Cleveland City Council

p. 199 REGULAR SESSION AUGUST 27, 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, AUGUST 27, 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 Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. 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, Public Works Director; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Kris Miller, IT Director; Executive Secretary Beverley Lindsey; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kim Spence, Interim Human Resource Director; Mayor-Elect Kevin Brooks; Bethany McCoy with Lee University; Brian Moran, Social Media; Councilman-Elect Ken Webb; Tad Bacon with Cleveland Utilities; Sharon Marr with Mainstreet Cleveland; Randall Higgins; Charlie Cogdill, City School Board Member; Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Todd Stevison with Public 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 August 13, 2018 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 City Manager Joe Fivas presented Mayor Tom Rowland and Councilman Richard Banks both a gift of a crystal gavel from city staff. He then thanked Mayor Rowland for his leadership as our Mayor for twenty-seven years and all he has done for our City. Mayor Rowland thanked Mr. Fivas and stated he would be speaking to employees one on one in the upcoming weeks. Mr. Fivas also thanked Councilman Banks for his service of fourteen years on the City Council. He is held in high regard and appreciates his way of articulating goals for our City, which have made us a better City and his leadership is appreciated. Councilman Banks thanked Mr. Fivas, city staff and those out on the streets, who really make the difference and appreciates everyone’s support over the years. Vince Dauro with CALEA gave a brief history of CALEA and their standards for agencies to follow. They help departments follow law enforcement standards, minimizes the department’s exposure to liability, demonstrates accountability to the public and guarantees professional management practices. It confirms their commitment to excellence in law enforcement. The certificate represents the agencies efforts to achieve accredited status, therefore by demonstrating their willingness to change in order to effectively address contemporary public safety concerns. It represents the commitment to do the right thing and doing it the right way, adherences to a professional code and lastly, an ongoing dedication to insuring the agency resources are appropriately developed, actively deployed and constant management for a safer City. He then presented Police Chief Mark Gibson the 2018 Accreditation Certificate to the Cleveland Police Department and recognized their hard work toward achieving this goal. This is the departments forth award for Advance Law Enforcement Accreditation, which is the highest level. p. 200 REGULAR SESSION AUGUST 27, 2018 PAGE -200- MINUTE BOOK 29 Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning the Stormwater Division’s annual report to Tennessee Department of Environment and Conservation (TDEC) Division of Water Pollution Control. Mayor Rowland asked if anyone would like to speak in favor of the annual report. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the annual report. No one spoke. Mayor Rowland then declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage - Zoning Ordinance No: 2018-25 – heretofore approved on first reading August 13, 2018 and found in Minute Book 29, Page 192; rezoning 1.27 acres located at 1805 Dalton Pike SE from R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Planning Commission: Approved 8-0; 1 member absent). • Final Passage – Ordinance No: 2018-26 – heretofore approved on first reading August 13, 2018 and found in Minute Book 29, Page 193; abandoning an unopened section of Jones Ave SW located between Huff Ave SW and Parker St SW (Planning Commission: Approved 8-0; 1 member absent). • Street Light Recommendation – Jerry Freeman located at Henderson Ave and Cottage Grove Cir NW (Cleveland Utilities recommends no additional lighting; Henderson Avenue meet’s city guidelines and Cottage Grove Circle is not a City street). • Resolution No: 2018-73 Authorizing the Mayor to sign a rescue agreement with Animal Care Trust dba McKamey Animal Center. RESOLUTION NO: 2018-73 WHEREAS, the Animal Shelter Advisory Board and the Animal Shelter Director are recommending to the City Council that it approve a new rescue agreement with Animal Care Trust dba McKamey Animal Center; WHEREAS, the proposed rescue agreement is attached to this Resolution. 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 rescue agreement with Animal Care Trust dba McKamey Animal Center. BE IT FURTHER RESOLVED that the Mayor is authorized to execute this rescue agreement with this rescue group on behalf of the City. [on file in the City Clerk’s Office.] APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 201 REGULAR SESSION AUGUST 27, 2018 PAGE -201- MINUTE BOOK 29 • Resolution No: 2018-75 – Amending the Authorized Employees List for the FY2019 Budget. RESOLUTION NO: 2018-75 A RESOLUTION TO AMEND THE AUTHORIZED EMPLOYEES LIST FOR THE FY2019 BUDGET WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY2019 City Budget; and WHEREAS, this document contains the Authorized Employees By Fund, Department, and Position Classification”; and WHEREAS, the Police Chief has requested a change in the authorized positions for a restructure and reclassification of several employees within the department’s Support Services Bureau in order to improve the efficiency of the department. WHEREAS, the City Manager and Interim Human Resources Director are in support of his request to amend the authorized positions list for the FY2019 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the document entitled “Authorized Employees by Fund, Department, and Position Classification” located on pages 74 through 78 of the FY2019 City Budget is hereby amended to add one Senior Records Clerk and one Support Services Tech both at Salary Grade 23 and a title change of the Quartermaster to Support Services Supervisor. [Detailed memo on file with original resolution.] That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 27th day of August, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Motion – Declaring Mayor Rowland’s desk, credenza, chair and computer surplus property and donating them to the Museum at Five Points for an exhibit of Mayor Tom Rowland’s office. Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Councilman Estes; and upon roll call, the motion to approve the consent agenda was unanimously passed. UNFINISHED BUSINESS Councilman May moved to accepted staff recommendation to upgrade the existing fixture on Moore Place NW at the end of the cul-de-sac to a 51-watt LED fixture requested by Lavinia Johnson. The motion was seconded by Councilman Estes; and upon roll call, the motion was unanimously passed. p. 202 REGULAR SESSION AUGUST 27, 2018 PAGE -202- MINUTE BOOK 29 The following Resolution was then presented in full: • Resolution No: 2018-76 – Authorizing the Mayor to sign an agreement with Servidores LLC related to the CMAQ project. RESOLUTION NO. 2018-76 WHEREAS, the City of Cleveland and Servidores LLC previously entered into a general statement of intent in June of 2016 which was presented to the Cleveland City Council via Resolution 2016-61 and approved by the City Council on June 27, 2016; and WHEREAS, as set forth in the Resolution, the City of Cleveland had the opportunity to apply for a Congestion Mitigation Air Quality Maintenance (CMAQ) grant in order to attempt to secure grant funding for a public park and ride parking lot at the Old Woolen Mill; and WHEREAS, a copy of Resolution 2016-61 and the general statement of intent are attached to this Resolution for reference purposes; and WHEREAS, following the approval of Resolution 2016-61 the City's application was submitted to the Tennessee Department of Transportation (TDOT) and the application was approved for grant funding through the CMAQ improvement program; and WHEREAS, as described in the statement of intent, once project funding was approved by TDOT, the parties would need to enter into an agreement which would provide for land to be conveyed from Servidores to the City as needed for the project; and WHEREAS, the parties have jointly drafted the attached agreement between the City and Servidores for the City Council's consideration; and WHEREAS, Servidores is willing to enter into this agreement with the City, with the understanding that the agreement must then be submitted to TDOT for approval by TDOT; and WHEREAS, the City Council now desires to accept the proposed agreement with Servidores 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 Servidores LLC for the referenced project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 27th day of August, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Mr. Fivas reviewed the resolution, which is related to the park and ride grant at the Old Woolen Mill. The agreement basically lays a path to go forward. If approved the City would start the process with TDOT for a grant agreement. After that we would then go into the NEPA phase, design and then that’s when Dr. Coleman would convey the property to the City and then it would be released to out to bid. Councilman Cassada asked about different parking sites and our greatest need for our public. Secondly, we don’t know what we can get into with the environmental. What would the impact be to the City? Lastly, is the building up to code? He then stated he is comfortable moving forward to start the design process but can the building be brought up to code before we begin. Mayor Rowland stated the environmental aspects would be looked at separately from the building. Mr. Fivas stated there is always a chance to run into issues even after tests are conducted. Councilman Cassada stated he felt the building should be brought up to code before we go to TDOT in eight or nine months. Mr. Fivas stated he feels Dr. Coleman is making great progress. Mr. Jobe stated the building is not a part of the park and ride grant. Councilman Cassada replied the property in general. Mayor Rowland stated Dr. Coleman’s plans p. 203 REGULAR SESSION AUGUST 27, 2018 PAGE -203- MINUTE BOOK 29 are genuine and this will stimulate his plans, which will help us all for downtown. Councilman Estes asked if we run into hiccups how would the agreement address them. Mr. Kimball replied if it is significant then the agreement would be voided at the city’s discretion. Councilman Estes moved to approved Resolution No: 2018-76 as presented. The motion was seconded by Vice Mayor Johnson. Upon roll call, Councilman Estes, Vice Mayor Johnson, Councilman May, Councilman Hughes, Councilman Banks and Councilman McKenzie voted aye. Councilman Cassada voted no. The motion passed 6:1. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes stated it was good to see in the monthly reports the growth of social media in a year and thanked staff for reaching citizens. He also inquired about QAlert and if that was the city app for work orders. Staff responded yes. Councilman Cassada stated he would like to publicly state his reasoning for voting no on the park and ride resolution. It is $400,000 of taxpayer funds and feels there could be a greater use on the south side of town and other areas of our city. Councilman May stated he has been thinking about this being Mayor Rowland’s and Councilman Banks’ last meeting and how well Mayor Rowland has handled situations when the Council room was packed and got us through tough situations and also how sincere Councilman Banks is about Cleveland and his unique ideas and suggestions. He will miss them both and has enjoyed working with them. Councilman Hughes stated there are times in the last eight years that things were tense and didn’t know which direction they would go, and the Mayor would insert humor, as he does, and the ice would melt. He appreciates him, not only for his longevity, but for his ability to get on the phone and call someone at the State whom he knew to get something done for Cleveland. The twenty-seven years he has served on many boards and came in contact with many people, therefore made Cleveland a better place. Councilman Banks has a brilliant, analytical mind that many times when we were at a standstill would come up with a solution. He has been a great Councilmember. They both will be greatly missed. Councilman Banks stated a wise man once said “if you have no regrets about leaving, then your stay would not have been worthwhile.” There are still two great leaders left that have been here for a number of years and know how things work, which is very important. It has been a worthwhile experience. There has been tension and rough times but we are lucky to be near the mountains and lakes and we need to continue to take advantage of that aspect. The last motion he’d like to make is concerning the senior center and the letter from Demetrius Ramsey. He then moved by stating in an effort to foster and promote a good and professional relationship between the Bradley County Commission and the Cleveland City Council and address a problem facing the Bradley Cleveland Community Services Agency, the Mayor and the Cleveland City Council respectfully request that the Bradley County Commission review and take action as requested in the letter dated August 23, 2018 to the Bradley County Commission from Demetrius Ramsey, the Executive Director of the Bradley Cleveland Community Services Agency. This remedial action will allow the common goal of both bodies of elected officials to continue to provide beneficial and needed services for our senior citizens at a lower cost of operating expenses. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Mayor Rowland stated he has enjoyed working with Councilman Banks, his wisdom has been noticed and the citizens of Cleveland have benefited from his service. Councilman Banks thanked Mayor Rowland and appreciates his friendship. Vice Mayor Johnson thanked the Mayor for the experience and learning process and it has been his honor to serve as his Vice Mayor for Cleveland. Vice Mayor Johnson reminisced about his early days on the Council and flying out of Hardwick to look at a new school and all the memories he’s had working with Mayor Rowland and Councilman Banks throughout the years. p. 204 REGULAR SESSION AUGUST 27, 2018 PAGE -204- MINUTE BOOK 29 Councilman McKenzie thanked everyone, especially Mayor Rowland, for the numerous times he was visited while sick in the hospital. He then thanked everyone for their votes to re- elect him as District 1 Councilman. NEW BUSINESS AND ORDINANCES Councilman May moved to give direction to City staff to develop streetscape design for Parker Street from Central Avenue to Inman Street and after Council approval of design to begin construction. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman Banks moved to appoint Barrett Painter as Municipal Court Judge for a 2- year term to expire September 2020. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Mayor Rowland then administered the Oath of Office to Judge Painter. The following Resolution was then presented in full: RESOLUTION NO: 2018-74 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 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 27th day of August, 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 IV – BENEFITS: • Subsection S. Hospitalization Insurance Revise section to read: S. HOSPITALIZATION INSURANCE 1) Employees of the City of Cleveland are covered by the City of Cleveland’s Medical Insurance Plan, as determined by the City Council. The City Council may elect to either self-insure or use a premium-based plan or other method of providing this benefit. Employees not covered under the City’s plan must show proof of insurance if covered under another plan. p. 205 REGULAR SESSION AUGUST 27, 2018 PAGE -205- MINUTE BOOK 29 2) Retirees of the City of Cleveland are governed by the following policy regarding medical insurance. a. The minimum requirements for retired employees’ continued health care coverage shall be 3650 calendar days of full-time employment with any department of the City of Cleveland and 1) a minimum age of fifty-five (55) years, or 2) eligibility for disability retirement under the rules of the Tennessee Consolidated Retirement System (TCRS), or 3) eligibility for the minimum twenty-five (25) years creditable service retirement under TCRS. b. Upon the retiree’s death, the spouse and dependent children shall be eligible for coverage for a maximum of three (3) years plus COBRA eligibility. c. The retired employee’s coverage may terminate if the retiree becomes eligible for coverage through a new employer. The retiree and spouse may re-enroll in the city’s plan if the retiree is no longer eligible for health coverage through the other employer and the retiree meets all other eligibility requirements of the city. d. If the retired employee terminates his coverage from the City’s health care plan, then the spouse and dependent children’s coverage shall also be terminated, except as provided in (2) (b) above. e. The minimum requirements for health care premium reductions shall be 5475 calendar days of full-time service in any department of the City of Cleveland, current membership in the City’s health care plan and eligibility for retirement under the rules of the Tennessee Consolidated Retirement System. f. The premium reduction credits shall be based on the greater of actual days of full- time City service or years of creditable service as calculated by the Tennessee Consolidated Retirement System. As of February 22, 2016, the premium reduction credit shall be based on actual fulltime service, military and sick leave accumulated with the City of Cleveland. g. The premium reduction schedule shall be fifty percent (50%) reduction for 5475 days of service and an additional three (3) and 1/3 percent (3.33%) reduction for each additional 365 days of service to a maximum of one hundred percent (100%) paid for 10,950 or more days of service. However, Public Safety employees retiring under the TCRS Supplemental Bridge retirement option adopted by the City Council on November 27, 2007 which allows for full retirement at 9125 days of service at age 55, shall receive an additional one and two-thirds percent (1.67%) reduction, for a total of five (5%) percent reduction for each 365 days of service beyond 5475 days of service, up to a maximum of one hundred percent (100%) reduction for 9125 or more days of service. p. 206 REGULAR SESSION AUGUST 27, 2018 PAGE -206- MINUTE BOOK 29 Percentage of Premium Percentage Paid by City: Days of Service of Premium Supplemental Bridge By Employee Paid by City Retirement 5475 50.00 50.00 5840 53.33 55.00 6205 56.67 60.00 6570 60.00 65.00 6935 63.33 70.00 7300 66.67 75.00 7665 70.00 80.00 8030 73.33 85.00 8395 76.67 90.00 8760 80.00 95.00 9125 83.33 100.00 9490 86.67 9855 90.00 10,220 93.33 10,585 96.67 10,950 100.00 h. Retirees after June 12, 2006 will be provided coverage under the City’s Medicare Advantage Health Insurance Plan provided funding is available. i. The premiums and health care benefits will be the same as those provided for other full-time employees and subject to any and all adjustments made thereto. j. This premium reduction plan shall be retroactive to January 1, 1992 and shall remain in effect until such time as the plan may be found economically infeasible. Section VIII – MISCELLANEOUS POLICIES Add subsection to read: • Subsection U. Operation/Use of UAS (Drones) Purpose This policy is intended to establish guidelines for the use of unmanned aerial systems by the City of Cleveland, TN, including the use of data captured by the UAS. Definitions An unmanned aerial system is a powered, aerial vehicle that does not carry a human operator, can be flown autonomously or be piloted remotely, and all the supporting or attached hardware to communicate with and control the vehicle. These vehicles are capable of carrying a payload such as cameras, thermal imaging devices, and LiDAR sensors used for inspections, data collection, photography, and videography. Policy It is the policy of the City of Cleveland to utilize UAS to enhance the organization’s ability to create and update GIS data, improve public outreach, and further support operations of other departments within the City of Cleveland. All UAS operations will be p. 207 REGULAR SESSION AUGUST 27, 2018 PAGE -207- MINUTE BOOK 29 conducted during daylight hours and only within line of human sight as well and in accordance with Federal, State, and local laws and Federal Aviation Administration (FAA) Part 107 Regulations. Privacy The City of Cleveland recognizes the importance of personal privacy. Personnel operating an UAS shall be mindful of privacy rights and absent a warrant or exigent circumstances shall not intentionally record or transmit images in any location where a person would have a reasonable expectation of privacy (e.g., inside house, fenced yard, enclosed area only visible from an elevated position). Operators and observers will take reasonable precautions to avoid inadvertently recording or transmitting images in violation of privacy rights. Restriction UAS weighing over 55 lbs. including attached equipment shall not be used for any purpose. Prohibited Uses The UAS shall not be used for the following: • To conduct random surveillance activities • To fly around gatherings of people • To harass, intimidate, or discriminate against any individual or group • To conduct personal business of any type • Any purpose that would be deemed unethical or immoral There is great liability to the City of Cleveland for the use of UAS. Each flight must have prior authorization by the department head. Any unauthorized use shall have disciplinary action up to and including termination. Authorized Operators Only City of Cleveland employees who have received approval and authorization by the department head and who have successfully completed the required training and hold a current FAA Remote Pilot certification shall be permitted to operate the UAS. Operator training certifications and UAS registration documentation shall be submitted to the Risk Manager as well as kept on file by the department head or designee. Flight Logs Each authorized UAS operator will maintain a flight log. Operators will log the date, flight time, location, max altitude, total distance flown, and any additional comments. All flight logs shall be retained by the department head or designee. Maintenance Logs To ensure proper operation of the UAS and minimize the risk of equipment failure, each authorized UAS operator will keep a maintenance log. Operators should follow the manufacturer’s recommended maintenance schedule. If no maintenance schedule exists, the operator should create one. All maintenance logs are the responsibility of the operator and shall be retained by the department head or designee. p. 208 REGULAR SESSION AUGUST 27, 2018 PAGE -208- MINUTE BOOK 29 Retention of Data Photographs and video collected by the UAS shall be retained in accordance with MTAS (Municipal Technical Advisory Service) Records Retentions Schedules for Aerial Photography. (MTAS – 685, E-1) Section 2. That this Resolution shall become effective from and after its approval by the Cleveland City Council. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2018-74 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, Councilmen May, Hughes, McKenzie, Estes, Cassada and Vice Mayor Johnson voted aye. Councilman Banks passed. The motion was approved 6:1. ANNOUNCEMENTS • City Offices will be closed on Monday, September 3 in observance of Labor Day. • September 10 - City Council meeting will be held at the Museum Center – 3:00 session only (Presentation of Certificates of Election). • City Offices will be closed on Monday, October 8 in observation of Columbus Day. No City Council meeting on October 8. The next meeting will be held on Monday, October 22. Mayor Rowland commended Bradley County Mayor Davis and stated Bradley County is lucky to have him as County Mayor. Personally, Mayor Davis was a good chauffeur when he was unable to drive for a while and Mayor Davis would call offering a ride to places together. They have had a great relationship and hope it will continue with Mayor Brooks. The citizens of Bradley County and the City of Cleveland have been and will be much better because of the strong favorable relationship with many County leaders. Mayor Rowland closed the meeting by paraphrasing Ecclesiastes 3:1 “there is a time and season for everything; there is a time to live and a time to die.” There being no future business the meeting was adjourned at 3:55. _________________________________ ______________________________ Mayor City Clerk