Cleveland City Council

p. 788 REGULAR SESSION AUGUST 22, 2022 3:00 P.M. MINUTE BOOK 30 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, AUGUST 22, 2022 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks and Mayor of the Day Carey Robertson. Also present were Councilmen Bill Estes, David May, Tom Cassada, Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. Vice Mayor Avery Johnson was absent from the meeting. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Beverley Lindsey, Assistant to the City Manager; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Mike Griffin with the Chamber of Commerce; Cathy Andrews, CDBG Coordinator; Sharon Marr with Mainstreet Cleveland; Ben Berry with Berry Engineering; David Njoroge; Dustin Tommey with City Fields; Kim Brooks with Lee University and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Ken Webb, who asked for a speedy recovery for Vice Mayor Johnson, the following business was then entered into: Councilman Cassada moved to excuse Vice Mayor Johnson from today’s meeting. The motion was seconded by Councilman Webb; and upon roll, unanimously passed. 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 August 8, 2022 and approve them as written. The motion was seconded by Councilman Hughes; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS No special presentations or public comments. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held to hear public comments concerning a change in the ownership interest of members for Elxr Wine & Spirits, LLC located at 640 Inman St W. Mayor Brooks asked if anyone would like to make any comments. No one spoke. Mayor Brooks closed the hearing. Mayor Brooks stated today’s meeting is being held to hear public comments concerning a change in the ownership interest of members for Georgetown Wine & Spirits located at 2325 Georgetown Road. Mayor Brooks asked if anyone would like to make any comments. No one spoke. Mayor Brooks closed the hearing. Mayor Brooks 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 Brooks asked if anyone would like to speak in favor of the annual report. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition of the approval of the annual report. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments concerning approval of Plan of Service for about 23.40 acres, more or less, as well as portions of the Freewill Road, New Murraytown Road, and Hensley Road Right-of-ways from the unincorporated County for property located on New Murraytown Road and Freewill Road (also described as Tax Map 040 Parcel 078.00). Robert Varnell stated we held a public hearing two weeks ago on this plan of service, annexation and zoning and is available for any questions. p. 823 REGULAR SESSION AUGUST 22, 2022 PAGE -823- MINUTE BOOK 30 Planning Commission approved this item 5-0; with 3 absent and 1 recused. Mayor Brooks asked if anyone would like to speak in favor of the Plan of Service. Ben Berry with Berry Engineers stated he was also available for any questions. Mayor Brooks asked if anyone would like to speak in opposition of the Plan of Service. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments concerning a request by the property owner to annex about 23.40 acres, more or less, as well as portions of the Freewill Road, New Murraytown Road, and Hensley Road Right-of-ways from the unincorporated County for property located on New Murraytown Road and Freewill Road (also described as Tax Map 040 Parcel 040 078.00). The Planning Commission approved this item 5- 0; with 3 absent and 1 recused. Mayor Brooks asked if anyone would like to speak in favor of the annexation. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the annexation. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments concerning a request by the property owner to rezone 23.40 acres, more or less, as well as portions of the Freewill Road, New Murraytown Road, and Hensley Road Right-of-ways from the unincorporated County to PUD34 for property located on New Murraytown Road and Freewill Road (also described as Tax Map 040 Parcel 078.00). The Planning Commission approved this item 5-0; with 3 absent and 1 recused. Mayor Brooks asked if anyone would like to speak in favor of the zoning request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the zoning request. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is also being held as a public hearing to hear public comments concerning the use of the FY2022 Byrne Justice Assistance Grant Award to be received by the Cleveland Police Department. Mayor Brooks asked if anyone would like to speak in favor of the approval of the grant use. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the grant use. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as public hearing to hear public comments concerning the Consolidated Annual Performance Evaluation Report (CAPER) for the 2021-2022 Community Block Grant Program. Mayor Brooks asked if anyone would like to speak in favor of the approval of the CAPER. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the CAPER. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2023-2024 Annual Action Plan for Community Block Grant Program. Mayor Brooks asked if anyone would like to speak in favor of the action plan. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the action plan. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated the State Form CT-0253 – Report on Debt Obligation - Relating to the General Obligation Bonds, Series 2022 ($22,175,000.00) had been distributed in your packets and no formal action is necessary. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda, with removal of the surplus property item. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. p. 824 REGULAR SESSION AUGUST 22, 2022 PAGE -824- MINUTE BOOK 30 • Final Passage - Zoning Ordinance 2022-33 – heretofore passed on first reading August 8, 2022 and found in Minute Book 30, Page 812; Zoning 23.40 acres, more or less, as well as portions of the Freewill Road, New Murraytown Road, and Hensley Road Right-of-ways from the unincorporated County to PUD34 for property located on New Murraytown Road and Freewill Road (also described as Tax Map 040 Parcel 078.00) (Planning Commission: Approved 5-0; 3 absent, 1 recused). • Motion – Issuing a new Certificate of Compliance to Elxr Wine & Spirits, LLC due to change in the ownership interest of members. • Motion – Issuing a new Certificate of Compliance to Georgetown Wine & Spirits due to change in the ownership interest of members. • Motion – Authorizing the Mayor to sign the annual report to Tennessee Department of Environment and Conservation (TDEC) Division of Water Pollution Control from the Stormwater Division. • Resolution 2022-73 – Authorizing the Mayor to sign a grant application for the 2022 Edward Byrne Grant to be used for in-car camera systems. RESOLUTION 2022-73 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR FY2022 THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the City of Cleveland desires to apply for a FY2022 Edward Byrne Memorial Justice Assistance Grant in the amount of $46,010 through the United States Department of Justice, Bureau of Justice Assistance, to be used for in-car camera systems; and WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign all documents and to take all actions on behalf of the City that may be necessary or appropriate in connection with the grant application and the grant if approved. NOW, THEREFORE, BE IT RESOLVED that the City of Cleveland is authorized to apply for this grant, and the Mayor is hereby authorized to sign all documents on behalf of the City that may be necessary or appropriate for the completion of the grant application. BE IT FURTHER RESOLVED that if the City is awarded the grant, that the Mayor is further authorized to sign all documents or take any other action on behalf of the City that may be necessary or appropriate for the City to accept the grant. This 22nd day of August, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-74 - Authorizing the Mayor to sign an interlocal agreement with Bradley County for the 2022 Byrne Justice Assistance Grant (JAG) Program Award. RESOLUTION 2022-74 WHEREAS, the Cleveland Police department has received notification from the United States Department of Justice, Office of Justice Programs that an Interlocal agreement needs to be executed between the City of Cleveland and Bradley County, Tennessee in connection with grant funds being provided from the 2022 Byrne Justice Assistance Grant (JAG) Program; and p. 825 REGULAR SESSION AUGUST 22, 2022 PAGE -825- MINUTE BOOK 30 WHEREAS, the attached interlocal agreement has been prepared using a template provided by the United States Department of Justice, Office of Justice Programs; and WHEREAS, the City Council desires to enter into the attached interlocal agreement with Bradley County, Tennessee and to further authorize the Mayor to execute the agreement 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 interlocal agreement with Bradley County, Tennessee, 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.] APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-75 - Approval of the 2021-2022 Consolidated Annual Performance Evaluation Plan (CAPER) for the CDBG Program. RESOLUTION 2022-75 A RESOLUTION APPROVING THE 2021-2022 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT(CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM WHEREAS, the City Council of the City of Cleveland, Tennessee passed a Resolution approving the 2021-2022 Annual Action Plan; and WHEREAS, the 2021-2022 Consolidated Annual Performance Evaluation Report (CAPER) has been prepared by City Staff and, and a summary of the same has been made available; and WHEREAS, the City Council desires to approve the 2021-2022 Consolidated Annual Performance Evaluation Report; and NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the 2021-2022 Consolidated Performance Evaluation Report (CAPER) and authorizes the submission to the United States Department of Housing and Urban Development (HUD) Approved 22nd day of August 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Reappointment – City Judge; Richard Banks for an additional two-year term to expire September 2024. UNFINISHED BUSINESS No unfinished business. p. 826 REGULAR SESSION AUGUST 22, 2022 PAGE -826- MINUTE BOOK 30 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilwoman McKenzie stated the City of Cleveland has received the 2022 TML Excellence in Downtown Revitalization and Historic Preservation Award. Mr. Fivas added a formal presentation will be at a future meeting. Councilman Estes thanked Cathy Andrews for her work on the 2023 CAPER and reaching out to the community and being accessible. He then questioned the interest rate stated on the debt obligation form from the State. Mr. McKay explained the difference between the coupon rate and the yield on the bonds and offered to meet with Councilman Estes to explain in greater detail. Councilman Cassada asked if staff would look at 3520 Adkisson Drive for potential code violations. Councilman May stated he was happy that the Army Corps was ready to let the contract for the retention ponds and asked if a timeline had been announced. Mr. Fivas stated construction meetings should begin within the next month. Councilman Hughes asked if the City has applied for a portion of the $3 billion the State has for mental health needs for Tennessee residents. Mr. Fivas responded no, but staff will discuss with our legislative delegation to see how to receive funds. Councilman Hughes then stated Hal Taylor with City Schools handled a busing problem and thanked him for always being sensitive to the needs of the Council and the children. Also, this is the time of year that energy comes to Cleveland. Cleveland State and Lee University students provide that energy, and he appreciates it. Councilman Webb stated this is his last meeting of his first term. It has been an honor and privilege it has been to serve on the Council and is looking forward to the next four years. He appreciates his fellow Councilmembers and the opportunity to work with them for the needs of our citizens. NEW BUSINESS AND ORDINANCES The following memo concerning Homelessness Action Plan was presented in full: TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: August 22, 2022 RE: Homelessness Action Plan SUMMARY: As we have emerged from the Covid pandemic, our community has seen a serious uptick in general homelessness. Most communities across the United States have seen the same uptick, and are looking for solutions to these issues. The national opioid epidemic has substantially raised the level of drug abuse, and homeless persons. We have started to receive several communications that residents feel uncomfortable with this situation. I can assure you that Chief Gibson, his staff, and myself have met regularly to address these issues the last couple years. We’ve always taken these issues with the highest level of seriousness. The Cleveland Police Department has been proactive on these issues and have done numerous special projects to react to business owners and resident’s concerns. At this time, I am proposing to escalate our approach and will begin to implement a new Homelessness Action Plan. Councilwoman Marsha McKenzie is our City representative to the Homeless Coalition in p. 827 REGULAR SESSION AUGUST 22, 2022 PAGE -827- MINUTE BOOK 30 Bradley County. Ms. McKenzie and I have had numerous conversations about the Homeless Coalition recommendations and direction of homelessness in Bradley County. Generally, homelessness is usually found in three different categories. The first are those families and individuals who want to work and live in a home but have fallen on difficult times. Second, are those individuals who just want to be homeless and see it as a lifestyle. Third, are those individuals who have mental health or various disability issues, and in many cases, self-medicate those mental health issues with drugs and alcohol. To be clear, just like life, these individuals can go up and down in these general groups depending on the issues and stresses they have daily. The third population is the population that our police department spends the most time responding to in our city. Staff is proposing a 15-step Action Plan that we can do more on these issues. Some are short-term in implementation, and some are longer in terms of implementation. Homelessness Action Plan: 1) We need to meet with our legislative delegation to express the need for assistance on these homelessness issues that are impacting all local communities. The State of Tennessee has an approximate $3 billion dollar surplus, and they should assist in funding the mental health needs of these people. The state is generally responsible for public health operations in Tennessee. 2) We need to request that the Bradley County Health Department needs to allocate more resources to solving these issues within our community. 3) The City will meet again with Tennova Hospital and Bradley County EMS to make sure they are fully assisting our officers with dealing with our issues. Tennova Hospital needs to take a larger role in getting medical and mental health evaluations for these populations. 4) The city will meet with the Bradley County jail officials and local judicial officials and find ways to partner on keeping more of the homeless who are convicted of crimes in jail and off our streets. 5) The city will encourage an accurate and updated homeless population census. This information gives you an idea of how they got here, why are they homeless, and what are their needs. 6) The City will double our efforts to demolish non-functional buildings and have code enforcement focus on tall weeds on public and private properties. We’ve seen the homeless populations breaking into and living in these properties. 7) Work with the Bradley-Cleveland Community Services and Bradley County to fund the construction and build-out of 24 additional units for the city- owned homeless shelter. I’ve had conversations with Community Services, and they are ready to proceed with moving forward. The City Council in the FY 23 budget has allocated $50,000 in our budget for the project. These 24 additional units would allow those individuals and families who are actively looking for work to have a temporary place to live. p. 828 REGULAR SESSION AUGUST 22, 2022 PAGE -828- MINUTE BOOK 30 8) Work with The Caring Place to serve the needs of the homeless in Bradley County. The City Council in the FY 23 budget has allocated $50,000 to allow them to implement these services. These would generally be facility upgrades, food programs, and clothing programs. 9) The city will push forward with a live camera system linked to most of our public places within the city. The city would construct a Transportation and Police Department area to observe these live feeds and be connected to police patrols instantly if they see any trouble. This would specifically include a live camera system on the Greenway, in our public parks, most of our major intersections, and in our downtown area. We’ve done substantial work on this project in the past and believe that this has urgency in its implementation schedule. 10) The City will establish a ‘Homelessness Hotline’ for residents to report any trespassing, panhandling, camping, sleeping, etc. This will allow a resident to anonymously report an issue with the homeless population and have public works or CPD react immediately to the issue. This could also include a public education campaign on how to engage the homeless to best support the city in our efforts. 11) The Cleveland Police Department has a pilot project they are actively testing to allow a certified public health counselor to be imbedded with police officers to be able to health services to any homeless person that is in crisis. They have been assisting that person to get assistance at the hospital and to find housing. 12) We will do an extensive review of our ordinances and make sure they are up to date, and give CPD enough tools to enforce panhandling, loitering, etc. 13) We will continue to have additional foot patrols on the Greenway. The city had already increased these patrols earlier this year. 14) We are implementing a program to have time release locks on all of our public restrooms. Our public restrooms are frequently visited by the homeless population. They have been responsible for substantial damage to these restroom facilities. 15) Study options to look at additional homeless space in the future. RECOMMENDATION: City staff recommends the support of this 15-step Homelessness Action Plan. Councilman Webb stated recognizing homelessness is a complicated situation to both those experiencing it and the community in general, he moved to support the 15-step Homelessness Action Plan as proposed by city staff and encourage its continued refinement and implementation on an expedited basis. We also recognize and appreciate the important roll our city agencies play in addressing this issue. The motion was seconded by Councilwoman McKenzie. Upon roll call, the motion unanimously passed. p. 829 REGULAR SESSION AUGUST 22, 2022 PAGE -829- MINUTE BOOK 30 ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be held on Monday, September 12, 2022 at the Museum Center – 3:00 session only (Presentation of Certificates of Election) There being no future business the meeting was adjourned at 3:31 p.m. _________________________________ __________________________________ Mayor City Clerk