; Keith Barrett; Rick Smith; Ty Bramlett; Hazel Spain; Desiree
Colin; NaCole Massengill; LaManda Bowers; Chuck and Jo Haney; Terry McCoy; Floyd
Chastain; Julian Sullivan; Greg Thomas; Tom Cate; School Board Members Tom Cloud; Dawn
Robertson and Charlie Cogdill; Hal Taylor; School Director Dr. Russell Dyer; Gail Perry with
the Chattanoogan.com; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of
Allegiance to the American Flag and prayer by Councilman Johnson, the following business was
then entered into:
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 August 8, 2016 and
approve them as written. The motion was seconded by Councilman May; and upon roll call the
motion unanimously passed.
PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL
Mayor Rowland read the following proclamation and presented Jerry Franitza with his own
street sign.
“J E R R Y F R A N I T Z A D A Y”
Whereas, Jerry Franitza first became involved with Habitat for Humanity of Cleveland in
1996 as a volunteer, working at Eaton Corporation at the time, he volunteered to
take time on a project supervising other volunteers installing siding on a Habitat
home; and . . . .
Whereas, Habitat for Humanity of Cleveland was incorporated by the State of Tennessee and
with Habitat for Humanity International in the fall of 1990; and . . . .
Whereas, Jerry became the first paid construction director in 2002, and has supervised the
construction of over 100 homes in our community; and . . . .
Whereas, he plans to continue his involvement with Habitat of Cleveland as a volunteer and
mentor for new Construction Director Tyler Bramlett;
NOW THEREFORE, I, Tom Rowland, Mayor of the City of Cleveland, Tennessee do hereby
proclaim Monday, August 22, 2016 as ‘JERRY FRANITZA DAY” in recognition of his
devotion, wisdom, leadership and hard work towards fulfilling the mission of Habitat for
Humanity of Cleveland, serving the City of Cleveland and all of Bradley County,
AND FURTHER, the street in Victory Cove, a Habitat Development, will be known as Franitza
Way, SW in honor of Jerry Franitza.
p. 231 REGULAR SESSION
AUGUST 22, 2016
PAGE -2-
MINUTE BOOK 28
Mayor Rowland stated the Finance Department of the City of Cleveland has received the
Certificate of Achievement for Excellence in Financial Reporting Award. This is the twenty-
eighth consecutive year. He then presented Assistant City Manager/CFO Shawn McKay,
Assistant City Manager Melinda Carroll, City Manager Joe Fivas, City Accountant Amy
Newman and Auditor Mark Lay with the audit award for Fiscal Year 2015.
Mayor Rowland then presented the Municipal Management Academy Supervisory
Training Certificates for Level 1 to Beverley Lindsey and Kim Spence.
CONSENT AGENDA
Mayor Rowland reviewed the items on the consent agenda.
• Final Passage - Zoning Ordinance No: 2016-29 – heretofore passed on first
reading August 8, 2016 and found in Minute Book 28, Page 225; zoning 0.52 acres
located on Tasso Lane from the unincorporated county into a Planning Unit
Development (PUD12) Zoning District (Planning Commission: Approved 7-0; 2
members absent).
• Final Passage - Ordinance No: 2016-30 – heretofore passed on first reading August
8, 2016 and found in Minute Book 28, Page 227; amending Title 14, Chapter 2,
Section 2.21.4 of the Zoning Regulations to revise the requirements for Planning
Commission approval within the Inman Street East Zoning District (Planning
Commission: Approved 7-0; 2 members absent).
• Reappointment – Vacant Property Review Board – Verrill Norwood for an
additional two-year term to expire May, 2018
• Reappointment – Vacant Property Review Board – Duane Gilbert for an additional
two-year term to expire May, 2018.
• Reappointment – Plumbing Board – Brian Sells for an additional five-year term to
expire April, 2021.
• Appointment – Plumbing Board – Alan Colloms for a five-year term to expire
April, 2021 (Replacing Sydney Crandall).
Councilman Hughes moved to approve the Consent Agenda. The motion was seconded
by Councilman Banks; and upon roll call, the motion unanimously passed.
Councilman Banks moved to appoint Robbie Garrison to the Cleveland Airport Authority
when Mike McCoy’s term expires. The motion was seconded by Councilman Johnson; and upon
roll call, unanimously passed.
Councilman Banks moved to appoint newly elected Councilmember Tom Cassada to the
Museum Board as the City Council representative effective September 13. The motion was
seconded by Councilman Estes; and upon roll call, unanimously passed.
Mayor Rowland stated he is reappointing to the Shade Tree Board Matt Coleman, Milan
Blake, Dennis Epperson and Ken Webb all for an additional two-year term.
p. 232 REGULAR SESSION
AUGUST 22, 2016
PAGE -3-
MINUTE BOOK 28
Mayor Rowland then read the following letter from Terry Henry regarding Public Works
employee Christi Long.
UNFINISHED BUSINESS
Councilman May moved that Ordinance No: 2016-31 - amending Title 8, Chapter 2,
Section 8-210 to add a new class of beer permit called Non-consumption Wholesaler Permit;
heretofore passed on first reading on August 8, 2016 and found in Minute Book 28, Page 228 be
voted for passage on final reading. The motion was seconded by Councilman Banks. Upon roll call,
Councilmen May, Banks, Estes and Johnson voted aye. Councilmen McKenzie and Hughes voted
no. The motion passed 4:2.
REPORTS OF MAYOR AND COUNCIL MEMBERS
Councilman Banks stated he was hoping Vice Mayor Poe would be present today to say a
few words about his service to the community. He then moved, for historical purposes, that City
staff compile a list of Vice Mayor George Poe’s accomplishments as far as volunteering in the
community and giving his service to the City of Cleveland. The motion was seconded by
Councilman Hughes; and upon roll call, unanimously passed.
Councilman George Poe, Jr. deserves to be recognized for some of the many
accomplishments that he helped to achieve during his 16 years as Councilman, two years
as Vice Mayor.
He served on many boards and commissions throughout the years; Cleveland Urban Area
Metropolitan Planning Organization , Chamber of Commerce Economic Development
Committee, Cleveland Animal Shelter Advisory Board, Fort Hill Cemetery Board,
Cleveland Emergency Shelter for the Homeless, Cleveland Shade Tree Board, Behavioral
Research Institute Board, Cleveland Municipal Planning Commission, Cleveland/Bradley
Community Services Board, and Tennessee Rehabilitation Center.
p. 233 REGULAR SESSION
AUGUST 22, 2016
PAGE -4-
MINUTE BOOK 28
Poe is a former member of the Cleveland/Bradley Civil Defense Fire Department,
Cleveland/Bradley Rescue, Cleveland Volunteer Fire Department and Cleveland Fire
Department. He was named volunteer of the year by Cleveland Fire Department and on
three separate occasions by Bradley County Fire and Rescue; he recently received the
public service award at the Community First Awards Gala which benefited the Cleveland
State Community College Foundation, and was voted Republican Man of the Year in
2012.
The growth in the property tax base has helped fund new construction such as Cleveland
High School addition, Cleveland High School Arena Cleveland Middle School, Mayfield
Elementary School, Spring Branch Industrial Park, Cleveland Police Service Center,
Mosby Park Swimming pool and South Cleveland Community Center swimming pool as
well as Exit 20, numerous sidewalk and paving projects, Cleveland Jetport, flooding and
draining projects and numerous improvements of recreation facilities.
Councilman Banks stated he spoke with Jonathan Porter who asked if the Council would
consider a night time meeting, say 6:00 p.m., so working people can participate in the process.
Any city staff that has to work over, give them comp time. If they’re here two hours, let them
take off two hours. He felt he made a good point and suggested we consider and discuss further
and Mr. Fivas and staff look into the possibility of that in the future.
Councilman McKenzie recognized Danny Chastain, who was in attendance today. He
thanked him for his service to our community and for serving on the City Manager Selection
Committee. The audience gave Mr. Chastain a round of applause.
NEW BUSINESS AND ORDINANCES
City Manager Joe Fivas stated when he starts in a new community he likes to see where
the community has been and where the community is going. He feels having a roadmap is
critical. Mr. Fivas then reviewed the following presentation on strategic planning and downtown
redevelopment.
p. 234 REGULAR SESSION
AUGUST 22, 2016
PAGE -5-
MINUTE BOOK 28
p. 235 REGULAR SESSION
AUGUST 22, 2016
PAGE -6-
MINUTE BOOK 28
p. 236 REGULAR SESSION
AUGUST 22, 2016
PAGE -7-
MINUTE BOOK 28
Mr. Fivas continued it is important to have documents that don’t go sit on a shelf. You
create plans and documents to help you move forward to know what you want to accomplish. A
three year implementation plan would go through what are the Council’s missions, goals,
objectives, timelines, who’s going to do it and how will it be funded. The document would give a
lot of benefits to Council and the community. From a planning stand point it gives you a very
p. 237 REGULAR SESSION
AUGUST 22, 2016
PAGE -8-
MINUTE BOOK 28
clear snapshot of where we are going and how we will get there. This would be something that
staff would use daily. He then asked if the Council would like staff to look at different strategic
plans and bring some processes back for them to look at and if the Council wants to look at a
multi-year plan or the one-year budget plan, like we have now and for at this time staff to dig
into strategic planning. Mayor Rowland stated we have discussed the downtown area and would
like to see a proposal for TIF. As we get serious about downtown development we need a
financial plan. Councilman Estes stated he would like to see depreciation of capital expenses for
budgeting purposes, even if we can only account for 50% depreciation. We have needs and just
hope for a good tax year. He also agrees that the 2004 downtown master plan needs to be
revisited. We need something to put into the hands of the developers when they come that the
city agrees on. We need to commit budget funds to the downtown area. Councilman Banks stated
it is frustrating that we create some ideas, have a study and get a nice notebook and then it goes
on a shelf. Implementation is important. The downtown area needs incentives because potential
is there. Councilman Banks stated he is impressed with Mr. Fivas’ presentation and feels city
staff will be enthusiastic about helping you do it. Councilman May feels we need to somehow
create partnerships with public and private money, either through tax exemption or someway that
we have incentives to get people to invest in redevelopment. Councilman Johnson stated we live
in a very fortunate community where the public and private come together. He feels when
working on the strategic plan it would be good to have night meetings where the districts can
come together to discuss what we want to look at over the next 3-5 years and let them have input.
We can record them and have the planning department put them together. We have a lot of good
stuff but we get so much on the agenda, sometimes we don’t get what the people want. Have
input from the people and share with them and they can see the obstacles the city is up against.
We don’t want to lose the issues through the process. He appreciates Mr. Fivas’ plan. Mr. Fivas
replied the strategic plan would cover the entire community and it gives certainty for districts so
people are aware of what’s happening. You can’t focus on one district, you need to focus on all
the issues of the community with an emphasis on downtown redevelopment. Mayor Rowland
feels we are heading in the right direction.
Councilman Johnson spoke in regards to Councilman Poe and how he may be feeling
indifferent about things that happened in the recent election but all of us have an opportunity to
represent the people. We are very fortunate to serve because we have accomplished a lot,
especially when we keep focused on the business at hand. Some of it has been bitter, some of it
has been sweet. He has enjoyed working with Councilman Poe, wishes his good luck and
thanked him for his service to the community. We are all just passing through.
Mr. Fivas asked if the Council would like Mr. McKay, Ms. Carroll and himself to look at
ideas for strategic planning. There is tremendous opportunity for downtown and the first step is
getting direction to meet with all of our downtown partners and talk about the masterplan and
possible economic restructuring. If everyone is comfortable with us moving forward. The
Council replied yes. Councilman Johnson asked Mr. Fivas to include the Department Heads in
the strategic plans. Mayor Rowland stated he would like to see a plan for TIF’s. Lee
University’s partnership is very important and we should continue to work with them on street-
scaping all the way to Inman Street, which would be a great thing. Councilman Banks stated we
need to have a better relationship and communication with our County Commission. Everything
we do to promote development automatically generates tax dollars for our County Commission.
They should participate in the redevelopment of downtown’s older structures. One of your task is
to get them on board. We need to be out of court and meeting together. He encouraged Mr. Fivas
to meet with Mayor Davis and the County Commission.
Councilman Estes stated in two years Lee University turns 100. They will be doing
something big and we need to be ready. We owe it as a City to celebrate with Lee. Councilman
May agreed and stated we have an extreme responsibility for the future. Councilman Banks
stated Councilman McKenzie’s district is wide open and we have to plan for development.
Mayor Rowland asked if the Council was ready for a joint meeting. Councilman Estes stated he
p. 238 REGULAR SESSION
AUGUST 22, 2016
PAGE -9-
MINUTE BOOK 28
would like to come together with the Commission and possibly agree on somethings before
eating lunch. Councilman Hughes stated we are elected by the people and grateful to be of
service and have a small part in setting policies for the City. Councilman Poe was a key member
for sixteen years and he serves on more committees than anyone up here. He served with dignity
and was at every ribbon cutting. He enjoyed it and enjoyed serviced. He regrets he hasn’t
attending the last few meetings so we could tell him how much we appreciate and honor him.
Hats off to sixteen years of service by Councilman Poe. Mayor Rowland stated ribbon cuttings
are important to small business owners who have invested money in a retail business.
Councilman Poe was there because he understood the investment into our community and
wanted to support small businesses. Councilman Banks stated Councilman Poe was a volunteer
firefighter and big into promoting safety and wellbeing of our citizens. Maybe in the future we
could recognize him by naming a firetruck after him. Councilman Banks then moved to give
Councilman Poe his nameplate, ipad and phone we declare surplus and given to Councilman
George Poe for his sixteen years of service to the community and volunteering on numerous
boards and committees. The motion was seconded by Councilman Hughes; and upon roll call,
unanimously passed.
Martha Ledford thanked Cleveland Utilities for their help in adjusting any late fees on her
account. They are aware of when her checks come in and it’s not always before the due date.
There being no future business the meeting was adjourned at 3:52 p.m.
_________________________________ ______________________________
Mayor City Clerk
Agenda
AGENDA
Cleveland City Council
Work Session – August 22, 2016
1:00 P.M.
Cleveland Municipal Building
190 Church Street, NE
I. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL
A. Brian Gillenwater – School bus safety
B. Allan Johnson – Greenway access property located at 1411 Stuart Ave NW (p. 1-11)
C. Kim Lorello – concerning illegal burning
II. UPDATES FROM THE CITY MANAGER
A. Update on City Manager “100 Day Plan”
B. Tinsley Park grant
C. Blythe Bower multi-purpose field
D. 933 Harle Avenue (p. 12-16)
III. REVIEW OF 3:00 AGENDA – CITY MANAGER
IV. REPORTS OF COUNCIL MEMBERS
A. Councilman Hughes E. Councilman Estes
B. Councilman Banks F. Councilman Johnson
C. Vice Mayor Poe G. Councilman May
D. Councilman McKenzie
V. ANNOUNCEMENTS
September 12 - City Council meeting will be held at the Museum Center –
3:00 session only (Presentation of Certificates of Election)
VI. OTHER BUSINESS
AGENDA
Cleveland City Council
Regular Session – August 22, 2016
3:00 P.M.
Cleveland Municipal Building
190 Church Street, NE
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE & PRAYER
IV. WAIVE READING OF MINUTES
A. Regular Session – August 8, 2016 (p. 1).
V. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL
A. Proclamation honoring Jerry Franitza
B. Presentation of the FY2015 GFOA CAFR Award (28th consecutive year) (p. 2-4)
C. Presentation - MTAS Municipal Management Academy - Level 1 Certificate -
Beverley Lindsey
VI. CONSENT AGENDA
A. Final Passage - Zoning Ordinance No: 2016-29 – Zoning 0.52 acres located on
Tasso Lane from the unincorporated county into a Planning Unit Development
(PUD12) Zoning District (Planning Commission: Approved 7-0; 2 members
absent) (p. 5-7).
B. Final Passage - Ordinance No: 2016-30 – Amending Title 14, Chapter 2, Section
2.21.4 of the Zoning Regulations to revise the requirements for Planning
Commission approval within the Inman Street East Zoning District (Planning
Commission: Approved 7-0; 2 members absent) (p. 8-10).
C. Reappointment – Vacant Property Review Board – Verrill Norwood for an
additional two-year term to expire May, 2018 (p. 11-12)
D. Reappointment – Vacant Property Review Board – Duane Gilbert for an
additional two-year term to expire May, 2018.
E. Reappointment – Plumbing Board – Brian Sells for an additional five-year term
to expire April, 2021.
F. Appointment – Plumbing Board – Alan Colloms for a five-year term to expire
April, 2021 (Replacing Sydney Crandall).
VII. UNFINISHED BUSINESS
A. Final Passage - Ordinance No: 2016-31 – Amending Title 8, Chapter 2, Section
8-210 to add a new class of beer permit called Non-consumption Wholesaler
Permit (p. 13-14).
VIII. REPORTS OF COUNCIL MEMBERS
A. Councilman Hughes E. Councilman Estes
B. Councilman Banks F. Councilman Johnson
C. Vice Mayor Poe G. Councilman May
D. Councilman McKenzie
IX. NEW BUSINESS AND ORDINANCES
A. Discussion on options for Community Strategic Planning (p. 15).
B. Discussion on options for a community initiative to focus on review of downtown
planning and investments (p. 16).
X. ANNOUNCEMENTS
XI. OTHER BUSINESS
Get email alerts for Cleveland
A daily email when new agendas and minutes are posted.