Cleveland City Council

p. 67 REGULAR SESSION MARCH 26, 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, MARCH 26, 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 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; 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; Kris Miller, IT Director; Executive Secretary Beverley Lindsey; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kim Spence, Safety and Wellness; Bethany McCoy with Lee University; City Reporter Randall Higgins; Brian Moran, Social Media; Nicki Beaty; Jenna Curts; Ken Webb; Duane Schriver; Roger Jenne; Carrie and Brian Workman; Susie Gilbert; Jaime Harper; Bill Chandler; Tad Bacon with Cleveland Utilities; Gary Farlow and Doug Berry with the Chamber of Commerce. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Stan Gibson, the following business was then entered into: Councilman Banks moved to excuse Vice Mayor Johnson from today’s meeting. He is attending the TML Legislative meeting. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Mayor Rowland introduced the Mayor of the Day Olivia Workman. Olivia is the daughter of Brian and Carrie Workman. She is the oldest of four children, two sisters and a baby brother. She is the granddaughter of Jim and Marilyn Workman. Olivia was chosen due to her community services through Christmas Empty Stocking Fund. This past year she shopped and wrapped for children, alongside her mom, dad and sister Jules. Olivia gave many volunteer hours and was a very dedicated shopper, carefully selecting each gift she purchased. Her middle name is Christmas – but not because she was born in December, it’s her mother’s maiden name. Her mom Carrie is a noted photographer in this area and father Brian is associated with Bender Realty. Her grandparents, Jim and Marilyn have been long time volunteers with our shopping for children plus the Bender Realty team always helps with wrapping of gifts and volunteering for the big Empty Stocking Fund party. It’s easy to see why Olivia has a volunteer spirit. 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 March 12, 2018 and approve them as written. The motion was seconded by Councilman Banks; and upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Gilbert Real Estate to rezone approximately 1.22 acres located on Church St NE and 20th St NE from R1 Single Family Residential Zoning District to R3 Multi- Family Residential Zoning. Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. Mr. Harper stated the existing building is multi-family dwellings but the tax maps show the zoning as R1, but everything located on the property is R3. We were advised, before any improvements were made, we should correct the zoning. Councilman May stated it is existing properties. Councilman Estes asked when the house was split. Mr. Harper stated he wasn’t sure of the exact time, but at least 10 years ago. Councilman Estes then asked if there were 2 meters. Mr. Harper replied he wasn’t sure but believed so. Mayor Rowland asked if anyone would like to speak in opposition to the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 68 REGULAR SESSION MARCH 26, 2018 PAGE -68- MINUTE BOOK 29 Councilman Hughes introduced John Sheehan and asked him to speak regarding having a dog friendly city. Mr. Sheehan’s donations for the Dog Park are what made it possible. Mr. Sheehan thanked the Council and continued he understands the Dog Park is a great success. We can become a more-friendly dog city by building another dog park, dog artwork and activities for animals to participate in. We are excited to have one park and another park, in another part of town, would be a good idea since Cleveland is so spread out. Councilman Hughes then thanked Mr. Sheehan for his support of the dog park and helping making it possible. Mayor Rowland welcomed Councilman McKenzie back and is glad he is on the mend. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage – Motion to Deny Zoning Ordinance No: 2018-09 – heretofore denied on first reading March 12, 2018 and found in Minute Book 29, Page 65; rezoning approximately 0.66 acres located at 2020 Harle Ave NW and 20th St NW (Tax Map 049E Group B Parcels 5.00 and 6.00) from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Motion to Deny 9-0). • Resolution No: 2018-26 – Authorizing the Mayor to sign an agreement with Stantec Consulting Service Inc., for drainage and intersection improvement near Candies Lane/Inverness Drive. RESOLUTION NO. 2018-26 WHEREAS, the City development and engineering department has determined that it is necessary to obtain professional engineering services in connection with drainage and intersection improvements near Candies Lane and Inverness Drive (hereafter "the Project"); and WHEREAS, in connection with said project, the City's development and engineering department is recommending that the City enter into the attached professional engineering services agreement with Stantec Consulting Services, Inc.; and WHEREAS, the City Council now desires to accept the proposed agreement with Stantec Consulting Services, Inc. for the referenced project, and to further authorize the Mayor to execute the same 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 attached agreement with Stantec Consulting Services, Inc. for the referenced project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 26th day of March, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-27 – Authorizing the Mayor to sign an agreement with CDM Smith, Inc. to provide consulting services for the development of the City’s Multi- Sector Stormwater Permit submittal package for the Cleveland Hill Street Site. p. 69 REGULAR SESSION MARCH 26, 2018 PAGE -69- MINUTE BOOK 29 RESOLUTION NO. 2018-27 WHEREAS, the City development and engineering department has determined that it is necessary to obtain professional engineering services in connection with the City's application for and the obtaining of a Tennessee Stormwater Multi-Sector Permit in connection with the City's Hill Street Borrow pit and brush grinding activities (hereafter "the Project"); and WHEREAS, in connection with said project, the City's development and engineering department is recommending that the City enter into the attached professional engineering services agreement with CDM Smith, Inc.; and WHEREAS, the City Council now desires to accept the proposed agreement with CDM Smith, Inc. for the referenced project, and to further authorize the Mayor to execute the same 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 attached agreement with CDM Smith, Inc. for the referenced project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 26th day of March, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Surplus Property – Declaring a 1990 Case 495 Tractor from Parks & Recreation to be surplus and sold on GovDeals. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: March 21, 2018 SUBJECT: Surplus Equipment I respectfully request the City Council declare the following item surplus and to be sold on GovDeals: • 1990 CASE 495 Tractor – Vin# JJE0012243 This item will be placed on GovDeals with a minimum bid of $750. • Update Surplus Property – Equipment sold on GovDeals. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: March 21, 2018 SUBJECT: Surplus Equipment - Update The following items were sold on GovDeals for the following amounts: p. 70 REGULAR SESSION MARCH 26, 2018 PAGE -70- MINUTE BOOK 29 • 1998 DODGE W2500 TRUCK – $1,685.00 • 1993 TOYOTA TRUCK – $2,010.00 • 2002 NEW HOLLAND TS100 Tractor – $7,826.00 Total revenue of $11,521.00 will applied toward future equipment purchases. 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 was unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Hughes asked if Tad Bacon would review the entrance at Bradley Square Mall on North Lee Highway, near Don Ledford for a possible red light. He feels it is a dangerous area and hopefully a light would be warranted. Councilman Banks stated during the break he found that Joe V. Williams has paid over $7,200 in fines. Councilman May asked what is the status of the properties now. Mr. Kimball stated the properties are still in the administrative process. Mr. Williams appealed and until the Chancellor makes a ruling we are in limbo. Councilman Banks then asked about the status of the recycling center on South Lee Hwy. Mr. Divel stated Attorney Travis Henry has sent a letter to the owners and they are aware of the deadline. Councilman Banks continued that Martha Ledford asked him about sidewalks along South Lee Hwy and we should make improvements to the south end of town now that we have the new Mayor Rowland Interchange. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: Zoning Ordinance No. 2018-10 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R1Single-family Residential District to R3 Multi-Family Residential Zoning District Approximately 1.22 acres, more or less, located on Church Street NE and 20th Street NE as shown on the attached map and identified as Tax Map 49E Group G Parcels16.00 & 16.01, being the same property described as Tract One and Tract Two in a Warranty Deed from Walter H. Davis, Jr. and wife Linda Davis, as shown in Bradley County Registers Deed Book 2498, pages 354-356. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 71 REGULAR SESSION MARCH 26, 2018 PAGE -71- MINUTE BOOK 29 Councilman May moved that Zoning Ordinance 2018-10 be accepted as presented. The motion was seconded by Councilman Hughes. Councilman Banks stated this shows the importance of public meetings because he wasn’t aware this was already a duplex. Councilman May stated there was no opposition at the Planning Commission and it had been grandfathered in. Councilman Estes made a substitute motion to send this item back to the Planning Commission for further review. The motion died for lack of a second. Councilman Estes then stated he feels the information packet received was incomplete. When was it grandfathered in? When was it split into two units? Are there two meters? Councilman May stated he remembers at one time it was just one deed, one person. Councilman Estes feels this is opening up a door. If it is grandfathered in, just leave it be. Making this R3 will change what can happen to the property. Councilman May stated if you have someone trying to improve the property, borrow money, the zoning is their ticket. Councilman Estes stated we don’t even know the number of meters. He is not against it but feels we need additional information. Upon roll call, Councilmen May, Hughes, McKenzie, Cassada and Banks voted aye. Councilman Estes voted no. The motion passed 5:1. The following Resolution was then presented in full: RESOLUTION NO. 2018-28 WHEREAS, the City is proceeding with a project generally described as Fire Hall Number 6 which will be located at or near Westland Drive; and WHEREAS, River Street Architecture, LLC has been providing professional architectural services for the project; and WHEREAS, a contract amendment from River Street Architecture, LLC for this project is attached hereto and incorporated herein by reference; and WHEREAS, the City Council desires to accept this contract amendment with River Street Architecture, LLC for this project and to authorize the Mayor to execute this contract amendment with River Street Architecture, LLC 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 attached contract amendment with River Street Architecture, LLC for the referenced project, and the City Council further authorizes the Mayor to execute the contract amendment on behalf of the City of Cleveland. [Increases the contract amount from $57,500 to $68,752.50]. This 26th day of March, 2018. p. 72 REGULAR SESSION MARCH 26, 2018 PAGE -72- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2018-28 be accepted as presented. The motion was seconded by Councilman Estes. Councilman Banks and Cassada asked for additional information. Ms. Carroll stated this is for additional design work needed for the Firehall. Chief Harrison stated because of the soil not being stable enough to pour a footing the design had to be changed to move the engine bay to the opposite side. Councilman Banks asked about the cost. Chief Harrison replied it is going from $57,500 to $68,752.50. Councilman Estes asked if the contingency line would absorb this additional cost. Mr. Fivas stated no, the contingency line was used with the bad soil. The additional amount is above what is budgeted. Upon roll call, the motion unanimously passed. Chief Harrison then presented the following information concerning the proposed Fire Training Tower purchase. p. 73 REGULAR SESSION MARCH 26, 2018 PAGE -73- MINUTE BOOK 29 p. 74 REGULAR SESSION MARCH 26, 2018 PAGE -74- MINUTE BOOK 29 Chief Harrison then stated funds to erect the structure will not be available until July 1 but we do have funds to order the tower package and specify a material delivery date. It will take approximately 14-16 weeks to construct the tower. Councilman Cassada inquired about funding. Mr. Fivas stated we do have funds to make the initial purchase between both fiscal years and p. 75 REGULAR SESSION MARCH 26, 2018 PAGE -75- MINUTE BOOK 29 Chief Harrison has been asked not to go over the project total. Councilman Cassada asked why there is only one quote. Chief Harrison replied we will get bids on every part of the project. The tower itself, I’m sure you can go out and get an architect to design a fire training tower and build it, but to my knowledge this Fire Facilities is the only company that designs this. Councilman Cassada stated the only one that does this in the United States, North America? Ms. Carroll stated it is on GSA, which is General Services Agreement, and has already been bid out throughout the State. Councilman Cassada stated he felt there could be an opportunity to save money on materials. Ms. Carroll stated this is a complete package. Chief Harrison added GSA bids the projects, so we know we are getting the best price by going with GSA. Councilman Cassada replied for example, the smoke generator 7600cfm is listed at $6,563.75. He found online a smoke generator 60,000cfm for $2,100 and free shipping. He still feels there is an opportunity to save money and there could be opportunities in the southeast area to purchase this. Chief Harrison asked them to keep in mind we are buying their engineering services, their expertise, they designed this and the parts are precut and predesigned. Councilman Cassada asked if a decision had to be made today and how can we look for cost savings. Councilman Estes stated in his opinion, somethings are not fair to ask of city staff. Councilman May stated what we are building this is a 50-year facility. Councilman Cassada asked if other cities have used this company. Mr. VanDusen stated Nashville and Murfreesboro have just completed work through them. Councilman May stated we are building for the future. Councilman Cassada stated he is not debating the building, just the components and if there could be a cost savings, which could go a long-way. Councilman May asked if we can approve it today and Chief Harrison check on a possible savings. Chief Harrison stated he’d be happy to check. Councilman Cassada stated that is all he asks. Ms. Carroll stated they can ask if items can be removed but it’s bid in certain perimeters, but she will check with the company. Councilman May then moved to approve the purchase of the fire training tower materials. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Mr. Fivas added that we are using apparatus money and once the old tower site is sold, that money will be placed back into the apparatus line item. p. 76 REGULAR SESSION MARCH 26, 2018 PAGE -76- MINUTE BOOK 29 p. 77 REGULAR SESSION MARCH 26, 2018 PAGE -77- MINUTE BOOK 29 The following Resolution was then presented in full: RESOLUTION NO: 2018-29 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 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 26th day of March, 2018 that the document titled “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 VI – BENEFITS • Subsection C. Annual Vacation with Pay: Begin section “Vacation will be granted to regular employees on a monthly basis depending on their length of service and based on the anniversary of their hire date.” Revised Accrual Schedule: Employees Working a 40-Hour/Week Schedule: Years of # of Vacation # of Vacation # of Vacation Service Days Hours Hours/Month 0–1 5 40 3.33 1–5 10 80 6.67 5 – 10 15 120 10.00 10 – 15 17.5 140 11.67 15 - 20 20 160 13.33 20 + 25 200 16.67 Revised Accrual Schedule: Employees Working a 24/48 Hour Schedule: Years of # of Vacation # of Vacation # of Vacation Service Days Hours Hours/Month 0–1 2.33 56 4.67 1–5 4.67 112 9.34 5 – 10 7.00 168 14.00 10 – 15 8.165 196 16.34 15 - 20 9.33 224 18.67 20 + 11.67 280 23.23 p. 78 REGULAR SESSION MARCH 26, 2018 PAGE -78- MINUTE BOOK 29 Section VIII – MISCELLANEOUS POLICIES • Subsection C. Social Media Policy: The City of Cleveland recognizes the importance social media has in improving communication and interaction with the public while reaching new and broader audiences from traditional media sources. The City supports an appropriate use of social media outlets to create, share, and exchange information and ideas with the public to promote the goals of the City and expand traditional communication methods. Purpose The purpose of this policy is to provide guidelines for social media uses for the City of Cleveland. The City’s use of social media is intended to convey information about the City and its events, activities, projects, programs and information to the public for dissemination. For purposes of this policy, social media is content created by individuals using accessible and scalable technologies through the internet. Examples of social media include but are not limited to: Facebook, blogs, RSS, YouTube, Snap Chat, Twitter, LinkedIn, discussion forums, and online collaborative information and publishing systems that are accessible to internal and external audiences (i.e. wikis, including Wikipedia). This policy also ensures that the City’s social media outlets maintain the professional image of the City of Cleveland and meet legal standards. Scope This policy applies to City of Cleveland employees. Employees who violate the terms of this policy are subject to discipline up to and including termination. This policy does not apply to an individual employee or official’s personal use of social media. Please refer to the City’s Technology’s Policy contained in the City’s Personnel Rules and Regulations on Acceptable Uses of Technology i.e. Facebook, Twitter, Instagram. Administration of Social Sites The Social Media Relations/Grants Coordinator or City Manager’s designee must be able to immediately add, edit or remove content from all City sanctioned social media sites/accounts, including but not limited to access in a crisis situation. The Social Media Relations/Grants Coordinator or City Manager’s designee will: 1. Maintain a list of social media tools that are approved for use for City business. 2. Maintain a registry of all City social media accounts, including log-in and password information. p. 79 REGULAR SESSION MARCH 26, 2018 PAGE -79- MINUTE BOOK 29 3. Monitor content on City social media sites to ensure compliance with the City’s Social Media Policy and the interests and goals of the City. 4. Create style and usage standards for specific social media tools as appropriate. 5. Work directly with departments to coordinate social media strategies and tactics, including digital communications for specific events and programs. 6. Set standards for measuring effectiveness of social media, working with departments to establish reporting techniques and success metrics. 7. Accounts inactive for 30 days will be subject to deactivation. Departments Heads may designate an employee(s), or any person acting on behalf of the department, as persons authorized to establish, monitor, and publish information to social media sites. Employee Responsibilities Any Employee authorized to post items on any of the City’s social media sites shall review, be familiar with, and comply with the City’s Social Media Policy, the social media sites’ use policies and terms and conditions and any related guidelines issues by the Social Media Relations/Grants Coordinator or City Manager’s designee. By posting on the City’s sites, an employee may be granting to the City an irrevocable, perpetual, non-exclusive license to use and distribute content for any purpose, commercial, advertising, or otherwise. Any employee authorized to post items on any of the City’s social media sites shall sign a document stating they have read and understand policy guidelines. Postings on any of the City’s social media sites shall be by an authorized City employee designated by the Department Head and approved by the City Manager and shall only reflect the views or concerns of the City. General At this time, social media use will be routed through the Social Media Relations/Grants Coordinator or City Manager’s designee to maintain consistency and accuracy of content across departments and city wide. All new social media sites or administrative changes to existing sites shall be managed by the Social Media Relations/Grants Coordinator or City Manager’s designee and approved by the City Manager. 1. The City will utilize social media to engage, build relationships with, and provide useful information to the City’s residents, partners and stakeholders. To build awareness of the City’s mission through providing relevant and timely information and opportunities for interaction. 2. Our goals in using social media include: a. Expanding visibility and outreach; b. Increasing credibility with the public by posting credible, relevant information and transparency; c. Creating a media presence that positively promotes the City and or its departments and programs; d. Increasing engagement with residents/visitors/businesses/stakeholders/members; p. 80 REGULAR SESSION MARCH 26, 2018 PAGE -80- MINUTE BOOK 29 e. Disseminating time-sensitive information efficiently and quickly. 3. The City’s website (www.clevelandtn.gov) is the City’s predominate internet presence. a. Where appropriate, content posted to City social media sites will also be available on the City’s official website. b. Where appropriate, content posted to City social media sites should contain links directing users back to the City’s official website for further information and services. 4. All official social media presences are to be listed on the City of Cleveland website to assist the public in identifying official social media presences. 5. Accounts and pages should, where possible, feature the official City of Cleveland name and logo. The City’s social media platforms are also encouraged to use the official City of Cleveland Graphic Identity Standards for color, logo, seal, type font, marks, etc. 6. All City social media sites shall comply with usage rules and regulations provided by the site provider, including privacy policies as well as local, state and federal laws. 7. The City reserves the right to terminate any City social media site at any time without notice. Creating Social Media Accounts Staff must obtain their Department Head’s and Social Media Relations/Grants Coordinator or City Manager’s designee approval prior to creating a social media site or account before an official request to the City Manager is made. Before creating a social media site or account, the Department Head will consider whether social media is appropriate and/or useful to the Department. All City social media sites shall utilize official City contact information for account set-up, monitoring, and access. The use of personal email accounts or phone numbers by any City employee is not allowed for the purpose of setting up, monitoring or updating a City social media site. All City social media sites directly or indirectly representing that they are an official site or statement of the City must be created pursuant to this policy and be approved by the City Manager or a designee appointed in writing by the City Manager. Content Guidelines for Third Parties The content of the City of Cleveland social media sites shall pertain to City sponsored or City endorsed programs, services and events or other content as approved by the City Manager or designee. Content includes but not limited to information, photographs, videos and hyperlinks. The City reserves the right to restrict or remove any content that is deemed to be inappropriate or inconsistent with this policy. Content prohibited on the City’s social media includes, but is not limited to, the items listed below: p. 81 REGULAR SESSION MARCH 26, 2018 PAGE -81- MINUTE BOOK 29 1. Personal information or attacks of any kind; 2. Language that is profane, obscene, threating, or harassing; 3. Obscene images; 4. Content that promotes, fosters, disparages, or perpetuates discrimination on the basis of race, creed, color, age, religion, sexual orientation, gender, marital status, status with regard to public assistance, disability status, national origin, physical or mental disability or veteran status; 5. Content meant to threaten or defame any person or organization; 6. Content that is hateful, incites violence, or is harassing; 7. Conduct of illegal activity; 8. Sexual content or links to sexual content; 9. Solicitation of commerce, including but not limited to advertising of any business or product for sale; 10. Information that may compromise the safety or securing of the public or public system; 11. Links to third party sites and platforms; or 12. Content that violates a legal ownership interest of any other party. These guidelines shall be posted as a disclaimer and are made available on the city’s website. Rights and permissions must be secured before posting, sharing or distributing copyrighted materials, including but not limited to: music, art, copyrighted photographs or texts, portions of copyrighted video, or information considered proprietary by a City employee, vendor, affiliate or contractor. Authorized employees must secure written permission prior to using/incorporating any copyrighted or proprietary materials except when such material is covered under Fair Use provisions. An employee must not post content on City sites and platforms that might be embarrassing to an individual or that could be construed as placing a customer, employee or other individual in a negative or false light. An employee must not post content that might cause someone to believe that his/her name, image, likeness or other identifying aspect of his/her identity is being used, without permission, for commercial purposes. Employees shall not post any content to a city’s social media site or platform for their financial gain or for the financial gain of any other person or entity. A City employee posting on a City social media site or platform shall take reasonable care not to disclose any confidential information in any posting. Public Records All City social media sites and platforms are subject to the Tennessee’s Public Records Act (T.C.A. § 10-7-101, et seq.), and no social media site or platform shall be used to circumvent or otherwise violate this law. All lawful records requests for information contained on a City social media site or platform shall be directed to the (the City Clerk’s Office) and will be fulfilled by any employee whose assistance is necessitated. Every social media site or platform shall contain a clear and conspicuous statement referencing the state law. All official postings on a City social media site or platform shall be preserved to the p. 82 REGULAR SESSION MARCH 26, 2018 PAGE -82- MINUTE BOOK 29 extent possible in each platform in accordance with any applicable retention policy. All City social media sites shall comply with all other applicable City policies, including the City’s Technology Policy. A social media site or platform shall also contain a clear and conspicuous statement that the purpose of the site or platform is to serve as a mechanism for communication between the City and its citizens/customers and that all postings are subject to review and deletion by the City, to the extent permitted by law. City of Cleveland social media sites and platforms shall include a disclaimer notifying the public that their images may be captured and included on the sites and platforms. • Subsection J. Use of City Vehicles and Equipment: Revise 2nd from last paragraph to read: “Vehicles and equipment shall be marked with a City insignia and equipped with GPS unless it is for de minimus use and approved by the City Manager • Subsection N. Inclement Weather and Hazardous Conditions Revise subsection to read: During inclement weather situations, the City will make every effort to maintain normal work hours to provide City services. Partial or full-day closings of City administrative offices may be authorized by the City Manager, or the designee, as a result of inclement weather causing hazardous road conditions and other emergency circumstances. The City Manager, or the designee, with consultation from the department heads will determine which departments will provide essential services during inclement weather with as much notice as possible. If an inclement weather period is determined, the Department heads, Police Chief, and Fire Chief will determine which specific staff is essential for each event. Generally, most inclement weather periods are the times where City administrative offices are closed during usual business hours. However, during extreme inclement weather situations where there is prolonged period of time or extremely hazardous conditions related to the weather the City Manager, or the designee, and department head shall both agree to designate employees as essential during times non-usual City administrative business hours. All designated essential employees must report for duty regardless of weather conditions. Failure to report will be considered an unexcused absence. All designated 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, or the designee, 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 p. 83 REGULAR SESSION MARCH 26, 2018 PAGE -83- MINUTE BOOK 29 actually worked, these hours shall not be considered hours worked for purposes of calculating overtime under the FLSA. If a department head work schedule is impacted by inclement weather or hazardous conditions they may be compensated with only compensatory time. All non-essential employees must report for duty regardless of weather conditions unless the City Manager, or the designee, delays the opening of, or closes their specific City administrative offices to the public due to inclement weather. If offices are closed, the non-essential employees will not report for work unless required to do so by their respective department head. All non-essential employees shall be paid at the regular rate of pay for all regularly scheduled hours not actually worked during the inclement weather policy period determined by the City Manager or the designee. If the City chooses to pay for these hours not actually worked, these hours shall be considered hours worked for purposes for calculating overtime under the FLSA. Temporary full-time employees will only be paid if normally scheduled to that day and only for those hours which the employee would normally work If the department head authorizes in writing a non-essential employee to work during any part of the inclement weather policy period, the employee is entitled to pay for the regularly scheduled hours under the inclement weather policy, plus pay for the hours during that period actually worked. Under essential circumstances, each department head may use City vehicles to assist essential employees in getting to and from work during inclement weather policy periods, but the responsibility remains with the employee to get to work. • Subsection T. Appearance and Grooming New subsection to read: All employees are representatives of the City of Cleveland and should maintain a neat, professional appearance during work hours. Some departments furnish uniforms and have safety or public service related grooming requirements for their employees and guidelines for those uniforms and grooming requirements should be in place with written policies within those departments. All other employees: Proper grooming and attire have a positive impact on the City of Cleveland’s image. Positions that involve frequent, direct contact with the public and other employees are subject to the following appearance & grooming standards: • Male employees are required to wear neat and clean pants, shirt and shoes. Hair and facial hair will be clean, neatly trimmed and present a professional appearance. p. 84 REGULAR SESSION MARCH 26, 2018 PAGE -84- MINUTE BOOK 29 • Female employees are required to wear neat and clean skirts, dresses, slacks, top and shoes. Hair will be clean and styled in a way to present a professional appearance. If an employee’s religion requires specific grooming and/or attire practices that deviate from this policy, the employee should inform their department head of the specific religious grooming and/or attire practice. Once the department head is informed by the employee, the department head will consider a potential exception to the policy to accommodate an employees sincerely held religious belief, unless the accommodation would pose an undue hardship. When an employee is found to be outside acceptable appearance and grooming standards, the employee will be sent home on annual leave to correct the issue. In departments that have specified “casual” days, department heads and supervisors shall determine appropriate attire standards for those days. Section 2. That this Resolution shall become effective from ad after its approval by the Cleveland City Council. This 26th day of March, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2018-29 be accepted as presented. The motion was seconded by Councilman Banks. Councilman Banks inquired about social media and training for employees. Mr. Fivas stated yes, the people using social media staff will be trained on the policy. Upon roll call, unanimously passed. There being no future business the meeting was adjourned at 3:53 p.m. _________________________________ ______________________________ Mayor City Clerk