Cleveland City Council

p. 18 REGULAR SESSION FEBRUARY 12, 2018 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, FEBRUARY 12, 2018 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 Vice Mayor Avery Johnson, Councilmen Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. Councilman Charlie McKenzie 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; Christy Brandon, Support Services Manager; Jonathan Jobe, Director of Development and Engineering; Tommy Myers, Director of Public Works; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Jeff Davis, Personnel Director, Executive Secretary Beverley Lindsey; Sue Zius, Assistant to the Mayor/Legislative Liaison; Bethany McCoy with Lee University; City Reporter Randall Higgins; Tad Bacon with Cleveland Utilities; Gary Farlow and Doug Berry with the Chamber of Commerce; Ken Webb; Sherry Brown; Hal Taylor; Dr. Russell Dyer; Cindy Geren; Max Phillips; Pastor Coby Goins; Brian Graves with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Coby Goins with Waterville Baptist Church the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor 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 January 22, 2018 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. Councilman Cassada moved to excuse Councilman McKenzie from today’s meeting. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland presented Assistant City Manager/CFO Shawn McKay and the entire finance budget team with the Budget Presentation Award from the Government Finance Officers Association for FY2018. This is the twentieth consecutive year the City has received this award for its budget document. This award reflects the commitment of the governing body and staff to meet the highest principles of governmental budgeting; according to GFOA. In order to receive the budget award, the city had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity’s budget serves as a policy document; a financial plan; an operations guide and a communications device. A budget document must be rated “proficient in all four categories to receive the award” according to GFOA. Mayor Rowland then presented the Municipal Management Academy Supervisory Training Certificates for Level 1 to Tom Castello and Chris Allen, who was unable to attend. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage - Ordinance No: 2018-02 – heretofore approved on first reading January 22, 2018 and found in Minute Book 29, Page 10; amending Title 8, Chapter 2, Section 8-209(1) to increase the number of Class 2 Beer Permits from 12 to 14. • Final Passage - Ordinance No: 2018-03 – heretofore approved on first reading January 22, 2018 and found in Minute Book 29, page 11; amending the FY2018 Budget. p. 19 REGULAR SESSION FEBRUARY 12, 2018 PAGE -19- MINUTE BOOK 29 • Resolution No: 2018-07 – Authorizing the submission of the 2017 Access to Health Through Healthy Built Environments Grant. RESOLUTION NO: 2018-07 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2017 ACCESS TO HEALTH THROUGH HEALTHY ACTIVE BUILT ENVIRONMENTS GRANT WHEREAS, the State of Tennessee Department of Health is sponsoring competition for $1,500,000 of grant funds for publicly-accessible infrastructure such as parks, greenways, sidewalks, bikeways, playgrounds and walking tracks, which provide opportunity for physical activity for a community of population which currently has limited access to these type of facilities; and WHEREAS, each winning proposal may be awarded a total up to $85,000 in grant funds, which will be used to reimburse expenses on a quarterly basis for a maximum of eighteen months with no matching requirement; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to authorize City staff to apply for the grant application, and authorize the Mayor to sign the same, as well as to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City by the Tennessee Department of Health. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland that the Mayor and City staff be and hereby are authorized to sign and submit a grant application with the State of Tennessee Department of Health on behalf of the City of Cleveland for the grant described herein. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland that the Mayor and City staff be and hereby are authorized to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City by the Tennessee Department of Health. Adopted this 12th day of February, 2018 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-09 – Authorizing the Mayor to sign an engagement letter with Bass Berry and Sims to serve as bond counsel for the City of Cleveland. RESOLUTION NO: 2018-09 WHEREAS, the City has received the attached engagement letter from Attorney Mark Mamantov of the law firm of Bass Berry and Sims in Nashville Tennessee who is willing to serve as bond counsel for the City of Cleveland; and WHEREAS, the City Council desires to approve of this engagement letter with Bass Berry and Sims and to authorize the Mayor to execute the engagement letter on behalf of the City of Cleveland. 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 p. 20 REGULAR SESSION FEBRUARY 12, 2018 PAGE -20- MINUTE BOOK 29 attached engagement letter with Bass Berry and Sims to serve as bond counsel for the City of Cleveland, and the City Council further authorizes the Mayor to execute the engagement letter on behalf of the City of Cleveland. This 12th day of February, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Surplus Property – Declaring the Pitney Bowes mailing system as surplus property and to be sold on GovDeals.com. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: February 7, 2018 SUBJECT: Surplus Equipment I respectfully request the City Council declare the following item surplus and to be sold on GovDeals: • Pitney Bowes DM 575 Digital Mailing System This item will be placed on Govdeals with a minimum bid set. Councilman May moved to approve the Consent Agenda. The motion was seconded by Councilman Hughes; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland thanked Councilman Cassada for his work and leadership on the Opioid Summit, held last Friday with General Crump. It was a very informative session. There were no other reports of Councilmembers. NEW BUSINESS AND ORDINANCES RESOLUTION NO: 2018-08 WHEREAS, the Cleveland City Schools Board of Education (“Board of Education”) has submitted to the Cleveland City Council notice of a proposal for facility improvements involving energy conservation; and WHEREAS, the Board of Education proposes to enter into a guaranteed savings agreement with Energy Systems Group (ESG) to upgrade school facilities utilizing existing budget dollars; and WHEREAS, the Board of Education intends to enter into a twenty (20) year municipal lease- purchase agreement to fund the project; and WHEREAS, the cost of the project is eight million two hundred fourteen thousand dollars ($8,214,000); and WHEREAS, the program proposed by ESG assures that the Board of Education will realize a savings in energy costs resulting from the efficiency renovation; and p. 21 REGULAR SESSION FEBRUARY 12, 2018 PAGE -21- MINUTE BOOK 29 WHEREAS, the Board of Education agrees to designate all dollars realized from energy savings, reductions in maintenance expenses and other budget revenues sufficient to cover the principal and interest expense associated with the financing of the project; and WHEREAS, pursuant to the opinion issued by the office of the Tennessee Attorney General and Reporter, to wit, OAG 86-65 (1986 Tenn. AG LEXIS 156), the approval of the City Council is required for the Board of Education to enter into a capital improvement lease-purchase project of multi-year duration; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that the Board of Education is hereby authorized to enter into agreements with ESG for facility improvements involving energy conservation. BE IT FURTHER RESOLVED that the Director of Schools and/or the Board Chairman are authorized to execute any and all agreements approved by the Board of Education that are necessary to effectuate this project. BE IT FURTHER RESOLVED that representatives of the Board of Education shall provide periodic reports from time to time as requested by the City Council on the progress of the project. Adopted this 12th day of February, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Resolution No: 2018-08 be accepted as presented. The motion was seconded by Councilman Estes. Dr. Russell Dyer updated the Council on the School’s energy program with Energy Systems Group. Currently, there is a lot of old equipment in the schools that needs to be replaced like the HVAC and control systems and lighting system. The desire to go with a company like ESG, they can take care of the big ticket items for us that will allow Hal and his team to take care of these items. Hal Taylor then reviewed the projects and the detailed the scope of work for several of the schools, like HVAC units, boiler systems and cooling towers that are beyond repair and need replacing. Total cost is estimated $8.2 million and a majority of the debt service will be paid by the energy savings and what is left will be paid from the city schools portion of sales tax. Councilman Banks asked if this was the same company Bradley County is using. Mr. Dyer stated it is the same company. Councilman Banks continued when the issue came up with the County there was question if it needed to be bonded by the County and the City to receive a portion but then they decided the School Board could do it and thereby avoid paying a percentage to the City. Is it the same or different with City Schools? Dr. Dyer stated our attorney has advised we have to come before the City Council for approval of the debt. Councilman Banks then inquired about the warranty of the equipment. Mr. Taylor stated the equipment will have an initial warranty and the projected life of twenty years. Upon roll call, the Resolution was unanimously passed. Mayor Rowland announced City offices will be closed on Monday, February 19th in observance of President’s Day. There being no future business the meeting was adjourned at 3:13 p.m. _________________________________ ______________________________ Mayor City Clerk