Cleveland City Council

p. 1 REGULAR SESSION JANUARY 9, 2023 3:00 P.M. MINUTE BOOK 31 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JANUARY 9, 2023 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson, Councilmen Bill Estes, David May, Tom Cassada, Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; Sue Zius, Administrative Coordinator; Beverley Lindsey, Assistant to the City Manager; City Attorney John Kimball; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Dr. Russell Dyer; Jodi Riggins, Cindy Geren, Jeff Elliott, Nate Tucker and Hal Taylor with Cleveland City Schools; Cathy Andrews, CDBG Coordinator; Sherry Brown; Doug Berry with the Chamber of Commerce; Sharon Marr with Mainstreet Cleveland and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Nate Tucker, Mayor Brooks asked for a moment of silence for former Councilman Charlie McKenzie, who passed away two years ago today. 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 December 12, 2022 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Mr. Fivas thanked the Public Works, Forestry and Parks & Recreation employees who did a wonderful job clearing the roads during the snow event. Also, thanks to our First Responders for keeping us safe. HEARING PETITIONS AND COMMUNICATIONS There were no hearing petitions and communications. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. • Resolution 2023-01 – Authorizing the Cleveland Police Department to apply for the Violent Crime Intervention Fund and the Competitive Collaborative Enhancement Grant through the State of Tennessee Office of Criminal Justice Programs. RESOLUTION 2023-01 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR A GRANT UNDER THE VIOLENT CRIME INTERVENTION FUND AND THE COMPETITIVE COLLABORATIVE ENHANCEMENT GRANT WHICH ARE BOTH OFFERED BY THE STATE OF TENNESSEE WHEREAS, Governor Bill Lee and the Tennessee General Assembly appropriated $100 million in the State 2022-2023 budget for the Violent Crime Intervention Fund (VCIF), which provides grant funds for local law enforcement agencies to implement evidence-based programs, technology, and strategies that will reduce violent crime in our communities; and p. 2 REGULAR SESSION JANUARY 9, 2023 PAGE -2- MINUTE BOOK 31 WHEREAS, the Cleveland Police Department is requesting approval from the City Council to apply for the Formula Based Grant, which provides funding based on each agency’s reported three-year average of reported violent crime. The Cleveland Police Department is eligible to receive up to $515,000 in support funding. This funding would be used to purchase and apply new technologies and equipment, hire and train specialized violent crime investigators and/or units to directly disrupt or prevent violent crimes in the City of Cleveland; and WHEREAS, the Cleveland Police Department is also requesting the City Council’s approval to apply for the Competitive Collaborative Enhancement Grant. The State of Tennessee has allocated up to $2 million for agencies applying for enhancement funds to address regionally specific needs to combat violent crime through a regional/multi-jurisdictional approach. This includes sharing of intelligence and resources to effectively respond to violent crimes. This is a competitive grant and requires a collaborative partnership with at least one other Law Enforcement Agency. The Cleveland Police Department will partner with the Bradley County Sherriff’s Office, this funding would be used to purchase and apply new technologies and equipment, hire and train specialized violent crime investigators and/or units to directly disrupt or prevent violent crimes in the City of Cleveland; and WHEREAS, the deadline to submit the grant proposal is 01/16/2023, and the grant funding contract would be for three years and is a reimbursement grant and it does not require any match funding. If awarded, it would begin in March 2023 and would expire June 2025; and WHEREAS, information relating to these grant programs is attached hereto; and WHEREAS, the City Council desires to approve of the City’s application for these grants, and to authorize the Mayor and the Chief of Police 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 applications, and to accept the grants if approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland that the City of Cleveland is hereby authorized to apply for these grants, and the Mayor and the Chief of Police are hereby further authorized to sign all documents on behalf of the City that may be necessary or appropriate for the completion of the grant applications. BE IT FURTHER RESOLVED that if the City is awarded the grants, that the Mayor and the Chief of Police are further authorized to sign all documents and to take any other action on behalf of the City that may be necessary or appropriate for the City to accept these grants. This 9th day of January 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2023-02 - Approving subrecipient agreement with City Fields for Down Payment Assistance through the CDBG Program. RESOLUTION 2023-02 WHEREAS, the City of Cleveland Community Development Block Grant Program includes funding within the budget for a Down Payment Assistance Program; WHEREAS, the Down Payment Assistance Program assists eligible low income families in the purchase of affordable housing within the CDBG target area to be constructed and financed by City Fields, Inc.; p. 3 REGULAR SESSION JANUARY 9, 2023 PAGE -3- MINUTE BOOK 31 WHEREAS, said Down Payment Assistance funding can be applied to the down payment, closing costs and/or to reduce the principal balance of the loan; NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves the Sub- recipient agreement with City Fields Inc.; BE IT FURTHER RESOLVED THAT the City Council hereby approves of the use of CDBG funds for Down Payment Assistance to qualified homebuyers for the amount of $18,000. This 9th day of January 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2023-03 - Approving subrecipient agreement with Habitat for Humanity for Down Payment Assistance through the CDBG Program. RESOLUTION 2023-03 WHEREAS, the City of Cleveland Community Development Block Grant Program includes funding within the budget for a Down Payment Assistance Program; WHEREAS, the Down Payment Assistance Program will assist eligible low income families in the purchase of affordable housing within the CDBG target area to be constructed and financed by Habitat for Humanity of Cleveland; WHEREAS, said Down Payment Assistance funding can be applied to the down payment, closing costs and/or to reduce the principal balance of the loan; NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves the Sub- recipient agreement with Habitat for Humanity; BE IT FURTHER RESOLVED THAT the City Council hereby approves of the use of CDBG funds for Down Payment Assistance to qualified homebuyers for the amount of $30,000. This 9th day of January 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2023-04 – Amending the City’s Personnel Rules and Regulations to revise Section VIII Miscellaneous Policies, Subsection L. Anti-Harassment Policy. RESOLUTION 2023-04 A RESOLUTION AMENDING THE PERSONNEL POLICIES OF THE CITY OF CLEVELAND, TENNESSEE p. 4 REGULAR SESSION JANUARY 9, 2023 PAGE -4- MINUTE BOOK 31 THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted by Resolution on April 8, 2019 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, the City’s Human Resources Director and the Human Resources, Healthcare and Retirement 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 9th day of January 2023, 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 VIII – Miscellaneous Policies Revise Subsection L to read as follows: L. HARASSMENT/WORKPLACE VIOLENCE POLICY The definition of sexual harassment includes conduct directed by men toward women, conduct directed by men toward men, conduct directed by women toward men, and conduct by women toward women. Consequently, this policy applies to all officers and employees of the City of Cleveland, including but not limited to, full and part-time employees, elected officials, permanent and temporary employees, employees covered or exempt from the personnel rules or regulation of the City, and employees working under contract for the City. Other forms of harassment based on an employee’s membership in a protected class, including race, national origin, religion, color, creed, age or disability or other protected class are also prohibited. 1. DEFINITION Sexual harassment or unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature in the form of pinching, grabbing, patting, propositioning; making either explicit or implied job threats or promises in return for submission to sexual favors; making inappropriate sex-oriented comments on appearance; telling embarrassing sex-oriented stories; displaying sexually explicit or pornographic material, no matter how it is displayed; or sexual assault on the job by supervisors, fellow employees, or on occasion, non-employees when any of the foregoing unwelcome conduct affects employment decisions, makes the job environment hostile, distracting, or unreasonably interferes with work performance is an unlawful employment practice and is absolutely prohibited by the City. The City also prohibits conduct by officials, management persons, supervisors and non- management employees directed toward another employee due to the employee’s membership in a protected class including race, national origin, religion, color, creed, age or disability that has the effect of creating a hostile work environment. Such conduct can include verbal or written statements, conduct of an intimidating nature or other conduct that has the effect of demeaning the employee due to the employee’s membership in a protected class. OTHER HARASSMENT Any employee’s conduct which has the purpose or effect of unreasonably interfering with an individual’s work performance or creating any intimidating, hostile, or offensive work environment, based on that individual’s race, gender, national origin, religion, age, sexual orientation, or disability, is also unlawful and will not be tolerated. p. 5 REGULAR SESSION JANUARY 9, 2023 PAGE -5- MINUTE BOOK 31 BULLYING Bullying is defined as a series of persistent, hostile interpersonal interactions that cause substantial distress to another person. It may take the form of deliberate, hurtful repeated behaviors or offenses over a period of time. In contrast, any criticism related to job performance that is given in a dispassionate respectful and non-hostile way is not bullying. 2. MAKING HARASSMENT COMPLAINTS The City may be held liable for the actions of all employees with regard to harassment and therefore, will not tolerate the harassment of its employees. The City will take immediate, positive steps to stop it when it occurs. By law, the City is responsible for acts of harassment in the work-place where the City (or its agents or supervisory employees) knows or should have known of the conduct, unless it can be shown that the City took immediate and appropriate corrective action. The City may also be responsible for the acts of non-employees, with respect to the harassment of employees in the work-place, where the City (or its agents or supervisory employees) knows or should have known of the conduct and failed to take immediate and appropriate corrective action. Prevention is the best tool for the elimination of harassment. Therefore, the following rules shall be strictly enforced. Any employee who feels he/she is being subjected to harassment should immediately contact one of the persons below with whom the employee feels the most comfortable. Complaints may be made orally or in writing to: a. The employee's immediate Supervisor or another Supervisor within the department. b. The employee's Department Head. c. The City's Human Resources Director. d. The City Manager. e. The Mayor. f. Any member of the City Council. Employees have the right to circumvent the employee chain of command in selecting which person to whom to make a complaint of harassment. The employee should be prepared to provide the following information: a. Official's or employee's name, department, and position title. b. The name of the person or persons committing the harassment, including their title/s, if known. c. The specific nature of the harassment, how long it has gone on, and any employment action (demotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against the employee as a result of the harassment, or any other threats made against the employee as a result of the harassment. d. Witnesses to the harassment. e. Whether the employee has previously reported the harassment and, if so, when and to whom. 3. REPORTING AND INVESTIGATION OF HARASSMENT COMPLAINTS The Human Resources Director is the person designated by the City to be the investigator of complaints of harassment against employees. In the event the harassment p. 6 REGULAR SESSION JANUARY 9, 2023 PAGE -6- MINUTE BOOK 31 complaint is against the Human Resources Director, the investigator shall be a City Management level employee appointed by the City Manager. When an allegation of harassment is made by any employee, the person to whom the complaint is made shall immediately prepare a report of the complaint according to the preceding section and submit it to the Human Resources Director or the City Manager. A failure to bring a complaint of harassment to the attention of the Human Resources Director or City Manager shall be grounds for discipline. The investigator shall make and keep a written record of the investigation, including notes of verbal responses made to the investigator by the person complaining of harassment, witnesses interviewed during the investigation, the person against whom the complaint of harassment was made, and any other person contacted by the investigator in connection with the investigation. The notes shall be made at the time the verbal interview is in progress. Upon conclusion of the investigation, the investigator shall prepare a report of the findings and present them to the City Manager. The report shall include the written statement for the person complaining of harassment, the written statement of witnesses, the written statement of the person against whom the complaint of harassment was made, and all the investigator's notes connected to the investigation. 4. ACTION ON COMPLAINTS OF HARASSMENT Upon receipt of a report of the investigation of a complaint of harassment the City Manager shall immediately review the report. If the City Manager determines that the report is not complete in some respect, he/she may question the person complaining of harassment, the person against whom the complaint has been made, witnesses to the conduct in question or any other person who may have knowledge about the harassment. Based upon the report and his/her own investigation, where one is made, the City Manager shall promptly determine whether the conduct of the person against whom a complaint of harassment has been made constitutes harassment prohibited under the Anti-Harassment Policy. In making that determination, the City Manager shall look at the record as a whole and at the totality of circumstances, including the nature of the conduct in question, the context in which the conduct, if any, occurred, and the conduct of the person complaining. The determination of whether harassment occurred will be made on a case-by-case basis. If the City Manager determines that the complaint of harassment is founded, he/she shall take immediate and appropriate action, including disciplinary action against the employee guilty of harassment, consistent with his authority under the City charter, ordinances or rules governing his authority to discipline employees. The disciplinary action shall be consistent with the nature and severity of the offense, the rank of the employee, and any other factors the City Manager believes relate to fair and efficient administration of the City, including, but not limited to, the effect of the offense on employee morale and public perception of the offense, and the light in which it casts the City. The disciplinary action may include demotion, suspension, dismissal, warning, or reprimand. A determination of the level of disciplinary action shall also be made on a case-by-case basis. In every case, the action taken shall be reasonably calculated to prevent further acts of harassment. A written record of disciplinary actions taken shall be kept, including verbal reprimands. In all events, an employee accused of harassment shall be warned not to retaliate in any way against the person making the complaint of harassment, witnesses or any other person connected with the investigation of the complaint of harassment. Retaliation against any employee making a complaint or participating in an investigation shall subject the individual who engages in retaliatory conduct to disciplinary action, up to and including termination. p. 7 REGULAR SESSION JANUARY 9, 2023 PAGE -7- MINUTE BOOK 31 In cases where the harassment is committed by a non-employee against a City employee in the workplace, the City Manager in consultation with the City Attorney shall take whatever lawful action against the non-employee is necessary to bring the harassment to an immediate end. 5. OBLIGATION OF EMPLOYEE Employees are not only encouraged to report instances of harassment, they are obligated to report them. Employees are also obligated to cooperate in every investigation of harassment. The obligation includes, but is not necessarily limited to, coming forward with evidence, both favorable and unfavorable, for a person accused of such conduct; fully and truthfully making written reports or verbally answering questions when required to do so by an investigator. Disciplinary action may also be taken against any employee who fails to report instances of harassment, or who fails or refuses to cooperate in the investigation of a complaint of harassment. It is the policy of the City of Cleveland to promote a safe environment for its employees. The City is committed to working with all employees to maintain a work environment free from workplace violence and harassment. Threats, threatening and abusive behavior, physical or verbal assaults, threats of violence or physical coercion, or other actions where the motive is to cause pain, fear or personal injury against other employees, visitors, vendors, citizens or other individuals will not be tolerated. Any employee who makes threats, exhibits threatening behavior, or engages in violent acts or harassing behavior shall be removed from the premises as quickly and safely as possible and shall remain off premises pending the outcome of an investigation. Following an investigation, the City will initiate an immediate and appropriate response leading to corrective action up to and including termination of employment and/or referral to appropriate law enforcement agencies for arrest and prosecution. All employees are responsible for notifying their immediate supervisor or other management personnel of any threatening behavior or workplace violence/harassment that they themselves have been subjected to, or that they have witnessed occurring to other individuals, or that they are told another person has been subjected to or witnessed. Even without a specific threat, all employees should report any action or behavior they have witnessed that they regard as potentially threatening or violent or which could endanger the health or safety of an employee or other individual. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threatening behavior and the person or persons being threatened. Any failure to report an incident of workplace violence/harassment may subject the non-reporting employee to disciplinary action up to termination. The City understands the sensitive nature of the information required in the reporting of actions of this nature. However, the City will provide all information necessary to the appropriate authorities in order to conduct a full and thorough investigation. Section 2. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 9th day of January, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 8 REGULAR SESSION JANUARY 9, 2023 PAGE -8- MINUTE BOOK 31 • Resolution 2023-05 – Authorizing the Mayor to sign contract amendment #1 with Wood/WSP for CEI Services for the LIC North project. RESOLUTION 2023-05 WHEREAS, the City of Cleveland and Wood Environment & Infrastructure Solutions, Inc. (hereafter Wood) entered into an agreement dated December 15, 2021, for Construction Engineering and Inspection Services (CEI) for the LIC North Project; and WHEREAS, the construction of the project is still ongoing, and Wood, in conjunction with Thompson Engineering, have been performing CEI services for this project; and WHEREAS, the original estimate for CEI services was for the contract period from December 15, 2021, through November 30, 2022; and WHEREAS, construction of the LIC North project is still ongoing; and WHEREAS, at the last City Council meeting held on December 12, 2021, the City Council approved a Resolution which approved of an extension to the agreement with TDOT for the project to extend the completion time for the LIC North project; and WHEREAS, the City’s contract with TDOT for the LIC North project has now been amended and the completion date for the LIC North project has been extended until April 30, 2023; and WHEREAS, because the construction completion deadline has now been extended, additional CEI services for the project will also be required; and WHEREAS, Wood has provided the City with an addendum for the additional CEI services for this project which estimate that the additional CEI services will be an amount not to exceed $109,519.89; and WHEREAS, the City Council desires to approve of an addendum with Wood for these additional CEI services, and to further authorize the Mayor to execute the addendum for additional CEI services for the project. 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 addendum presented by Wood to the City for additional CEI services for the LIC North project in an amount not to exceed $109, 519.89, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 9th day of January 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Surplus Property – Declaring a 1996 Jeep Cherokee as surplus property to be used by the Cleveland Fire Department for training purposes. p. 9 REGULAR SESSION JANUARY 9, 2023 PAGE -9- MINUTE BOOK 31 AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: January 9, 2023 RE: Surplus Property SUMMARY: Fleet Management has requested the vehicle listed below to be declared surplus property: • Police Department - 1996 Jeep Cherokee 1J4FJ68SXTL288221 COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. RECOMMENDATION: City staff recommends approval of this item. UNFINISHED BUSINESS Councilman Cassada moved that city staff immediately obtain a purchase contract with Cleveland Development Enterprises II, LLC for the purchase of 775 Raider Drive at a price of $759,610.35 to be presented to the owner and his lawyer, and to be approved at the next meeting. The motion was seconded by Vice Mayor Johnson. Councilman Estes asked if this helped Mr. Kimball to pursue the contract. Mr. Kimball replied yes, this is consistent with what was discussed during the work session. Councilman May stated we discussed a contract but also to receive something from the School Board on how they will handle and fund the building. He feels we should wait until we have all the information before a vote. Councilman Estes stated this codifies what we said during the work session. We can’t vote on everything if we don’t have a contract, it is moot. This is a way to put on paper to direct city staff to do exactly what our sentiment is, it give more gravitas and we are being very clear. We need that and something from the School Board in the next two weeks. Councilman Hughes stated we need it before going forward but doesn’t want to vote now. Councilman Estes stated the motion is to offer a contract with the amount. Councilman Hughes added Councilwoman McKenzie requested the figures on how it will all work for the city and school board. Councilman Estes asked not to muddy the water, we have to have an agreement. Councilman Webb asked for clarification of the last statement of the motion, to be approved at the next meeting, is that for approval or consideration. Councilman Cassada stated for consideration and maybe by that time city staff can have something in hand that we can discuss and move forward. Councilman Cassada amended his motion to change the last statement to be approve at the next meeting to for consideration at the next meeting. Councilman Webb asked about Councilwoman McKenzie’s request for the numbers. Mayor Brooks asked Mr. Tucker about the meeting schedule for the School Board. Mr. Tucker with the Cleveland City School Board stated their next meeting was tomorrow and based on the direction/vote from the City Council they will discuss getting documents to you for your next meeting. Councilwoman McKenzie asked if the motion could be amended to include both documents for consideration. Councilman Cassada stated he was open to the amendment. Councilman Estes stated one would be a contract, the other a proposal. Mr. Kimball stated you would want something in writing, like a memorandum of understanding or a proposal for clarity. Mayor Brooks asked Mr. Kimball if the motion would take us to the next step needed. Mr. Kimball stated for everyone’s clarity he would simply add the city is willing to consider at its next meeting a contract which would sell the property to the city for the price recited, not approving the contract, but willing to consider if it was in fact presented in a way that you could accept it. That is what Councilman Cassada is trying to accomplish. You are not authorizing p. 10 REGULAR SESSION JANUARY 9, 2023 PAGE -10- MINUTE BOOK 31 acceptance, you are presenting it to them, assuming he signs it, it would then come back to you for approval and signature. Councilman May stated we approved a motion to accept an offer of the building on Raider Drive for free, no strings attached. The vote was 7-0 to accept it. For some reason we did not get a deed. Now, we are voting to give $759,610.35 for the building. He feels funny voting to give that amount of money for a building we already voted to accept for free, that we didn’t get. He doesn’t know how he will vote on a contract, but he would like a contact and an agreement from the School Board that they want to accept it, how they will fund it and if it will be a tax increase or not. Mayor Brooks asked for the motion to be stated. Ms. Brandon stated the motion is city staff immediately obtain a purchase contract with Cleveland Development Enterprises II, LLC for the purchase of 775 Raider Drive at a price of $759,610.35 to be presented to the owner and his lawyer, and to consider the contact at the next City Council meeting. Mr. Fivas stated he and Dr. Dyer would commit to a draft proposal or understanding that everyone can review. Councilman Webb asked if this does anything different than what we agreed to during the work session. Councilman Estes stated it codifies it on the record. We voted at the last meeting for a letter and that is what we got. Now we need a legal contract. We have to be specific. It is up to the School Board to bring us a proposal if they want the building. We can still vote this up or down in two weeks. Mr. Kimball stated the intent of the motion is that you would like to see a contract for this price, that you can vote up or down at your next meeting. You also want information from your School Board to help you decide. The Council consensus was to have a separate motion addressing documents from the School Board. Upon roll call, Councilman Cassada, Vice Mayor Johnson, Councilwoman McKenze and Councilman Estes voted aye. Councilman May, Councilman Hughes and Councilman Webb voted no. The motion carries 4:3. Councilwoman McKenzie moved that Mr. Fivas, Dr. Dyer and the City School Board develop a proposal of their intent for 775 Raider Drive to be provided at the next City Council meeting, to possibly clarify and help the City Council know how to proceed with the building. The motion was seconded by Councilman Cassada. Councilwoman McKenzie stated if we could obtain the building, it would be a good thing for the City Schools and if it’s not costing the taxpayers and we can work it out, she thinks we should look at it. If not, we can say no. Upon roll call, the motion unanimously passed. REPORTS OF AND COUNCIL MEMBERS Mayor Brooks announced today was National Law Enforcement Appreciation Day. He expressed the Council’s appreciation to Chief Gibson and the entire department for keeping us safe. Councilwoman McKenzie stated she was glad to see the downtown Christmas lights still lit throughout the winter months. She encouraged citizens to come and enjoy the lights. Secondly, Keep America Beautiful will be hosting a community clean up event in the College Hill area on January 28. It will encompass 6th Street NE, East Street NE, and Gaut Street NE. If anyone would like to volunteer visit www.keepclevelandandbradleycountybeautiful.org. Also, they will be hosting another tire clean up event at Exit 20 on January 21. Also, a tire clean up event is scheduled in February for the Overhead Bridge Road area. Lastly, thanks to Code Enforcement and Public Works, who will be helping with the clean-up event at College Hill. Councilman Estes thanked the Mayor and colleagues for recognizing Owen Clemons during the Work Session for his Cross-Country State Championship. Secondly, this year our Public Library will turn 100. Last week the celebration kicked off and appreciates Mayor Brooks and Mr. Fivas representing the City Council. There will be several events throughout the year. Lastly, Lee University classes will begin tomorrow, so prepare for an increase in traffic. Councilman Cassada welcomed Bradley County Commissioner Tommy Ledford to the meeting. Secondly, we had a new church open this weekend. Redemption of the Nations Church had over 1,100 people in attendance. They have locations in Chattanooga and Athens as well. He then asked Mr. Fivas and city staff to possibly have at the next meeting, a preliminary report on the property across the creek, which the owner is willing to donate to the city for a parking lot p. 11 REGULAR SESSION JANUARY 9, 2023 PAGE -11- MINUTE BOOK 31 with an access bridge, to help with special event parking and also it could be tied into the Greenway. Lastly, he thanked the Cleveland Fire Department, Station 3 for assisting his mother during an emergency situation. They were very kind and professional and took great care of her before going to the emergency room. We have great First Responders. He would also like to thank the families of First Responders for sharing them with us during the holidays. It is a sacrifice. Mayor Brooks added he also attended the service of Redemption of the Nations Church. It was amazing to see the transformation of the building and it was a great service. Councilman Hughes thanked Public Works, Parks& Recreation, Finance, and Administration for the Christmas luncheons. He, Councilwoman McKenzie, Councilman Webb, and Mr. Fivas attended them all. It was good to fellowship with employees. Councilman Webb inquired about the status of the Greenway cameras. Mr. Fivas stated Kris Miller has been working on the cameras and we have 3 that are currently live. It is good technology, with facial recognition and they will be happy to have a presentation at the next meeting. If the Council is satisfied, we can begin to initiate the next phase. Vice Mayor Johnson stated he received a call from William Campbell inquiring about the status of the lighting upgrade at 3423 Brighton Blvd and if city staff would follow-up with Cleveland Utilities. He then asked about the status of the Gaut Street sidewalk project. Mr. Fivas responded we are waiting on TDOT for a notice to proceed. Sidewalks will be from Mosby Park down Inman Street, down Gaut Street and back to College Hill Center. Councilman Estes inquired about connecting to the Central Avenue sidewalk. Mr. Fivas stated that portion will be done in-house. Councilman Hughes welcomed Andy Lay, new City School Board member to the meeting. Councilwoman McKenzie stated members of the Council attended the grand opening for Sanda Mill today. Mayor Brooks added the owner, developer and contractor all commented that the Cleveland city staff was the nicest and, in their words, the best city in America to work with. They have an area with historical items found in the building during the renovation and encouraged everyone to take a tour. Also, HHM will have their dine and dash on Thursday evening. He is thankful to serve with a forward thinking, revitalization minded Council. NEW BUSINESS AND ORDINANCES Mayor Brooks stated the downtown parking agreement with Bank of Cleveland will be discussed at our next meeting. Councilman May stated the agreement with Bank of Cleveland will be a game changer for downtown. He then inquired if staff could begin discussions again with the Elks Lodge for a parking agreement. Mr. Fivas stated he will reach out to them. ANNOUNCEMENTS Mayor Brooks announced the following: • City offices will be closed on Monday, January 16 in observance of Martin Luther King Jr. Day. • The next City Council meeting will be held on Monday, January 23, 2023. There being no future business the meeting was adjourned at 3:50 p.m. _________________________________ __________________________________ Mayor City Clerk