Cleveland City Council

p. 336 REGULAR SESSION FEBRUARY 27, 2017 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 27, 2017 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, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. Vice Mayor Avery Johnson was absent from the meeting. Others in attendance according to the sign- in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; 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; Jonathan Jobe, Director of Development and Engineering Services; Tommy Myers, Director of Public Works; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Brian Moran; Social Media Coordinator; Marshall Stinnett with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry and Gary Farlow with the Chamber of Commerce; City Reporter Randall Higgins; School Board Members Dawn Robinson and Charlie Cogdill; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Dr. Jay McCluskey with North Cleveland Baptist Church, the following business was then entered into: WAIVE READING OF MINUTES Councilman May 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 13, 2017 and approve them as written. The motion was seconded by Councilman Hughes; and upon roll call the motion unanimously passed. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda. • Final Passage to Deny Zoning Ordinance No: 2017-03 – heretofore denied on first reading February 13, 2017 and found in Minute Book 28, Page 330; rezoning 0.31 acres located on 20th Street NW and Caywood Dr NW from R1 Single Residential Zoning District to R3 Multi-Family Residential Zoning District (Planning Commission: Denied; 7-0; 2 members absent). • Final Passage - Ordinance No: 2017-04 – heretofore passed on first reading February 13, 2017 and found in Minute Book 28, Page 331; amending Section 5.6 of the Zoning Regulations to create provisions governing the establishment of three sided billboards (Planning Commission: Approved 7-0; 2 members absent). • Final Passage - Ordinance No: 2017-05 – heretofore passed on first reading February 13, 2017 and found in Minute Book 28, Page 333; amending Sections 2.1, 2.11.1 and Table 1 of the Zoning Regulations to clarify the language relative to the development of public facilities in various zoning districts (Planning Commission: Approved 7-0; 2 members absent). Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Councilman Cassada; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman McKenzie inquired about the old burned building off Euclid and 6th Street. Mr. Jobe stated the owners have a demolition permit and are currently working to clean the lot. Councilman Cassada welcomed all the new city employees that were present at the meeting. He appreciates all they have and will do for the citizens. p. 337 REGULAR SESSION FEBRUARY 27, 2017 PAGE -2- MINUTE BOOK 28 Councilman May stated he has received numerous phone calls from residents on Blueberry Hill, west of Ocoee Street, asking the City to look at a possible 4-way stop sign at the first intersection off of Ocoee Street to help slow traffic. Staff will review the area. Councilman Hughes complimented Bryan Turner, Josh Holder, Adam Donegan, Tina Bishop and Ryan Stephens for their work on enhancing the Development and Engineering Annex office, where the Tree Board now meets. They did all the work in-house and made it a great facility. Councilman Banks commented on the new look and format of the front page of the Cleveland Daily Banner. He continued that he appreciates the attendance at the Mainstreet meeting at the Elk’s Lodge today, where Mayor Rowland gave a presentation. He is like a cheerleader for the City and spoke of the city, staff, future projects, plans, and the redevelopment of downtown, which Mayor Rowland views as the heart of the City. He appreciated the presentation. Mayor Rowland asked Chief Gibson if he’d ever thought about the use of drones for the department. Cleveland Utilities has one and it is amazing what they have seen and done with it. Chief Gibson stated yes, they have discussed it and have been offered the use of one. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO: 2017-06 AN ORDINANCE TO AMEND TITLE 2 OF THE CLEVELAND MUNICIPAL CODE TO ADD A NEW CHAPTER TO BE DESIGNATED AS CHAPTER 8 AND TO ESTABLISH A NEW ADVISORY COMMITTEE TO BE DESIGNATED AS THE CITY OF CLEVELAND SENIOR CITIZEN ADVISORY COMMITTEE WHEREAS, the City Council desires to amend Title 2 of the Cleveland Municipal Code to add a new chapter to create an advisory committee to be designated as the City of Cleveland Senior Citizen Advisory Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED, THAT: SECTION 1: Title 2. Chapter 8 Senior Citizen Advisory Committee Section 2-801. Creation Section 2-802. Membership Section 2-803. Term Section 2-804. Meetings Section 2-805. Duties Section 2-806. Expenditures Section 2-807. Attendance Requirements 2-801. Creation. There is hereby created a Senior Citizen Advisory Committee for the City of Cleveland, Tennessee to be designated as the “Senior Citizen Advisory Committee.” 2-802. Membership. The Senior Citizen Advisory Committee shall consist of seven members who at least 62 years of age. Each member must be a resident of the City of Cleveland at the time of their appointment. p. 338 REGULAR SESSION FEBRUARY 27, 2017 PAGE -3- MINUTE BOOK 28 The Mayor will serve as the Chairman of the seven-member committee. The City Manager shall appoint a staff member to be a liaison and a secretary/clerk for the Committee. The committee will be composed of one resident from each of the five City Council districts, and two additional residents of the City who shall serve at large. The members of the Senior Citizen Advisory Committee shall serve without compensation. Each council member shall select one member to serve on the committee. 2-803. Term. Initially, the committee members from districts 1, 2, 3 and 4 will serve a two-year term, and the member from district 5 and both at large members will serve a three-year term. All subsequent appointments will serve a two-year term. Should a member of the committee cease to be a resident of the City of Cleveland during their term, they shall automatically cease to be a member of the committee and they shall be replaced with a substitute member who is a resident of the City. 2-804. Meetings. After all committee members are appointed, the committee shall meet monthly for four consecutive months, and on such other dates as the committee deems necessary. 2-805. Duties. The duties of the Senior Citizen Advisory Committee are: (a) to make recommendations to the City Council concerning the perceived needs of Cleveland's senior citizens; (b) to make recommendations to the City Council concerning the establishment of priorities that are of importance or concern to Cleveland's senior citizens; and (c) to make recommendations to the City Council on those issues referred to the advisory committee by the City Council. 2-806. Expenditures. The Senior Citizen Advisory Committee shall not have the power or authority to expend any public funds. 2-807. Attendance Requirements. Members of the committee are subject to the attendance requirements of Section 2-601 of the Cleveland Municipal Code. SECTION 2. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Ordinance No: 2017-06 be voted for passed on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2017-07 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, AMENDING TITLE 7, CHAPTER 2, SECTIONS 7-201 THROUGH 7-211 OF THE CLEVELAND MUNICIPAL CODE RELATING TO FIRE CODES WHEREAS, the provisions of the Cleveland Municipal Code which pertain to the Fire Code are codified in Title 7, Chapter 2 of the Cleveland Municipal Code; and p. 339 REGULAR SESSION FEBRUARY 27, 2017 PAGE -4- MINUTE BOOK 28 WHEREAS, the provisions of the Cleveland Municipal Code need to be updated to bring the code provisions into conformity with the Fire Codes that have already been adopted by the City of Cleveland; and WHEREAS, the City Council desires to delete the current sections of the Cleveland Municipal Code numbered 7-201 through 7-210, and replace these existing sections with the following provisions which will be codified in Title 7, Chapter 2 of the Cleveland Municipal Code as Sections 7-201 through 7-1211. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1. That Title 7, Chapter 2, Sections 7-201 through 7-210 of the Cleveland Municipal Code be deleted in their entirety and replaced with the following sections to be numbered Sections 7-201 through 7-211. CHAPTER 2 FIRE CODE SECTION 7-201. Definitions 7-202. Authority Having Jurisdiction 7-203. Enforcement of Chapter 7-204. Fire Codes Adopted 7-205. Amendments 7-206. Ordinances Not Covered by Adopted Codes 7-207. Conflicts 7-208. Violations and Penalties 7-209. Appeals 7-210. Rules 7-211. Fees 7-201. Definitions. The following terms, when used in the adopted codes referenced in §7-204 and in this chapter shall have the meanings indicated in this section: (1) “Authority Having Jurisdiction (AHJ)” shall be held to mean the fire chief or whoever is assigned by the Cleveland City Council to be the “Assist to the Commissioner.” (2) “Corporate Limits” shall be held to mean the City of Cleveland city limits. (3) “Fire Code Official” shall be held to mean the fire marshal. (4) “Deputy Fire Code Official” shall be held to mean any state certified fire inspector under the fire marshal’s charge. 7-202. Authority Having Jurisdiction (AHJ). Pursuant to the authority granted by Tennessee Code Annotated §68-102-108, the fire chief of the City of Cleveland Fire Department is hereby designated by the Cleveland City Council as the “Assistant to the Commissioner” and thus is hereby considered the Authority Having Jurisdiction (AHJ) over this entire chapter. 7-203. Enforcement of Chapter. The fire chief and/or his state certified fire inspector designees shall have the authority to enforce the provisions of this chapter. Any fire inspector certified by the State of Tennessee and designated by the fire chief shall be considered a “fire inspector” as referenced in 3-302 of this city code and have the authority to enforce this chapter and write citations in lieu of arrest for violations of this chapter or anything referenced in this chapter. 7-204. Fire Codes Adopted. Pursuant to the authority granted by Tennessee Code Annotated §6-54-502, the following codes are adopted and incorporated by reference as fully as if set out verbatim herein, and the provisions thereof shall be controlling within the corporate limits of the city: p. 340 REGULAR SESSION FEBRUARY 27, 2017 PAGE -5- MINUTE BOOK 28 (1) The International Fire Code1, 2012 edition, as prepared by the International Code Council to including its referenced publications listed in Chapter 80 as well as Appendices A, B, C, D, F, and I. (2) The NFPA 101 Life Safety Code2, 2012 edition, as prepared by the National Fire Protection Association, Chapters 15, 17 and their references. Pursuant to the requirement of Tennessee Code Annotated, §6-54-502, one (1) copy of the adopted codes have been filed with the city clerk and is available for public use and inspection. Said codes are adopted and incorporated as fully as if set out at length herein and shall be controlling within the corporate limits. Any matters in said fire codes which are contrary to existing ordinances of the City of Cleveland, Tennessee shall prevail and to that extent any existing ordinances to the contrary are hereby repealed in that respect only. ______________________ 1 Copies of this code are available from the International Code Council, 900 Montclair Road, Birmingham, Alabama 35213-1206 2 Copies of this code are available from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101 7-205. Amendments. The following sections of the adopted codes are amended as follows: (1) IFC Section 101.1 Title, 2012 edition inserted in place of brackets shall read “the City of Cleveland, Tennessee” (2) IFC Section 109.4 Violation penalties, 2012 pursuant to §T.C.A. 6-54-504 IFC section 109.4 is hereby deleted. (3) IFC Section 505 Premises Identification, 2012 edition shall have the following sections added: “505.1.1 New or existing multi-tenant buildings and/or multiple buildings that have fire separation, but are still connected by fire walls provided with secondary exits to the exterior or exit corridor shall provide tenant identification by business address and/or suite number. This identification shall be Arabic numerals or alphabet letters and shall be contrasting with their background. Letters or numbers shall be a minimum of two inches high and be located 60 inches above the bottom of the door.” “505.1.2 When a single tenant assumes more than one lease space in a new or existing multi-tenant building, and eliminates use of a door, including spot welding the door in the closed position, a sign stating ‘FALSE DOOR, NO ENTRY’ is required.”. Letters or numbers shall be a minimum of two inches high and be located 60 inches above the bottom of the door.” (4) IFC Section 912 Fire Department Connections, 2012 edition have the following section added: “912.1.1 New fire department connections for water-based fire protection systems shall be provided with a 5 inch locking connection and cap. Locking type caps shall be approved by the AHJ.” (5) NFPA 13 Standard for the Installation of Sprinkler Systems, 2010 edition referenced by the adopted codes, section 6.9.3.1 shall be changed to read “The alarm apparatus for detecting water flow for all new sprinkler systems and existing facilities with multiple risers that in the opinion of the AHJ could be confusing to arriving fire crews, shall be a combination horn/strobe device that is listed for water flow detection and outside use. p. 341 REGULAR SESSION FEBRUARY 27, 2017 PAGE -6- MINUTE BOOK 28 7-206. Ordinances Not Covered by Adopted Codes. (Reserved for future use) 7-207. Conflicts. In the event of a conflict or an inconsistency between the codes adopted by reference and listed amendments: (1) The provisions of the International Fire Code shall prevail if such conflict or inconsistency relates to administration of the fire code(s). (2) If the adopted codes reference the same code but different editions, the latest edition will be the referenced code used. 7-208. Violations and Penalty. It shall be unlawful for any person to violate or fail to comply with any provision of the codes as herein adopted by reference and modified. The violation of any section of this chapter shall be punishable by a penalty of up to fifty dollars ($50). Each day a violation is allowed to continue shall constitute a separate offense. 7-209. Appeals. Board of Appeals shall be established in order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of the adopted code. 7-210. Rules. The AHJ shall have the authority to make rules for the proper administration of the adopted codes that are not contrary to the adopted codes. 7-211. Fees. All fees permitted by the adopted codes or ordinances of this chapter shall be approved by Resolution of the Cleveland City Council. The current fee schedule is set forth in Resolution 2003-39, and those fees are incorporated herein by reference. That fee schedule shall constitute the fee schedule until and unless those fees are modified by the City Council. Section 2. That this Ordinance shall become effective from and after its passage on final reading, the public welfare requiring it. ./s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Ordinance No: 2017-07 be voted for passage on first reading. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2017 – 08 A RESOLUTION AMENDING THE PERSONNEL POLICIES OF THE CITY OF CLEVELAND, TENNESSEE THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted by Resolution on February 22, 2016 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 the 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 p. 342 REGULAR SESSION FEBRUARY 27, 2017 PAGE -7- MINUTE BOOK 28 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 IS RESOLVED by the City Council of the City of Cleveland, Tennessee in Regular Session assembled this 27th day of February, 2017 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 IV. – EMPLOYMENT, as follows: • Subsection W. STANDBY AND CALL BACK PROVISIONS, as follows: Amend the 6th paragraph “Public Works Department” to read as follows: Public Works Department – 2 employees having Commercial Drivers License (CDL) paid for 10 hours per week to be on standby for after-hours calls. Any non-exempt employee of the Public Works Department on standby called back after-hours will be guaranteed a minimum of two hours for said call. Section VI. – BENEFITS, as follows: • Subsection T. LIFE INSURANCE, as follows: City employees and retirees are covered under the City of Cleveland’s current benefit. Rules are established by the City Council. Section VIII. – MISCELLANEOUS POLICIES, as follows: • Subsection J. USE OF CITY VEHICLES AND EQUIPMENT, by amending the 11th paragraph to read as follows: Vehicles and equipment shall be marked with a City insignia approved by the City Manager and equipped with GPS at the discretion of the Department Head. • Subsection N. INCLEMENT WEATHER LEAVE, by amending the 2nd paragraph, deleting the words “non-exempt”, to read as follows: All essential employees shall be paid at the regular rate of pay for all hours worked. In addition, during the period of time the City Manager determines the inclement weather policy is in effect, all essential employees who have worked during that period shall be given one hour of pay or compensatory time off for each hour actually worked. The City reserves the right to either give compensatory time off or pay for this additional time, depending upon scheduling requirements of each department. If the City chooses to pay for the hours not actually worked, these hours shall not be considered hours worked for purposes of calculating overtime under the FLSA. p. 343 REGULAR SESSION FEBRUARY 27, 2017 PAGE -8- MINUTE BOOK 28 • Subsection R. DISCIPLINARY ACTION FOR AT-FAULT ACCIDENTS, to be titled and read as follows: Subsection R. REPORTING ACCIDENTS/INCIDENTS All accidents/incidents resulting in injury and/or damage to city vehicles or equipment, shall be reported immediately to the Risk Manager and will be reviewed on a monthly basis by the Safety Committee. All persons involved in the accident/injury as well as the employee’s Supervisor and Department Head may be subject to discipline and/or corrective measures. The Committee is charged with reviewing all documents and associated information pertaining to the accident/incident, to ascertain findings and recommend disciplinary actions or corrective actions through the Human Resources Director to the Department Head. In order to provide a fair and consistent set of guidelines for the City of Cleveland, the current policy for disciplinary action will be followed for all employees unless the specific circumstances surrounding the offense are such that suspension or termination are deemed appropriate. Part-time and temporary employees are not subject to conditions of employment and may be terminated by the City Manager at any point, including first offense. If remedial driving training is required, the supervisor, Department Head and Risk Manger will make arrangements for training. The City of Cleveland will pay any expenses incurred. Employees will be paid for hours spent attending the training if the Department Head is unable to give them time off in the same workweek. Should additional training on equipment be required, the training will be provided by a senior operator or supervisor and documented by the Department Head. Employees, Supervisors and Department Heads who fail to immediately report an accident/incident resulting in damage and/or injury may be subject to disciplinary action, up to and including termination. Section 2. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 27th day of February, 2017. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2017-08 be approved 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: 2017-09 A Resolution Approving an Emergency Solutions Grant Application to the Tennessee Housing Development Agency WHEREAS, the Tennessee Housing Development Agency (THDA) administers funds provided by the U.S. Department of Housing and Urban Development for an Emergency Solutions Grant Program; and p. 344 REGULAR SESSION FEBRUARY 27, 2017 PAGE -9- MINUTE BOOK 28 WHEREAS, the program is intended to restrict the increase of homelessness through the provision of preventive programs by assisting individuals and families who are homeless to move into permanent and safe housing; and WHEREAS, the City of Cleveland, Tennessee, will prepare an application for funding and will allocate such funds to the nonprofit agency of the Cleveland Emergency Shelter, Inc. for such prevention activities; WHEREAS, the Emergency Solutions Grant Program requires a 100% match. Said match will be provided by the Cleveland Emergency Shelter, Inc. and stated in the application; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that City staff are authorized to submit the aforementioned application to the Tennessee Housing Development Agency on behalf of the Cleveland Emergency Shelter, Inc. for funding up to $150,000.00; BE IT FURTHER RESOLVED by the City Council that the Mayor be and hereby is authorized to submit the application and all forms necessary for applying for the above referenced grant. 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. Approved this 27th day of February, 2017. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution No: 2017-09 be approved as presented. The motion was seconded by Councilman Estes. Councilman Banks inquired about the grant match. Mr. Fivas stated it comes from the value of the building they use, which they lease from us, so there are no funds required from the City. Upon roll call the motion unanimously passed. Mayor Rowland stated they will not hold a Council meeting on March 13th due to Spring Break. The next City Council meeting will be held on March 27th. There being no future business the meeting was adjourned at 3:17 p.m. _________________________________ ______________________________ Mayor City Clerk