Cleveland City Council

p. 589 REGULAR SESSION APRIL 22, 2024 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, APRIL 22, 2024 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; City Attorney John Kimball; Police Chief Mark Gibson; Fire Chief Chris Bates; Kris Miller, IT Director; Seth Sumner, Transportation Planner; Tommy Myers, Public Works Director; Robert Varnell, Planning and Community Development Director; Tim Rader; Warbrit Lowery; Mark Gravelle, Dan Moore; Duane Goff; Jodi Riggins, Hal Taylor; Interim School Director Kelly Kiser, Ricky Shelton, Gracie Shamblin with Congressman Fleishman’s office, Doug Berry with the Chamber of Commerce and Tim Siniard with the Cleveland Daily Banner. Mayor Brooks welcomed the former Mayor of Cookeville Ricky Shelton to the meeting. Following the Pledge of Allegiance to the American Flag, prayer by Vice Mayor Avery Johnson, who remembers Sue Zius’ husband Michael who recently had surgery, 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 April 8, 2024 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 Mayor Brooks stated today we are swearing-in five new Police Officers to the Cleveland Police Department. Chief Gibson introduced each officer and gave a brief background on each of them. Mayor Brooks then administered the Oath of Office to Police Officers Arionna DeLorenzo, Skyler Fletcher, Luke Hannah, Justin Jones, and Lee Shukait. HEARING PETITIONS AND COMMUNICATIONS There were no hearing petitions and communications. CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented during the Work Session. Councilman Hughes then moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman May; and upon roll call, unanimously passed 7-0. a. Resolution 2024-34 – Authorizing the Mayor to sign an agreement with Great Southern Recreation for the design, manufacture and install the playground equipment for Jim Sharp Park. RESOLUTION 2024-34 WHEREAS, the City is in the process of constructing Jim Sharp Park; and WHEREAS, the City has selected Great Southern Recreation to design, manufacture and install the playground equipment for Jim Sharp Park; and p. 590 REGULAR SESSION APRIL 22, 2024 PAGE -590- MINUTE BOOK 31 WHEREAS, in connection with this project, these parties have prepared the attached agreement, and the City Council now desires to approve of the attached agreement with Great Southern Recreation, 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 Great Southern Recreation, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 22nd day of April 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk b. Resolution 2024-35 – Authorizing the Mayor to sign a Letter of Agreement, Additional Services #1 with MHM for the Cherokee Hotel redevelopment. RESOLUTION 2024-35 WHEREAS, the City is proceeding with the redevelopment of the Cherokee Hotel and the adjoining building; and WHEREAS, by Resolution 2023-31 passed on April 24, 2023, the City select McCarty Holsaple McCarty (MHM) to provide professional architectural services for the project; and WHEREAS, in connection with this project, the City has received the attached letter of agreement for additional service #1 from MHM for this project; and WHEREAS, this letter agreement will separate the bid package for both buildings into two separate bid packages; and WHEREAS, based upon the recommendation of City staff, the City Council desires to accept this letter of agreement for additional service #1 and to enter into the attached letter of agreement with MHM for this project and to authorize the Mayor to execute the letter 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 letter of agreement with MHM for the referenced project, and the City Council further authorizes the Mayor to execute the letter agreement on behalf of the City of Cleveland. This 22nd day of April 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 591 REGULAR SESSION APRIL 22, 2024 PAGE -591- MINUTE BOOK 31 c. Resolution 2024-36 – Authorizing the Mayor to sign an Arbitrage Rebate Services Proposal with Bingham Arbitrage Rebate Services, Inc., relating to the Series 2022 Bonds. RESOLUTION 2024-36 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BINGHAM ARBITRAGE REBATE SERVICES, INC. WHEREAS, the City Manager and City staff are recommending to the City Council that the City enter into a professional services agreement with Bingham Arbitrage Rebate Services, Inc. to provide professional financial services to the City in connection with arbitrage calculations in connection with General Obligation Bonds-Series 2022; and WHEREAS, the City Council desires to approve the attached professional services agreement with Bingham Arbitrage Rebate Services, Inc. and to authorize the Mayor to execute the attached professional services agreement on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Council does hereby approve of the attached agreement with Bingham Arbitrage Rebate Services, Inc. to provide professional services as described in the attached agreement, and the City Council further authorizes the Mayor to execute the agreement on behalf of the City. This 22nd day of April 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk d. Bid Summary - Outdoor Ground Boxes relating to the Inman Street project. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: April 22, 2024 RE: Bid Summary – Outdoor Ground Boxes SUMMARY: The City advertised to accept sealed bids on April 16, 2024, for outdoor ground boxes for the Inman Street project. Bids are listed below: • Mayer Electric $18,827.20_________ • City Electric Supply $19,400.00_________ • Wholesale Supply $21,400.00_________ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff recommends award to low bidder, Mayer Electric. p. 592 REGULAR SESSION APRIL 22, 2024 PAGE -592- MINUTE BOOK 31 e. Motion – Declaring the service weapon of Officer Scott Criddle as surplus property and given to him as a token of the City’s appreciation for his 26-years of dedicated service to the Cleveland Police Department. f. Motion – Declaring Officer Criddle’s K-9, Alana, as surplus after 7½-years of service to the Cleveland Police Department and allowing Officer Criddle to adopt her from the Cleveland Animal Shelter. g. Motion - Authorizing the Mayor to sign a TN Seasonal Retailer Fireworks Permit Renewal for Mid America Distributors, Inc for the existing locations permissible within the city limits of Cleveland. h. Motion – Authorizing the Mayor to sign an engagement letter with Miller & Martin. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilwoman McKenzie had no report at this time. Councilman Estes stated he heard the circus over the weekend at Blythe Oldfield went really well. Also, Lee’s graduation ceremony is on May 4, be prepared for the additional traffic. Next, he would love to make sure that the pools are going to be open on time in May and we’re on track. Mr. Fivas responded he doesn’t think we’ve had any concerns at this point. Lastly, he understands the lights were up at the soccer field but not on. Councilman Cassada stated yes, they are up as he was there Saturday. They look great but they left before they were turned on. Mr. Fivas stated in two weeks they will be switched on. Councilman Cassada stated unfortunately, he missed the ice cream eating competition over the weekend due to a funeral in Murphy, NC. He needs to apologize to Doug Berry for missing it, as he sponsored him for the event. Secondly, Councilman Cassada stated he would like to honor two Councilmen, Councilman Dale R. Hughes, and Vice Mayor Avery Johnson. He then read the following statement: With heartfelt appreciation and dedication to service of Cleveland, Tennessee. As the winds of change sweep through Cleveland, TN it is with a profound sense and gratitude and admiration that we reflect on your collective 46 years of unwavering dedication and service tour beloved community. Your tireless efforts, steadfast commitment, and selfless contributions have left an indelible mark on the fabric of our city, shaping its present and guiding its future. First, I’d like to honor Councilman Dale R. Hughes. For 16 years, he has been a beacon of integrity, wisdom, and compassion, tirelessly advocating for the needs and aspirations of our residents. Your leadership has been a source of inspiration, fostering inclusivity, fairness, and progress in every decision made for the betterment of Cleveland. Your tenure has been marked by a deep sense of responsibility and an unwavering dedication to service, embodying the very essence of civic duty. Some of his accomplishments people maybe not know, his career 13 years at Lee as athletic director, basketball coach, Professor, Bradley Central High Principal, where I got to know you at that time from 1975 to 1996 and real estate. As we know, the Holiday Inn Express on the hilltop. Baymont's Holiday Express Hotels. The National School of Excellence in 1986. People may not be aware that Mr. Hughes had the opportunity to represent Bradley High School, which was one of the only schools receiving this award in 1986, represented by President Ronald Reagan. Principal of the Year of Secondary Schools in 1996. Some of the boards, Chamber of Commerce as president, YMCA, as president twice. Cleveland Utilities Board sat there 26 years and was chairman for eight years. Isaiah117 Board, which is a great organization here in our community that helps kids. Beta Club, served as Tennessee chairman for 25 years. it started with 286 students and now it is up to 12,000 students in the state. His wife p. 593 REGULAR SESSION APRIL 22, 2024 PAGE -593- MINUTE BOOK 31 Brenda and son Richie with his wife Stephanie and two granddaughters, one's getting married soon. Also, Eddie Joe and daughter Keri. Similarly, Vice Mayor Avery Johnson’s remarkable 30-year tenure stands as a testament to a lifetime of service and devotion to the people of Cleveland. Your visionary leadership, coupled with your boundless compassion and commitment, has been instrumental in shaping our city’s landscape and fostering a sense of community that is unparalleled. Your passion for public service and your relentless pursuit of excellence have left an indelible legacy that will continue to inspire generations to come. Some of his accomplishments, employed with Maytag for 44 years. Graduate of College Hill High School in 1960, attended Cleveland State Community College, past President of Cleveland Toastmasters, Past president with Cleveland Lion’s Club, current President of College Hill Alumni Association. The founding president of 100 Black Men of Bradley County Inc. Past vice president of Maytag National Management Association. Committees you served on United Way Budget allocation committee, Cleveland High School Board, Economic Development Committee, and Chamber of Commerce, American Red Cross Board, Blood Assurance and Human Relations Council in 1967, which was appointed by Mayor Harry Dethro. His wife Lelia and two sons Avery Johnson, Jr., Shaun, two daughters Lamonica and Twyla and four grandsons. So, gentlemen, as you embark on the next chapter of your lives, we want to express our heartfelt gratitude for your exemplary service, your steadfast leadership, and your unwavering dedication to the betterment of Cleveland. Your tireless efforts have transformed challenges into opportunities, adversity into triumphs, and aspirations into achievements. Your legacy will forever be etched in the annals of our city’s history, serving as a beacon of hope and inspiration for all who call Cleveland home. On behalf of the grateful residents of Cleveland Tennessee, we extend our deepest thanks and appreciation for your years of service, sacrifice, and commitment. May your future endeavors be filled with joy, fulfillment, and continued success. Mayor Brooks asked to hear from our two distinguished gentlemen. Vice Mayor Johnson thanked Councilman Cassada. He has served over 30 years on the City Council, 23 years as Vice Mayor. He has served with a lot of people with integrity and people that didn’t have near the resources we have now. They did the best they could and go our city prepared. I really appreciate all the accolades and appreciate their commitment to do what is right. A lot of times it is hard to make a decision, because there are people involved that you know. Sometimes it has been difficult, but I have enjoyed being on the Council and working with men and women with such integrity. Everyone up here is honorable in his sight. It takes a lot to do this job and sacrifice to do the right thing. Also, I have decided, after re-reading the City Charter, I had a person in mind that I was going to step down at the second meeting in May, but I’m not going to step down. I will finish my term since it’s so close to the election to give the people the opportunity to vote for the person they would like to serve. He then told the story of Councilman Hughes letting his brother and friends into the gym at Lee, at night to allow the boys to play basketball. It made a big impact. Councilman Hughes stated he appreciates what Councilman Cassada had to say and his kindness and expression. He is grateful for what he had to say. He has enjoyed the men and women on this Council. The Mayor runs an incredible meeting and has a lot of experience. He appreciates everyone. The mixture we have makes an excellent Council. We’ve got educators, contractors, owners of a business, an auditor, and a man with 44-years of experience. He appreciate our staff. The police and fire departments, all the great things that are happening now that we are working on, is great. John Kimball has been a great counselor for the City. Jonathan Jobe, and both Chiefs, you guys have been terrific. Tommy Myers, who has a lot of accolades and goes above and beyond. He looks forward to downtown projects and seeing the Cherokee becoming an individual City Hall. It will be nice. It has been his pleasure working with everyone. p. 594 REGULAR SESSION APRIL 22, 2024 PAGE -594- MINUTE BOOK 31 Councilwoman McKenzie stated she would like to thank Councilman Hughes and Vice Mayor Johnson for the legacy that they are leaving to the younger generation and the younger Council men and women that will sit in these seats on the Council. Councilman Hughes has always been gracious and good to me, and I appreciate his friendship and kindness over the years. Vice Mayor Johnson has a park in his name. It has been an honor to serve with both of you. Councilman May stated he has certainly enjoyed Vice Mayor Johnson and Councilman Hughes. They have always voted your conviction and always tried to vote for what you saw in, not for personal gain but what was good for Cleveland. He has fond memories and has enjoyed service with both of them. Councilman Webb stated if he his not mistaken, one of his first votes as a new councilmember in 2018 was naming of the Avery Johnson Park. He is certainly glad the city was able to honor him, and it was certainly deserved. His relationship with Councilman Hughes is a little different; as he served on the Cleveland Utility Board for 26 years, when he was an employee during that time. He appreciated the way he could have conversations about issues and work through those issues and always appreciated his support. They will both be missed on the Council, and they have certainly earned and deserved some time away from issues you have to deal with. Mayor Brooks stated as a young man of 18 years old at Lee College, as a history major, I gave, when Dr. Snell was not able to physically, I was honored to be asked to give the downtown walking tour. A part of that tour was City Hall and Vice Mayor Avery Johnson. He has served admirably for as long as I have been in Cleveland. He is honored to now sit with him as a colleague, Councilman, and Vice Mayor. Your legacy truly continues forever. Growing up Church of God, you don't grow up without knowing the Hughes family. When you come to Lee College and you're away from your family, there are some families that take you in and the Hughes family was one of those. I have always been so thankful that he believed in me as a very young man when many, many people did not and was always supportive and so grateful to be seated beside you for these few years together, and I look forward to that continuing wherever our paths go. Mayor Brooks added his mom misses the restaurant on the hill. NEW BUSINESS AND ORDINANCES There was no new business and ordinances. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, May 13, 2024. b. Public Hearing and First Reading of the FY2025 Budget will be on Monday, May 13, 2024 c. Arbor Day, Tree City and Bee City celebration event at Fletcher Park on Tuesday, April 23 at noon. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:43 p.m. _________________________________ _________________________________ Mayor City Clerk