City Council
Regular MeetingMurfreesboro, TN · January 19, 2017
Minutes
January 19, 2017
The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in
regular session at its regular meeting place in the Council Chambers at City Hall at 7:00
p.m. on Thursday, January 19, 2017, with Mayor Shane McFarland present and presiding
and with the following Council Members present and in attendance, to wit:
Madelyn Scales Harris
Rick LaLance
Bill Shacklett
Eddie Smotherman
Kirt Wade
The following representatives of the City were also present:
Robert J. Lyons, City Manager
Jennifer Moody, Assistant City Manager
Melissa Wright, City Recorder/Finance Director
Craig Tindall, City Attorney
Glen Godwin, Director of Human Resources
Georgia A. Meshotto, Administrative Assistant
City Council/City Recorder
Council Member Rick LaLance commenced the meeting with a prayer followed by the
Pledge of Allegiance.
Mayor McFarland extended condolences to former Council Member Ron Washington
on the recent passing of his father.
Mayor McFarland made the following announcements:
*Historic Bottoms Study, special meeting of Planning Commission, Monday, January
23, 2017, 11:00 a.m. Conference Room 218 - City Hall.
*Miracle Field Donor Recognition, Monday, January 23, 2017, 12:00 noon. Grand
opening ceremony to be held in the Spring.
*West Park Meeting, Tuesday, January 24, 2017, 5:00-7:00 p.m., Blackman High
School.
The Consent Agenda was presented to the Council for approval:
1) Letter of recommendations from the Community Development Director: Housing
Rehab for 1507 River Rock Boulevard.
(Insert letter from the Community Development Director here.)
Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Mr. Wade
seconded the motion and all members of the Council voted “Aye”.
Mr. Wade made a motion to approve the minutes as written and presented for the
special joint meeting of Council and Parks & Recreation Commission held on December 5,
2016 (West Park); regular meeting held on December 15, 2016; and special meeting held
on January 5, 2017 (Legislative Priorities). Mr. LaLance seconded the motion and all
members of the Council voted “Aye”.
An ordinance, entitled “ORDINANCE 16-OZ-61 amending the Zoning Ordinance and
the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now
in force and effect to zone approximately 36.9 acres along Asbury Road and Asbury Lane as
Planned Residential Development (PRD) District (Kingsbury Development), simultaneous
January 19, 2017 Page 2
with annexation; Land Management Group, applicant [2016-455],” which passed first
reading on January 12, 2017, was read to the Council and offered for passage on second
and final reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll
call said ordinance was passed on second and final reading by the following vote:
Aye: Madelyn Scales Harris
Rick LaLance
Bill Shacklett
Eddie Smotherman
Kirt Wade
Shane McFarland
Nay: None
Said ordinance so passed on second and final reading is as follows:
(Insert ORDINANCE 16-OZ-61 here.)
An ordinance, entitled “ORDINANCE 16-OZ-63 amending the Zoning Ordinance and
the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now
in force and effect to zone approximately 34.3 acres along Osborne Lane as Single-Family
Residential Twelve (RS-12) District (16.4 acres) and Single Family Residential Ten (RS-10)
District (17.9 acres), simultaneous with annexation; Conrad Camp, applicant [2016-454],”
which passed first reading on January 12, 2017, was read to the Council and offered for
passage on second and final reading upon motion made by Mr. LaLance, seconded by Mr.
Wade. Upon roll call said ordinance was passed on second and final reading by the following
vote:
Aye: Madelyn Scales Harris
Rick LaLance
Bill Shacklett
Eddie Smotherman
Kirt Wade
Shane McFarland
Nay: None
Said ordinance so passed on second and final reading is as follows:
(Insert ORDINANCE 16-OZ-63 here.)
An ordinance, entitled “ORDINANCE 16-O-26 amending the Murfreesboro City Code,
Chapter 11-Electricity, Sections 11-1, 11-2, and 11-3, dealing with the Murfreesboro Electric
Department,” was read to the Council and offered for passage on first reading upon motion
made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said ordinance was
passed on first reading by the following vote:
Aye: Madelyn Scales Harris
Rick LaLance
Bill Shacklett
Eddie Smotherman
Kirt Wade
Shane McFarland
January 19, 2017 Page 3
Nay: None
Mayor McFarland recognized Mr. Jimmy Jobe, Jobe Hastings & Associates, who gave
a presentation on the City of Murfreesboro Comprehensive Annual Financial Report for the
Fiscal Year ended June 30, 2016. The report expressed an unmodified (“clean”) opinion on
the City of Murfreesboro’s financial statements for the year ended June 30, 2016. The
Government Finance Officers Association (GFOA) of the United States and Canada awarded
a Certificate of Achievement for Excellence in Financial Reporting to the City of Murfreesboro
for its Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2015. This was
the 18th consecutive year that the City achieved this prestigious award. He felt the current
comprehensive annual financial report continues to meet the Certificate of Achievement
Program’s requirements and has been submitted to the GFOA to determine its eligibility for
another certificate. Mr. Jobe highlighted areas of the report and answered questions from
Council. The audit report is posted on the City’s website.
Mr. Shacklett made a motion to accept the Comprehensive Annual Financial Report
for the Fiscal Year ended June 30, 2016 as prepared by Jobe, Hastings & Associates. Mr.
Wade seconded the motion and all members of the Council voted “Aye”.
The following letter of recommendations from the Human Resources Director was
presented to the Council:
(Insert letter dated January 19, 2017 here with regards to transition
to “Arrears Payroll” for the City of Murfreesboro employees.)
The Human Resources Director gave a presentation on the transition to “Arrears
Payroll” and answered questions from the Council. Mr. David Herndon, Senior Account
Executive with Kronos, was present.
The following RESOLUTION 17-R-05 was read to the Council and offered for adoption
upon motion made by Mr. LaLance, seconded by Ms. Scales Harris. Upon roll call said
resolution was adopted by the following vote:
Aye: Madelyn Scales Harris
Rick LaLance
Bill Shacklett
Eddie Smotherman
Kirt Wade
Shane McFarland
Nay: None
(Insert RESOLUTION 17-R-05 here authorizing the adjustment of employee
payroll from a current payroll cycle to a two-week arrears payroll cycle.)
The City Recorder/Finance Director presented a Special Event Beer Application for
Children’s Museum Corporation d/b/a Discovery Center for events to be held at 503 N.
Maple Street (Secret Garden Party Reveal Kickoff on 02/07/2017) and 502 SE Broad Street
January 19, 2017 Page 4
(Sherlock Holmes 21+ Event on 04/07/17). All requirements had been met by the applicant.
A Beer Application was presented for Puckett’s Murfreesboro (ownership/name change), 114
N. Church Street. This application is pending completion of all building and codes
requirements.
Mr. Shacklett made a motion to accept the recommendation of the City
Recorder/Finance Director to approve a Special Event Beer Permit for Discovery Center and
approve a Beer Permit for Puckett’s Murfreesboro upon all building and codes requirements
being successfully met. Ms. Scales Harris seconded the motion and all members of the
Council voted “Aye”.
Mayor McFarland indicated there were no board or commission appointments to be
made at this time.
The City Recorder/Finance Director indicated there were no payment of statements
to be considered at this time.
Under other business, Mr. Smotherman announced that the Linebaugh Public Library
now has a kiosk location for people to renew their driver’s license.
There being no further business, Mayor McFarland adjourned this meeting at 7:29
pm.
SHANE MCFARLAND - MAYOR
ATTEST:
MELISSA B. WRIGHT - CITY RECORDER
Agenda
MURFREESBORO CITY COUNCIL
AGENDA
January 19, 2017
7:00 p.m.
Council Chambers
PRAYER
MR. RICK LALANCE
PLEDGE OF ALLEGIANCE
CEREMONIAL ITEMS
Consent Agenda
1. Consider recommendations of the Community Development Director: Housing Rehab for
1507 River Rock Boulevard.
Minutes
2. A. December 5, 2016 - Special Joint Meeting of City Council/Parks & Recreation Commission
(West Park).
B. December 15, 2016 - Regular Meeting.
C. January 5, 2017 - Special Meeting (Legislative Priorities).
Second Readings
3. Consider for passage on second and final reading ORDINANCE 16-OZ-61 to zone an area
along Asbury Road and Asbury Lane as Planned Residential Development (PRD) District
(Kingsbury Development), simultaneous with annexation [2016-455].
4. Consider for passage on second and final reading ORDINANCE 16-OZ-63 to zone an area
located along Osborne Lane as Single-Family Residential Twelve (RS-12) District and Single-
Family Residential Ten (RS-10) District, simultaneous with annexation [2016-454].
First Readings
5. Consider for passage on first reading ORDINANCE 16-O-26 amending Murfreesboro City
Code, Chapter 11-Electricity, Sections 11-1, 11-2, and 11-3, dealing with the Murfreesboro
Electric Department.
New Business
6. Hear from Jobe, Hastings & Associates with regards to Comprehensive Annual Financial
Report for Fiscal Year June 30, 2016.
7. A. Consider recommendations of the Human Resources Director: Transition to Arrears Payroll
for City of Murfreesboro employees.
B. Consider for adoption RESOLUTION 17-R-05 authorizing the adjustment of employee
payroll from a current payroll cycle to a two-week arrears payroll cycle.
Beer Permits
Board & Commission Appointments
Payment of Statements
Other Business from Staff or City Council
Adjourn
. . . creating a better quality of life
CONSENT AGENDA
January 19, 2017
Honorable Mayor and Members of the City Council:
As an item for consideration under the Consent Agenda, it is recommended that the City Council approve
the following item:
Housing Rehab – 1507 River Rock Boulevard
Background
The homeowner at the subject address has applied for and is eligible for assistance through the City’s
Housing Rehabilitation Program. Three contractors attended the Contractor Walkthrough on December
28, 2016. Two bids were received and opened on January 10, 2017.
Bowen Glass & Construction $10,523.00
James I. Brown $ 8,579.76
Fiscal Impact
The Community Development Budget as amended allocates $298,332 for housing rehab projects.
Accepting the low bid of $8,579.76 from James I. Brown would leave a balance of approximately
$164,000 available and uncommitted.
Concurrences
The homeowner has accepted the low bid and met with the contractor Thursday, January 12, 2017, to
sign the contract.
Recommendation
We recommend approving the project and authorizing the Mayor to sign the construction contract on
behalf of the City.
Sincerely,
John Callow
Community Development Director
Community Development
211 Bridge Avenue * P. O. Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 890 4660 * Fax 615 217 2260
TDD 615 849 2689 www.murfreesborotn.gov
ORDINANCE 16-OZ-61 amending the Zoning Ordinance and the Zoning
Map of the City of Murfreesboro, Tennessee, as heretofore amended and as
now in force and effect to zone approximately 36.9 acres along Asbury Road
and Asbury Lane as Planned Residential Development (PRD) District
(Kingsbury Development) simultaneous with annexation; Land Management
Group, applicant. [2016-455]
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MURFREESBORO, TENNESSEE, AS FOLLOWS:
SECTION 1. That the same having been heretofore recommended to the City
Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of
the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of
this Ordinance as heretofore amended and as now in force and effect, be and the same
are hereby amended so as to zone the territory indicated on the attached map.
SECTION 2. That, from and after the effective date hereof, the area depicted on
the attached map be zoned and approved as Planned Residential Development (PRD)
District, as indicated thereon, and shall be subject to all the terms and provisions of said
Ordinance applicable to such districts, the plans and specifications filed by the applicant,
and the conditions and stipulations referenced in the minutes of the Planning Commission
and City Council relating to this zoning request. The City Planning Commission be and it
is hereby authorized and directed to make such changes in and additions to said Zoning
Map as may be necessary to show thereon that said area of the City is zoned as indicated
on the attached map. This zoning change shall not affect the applicability of any overlay
zone to the area.
SECTION 3. That this Ordinance shall take effect fifteen (15) days after its
passage upon second and final reading, the public welfare and the welfare of the City
requiring it.
Passed:
Shane McFarland, Mayor
1st reading
2nd reading
ATTEST: APPROVED AS TO FORM:
Melissa B. Wright Craig D. Tindall
City Recorder City Attorney
SEAL
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ORDINANCE 16-OZ-63 amending the Zoning Ordinance and the Zoning
Map of the City of Murfreesboro, Tennessee, as heretofore amended and as
now in force and effect to zone approximately 34.3 acres Osborne Lane as
Single-Family Residential Twelve (RS-12) District (16.4 acres) and Single-
Family Residential Ten (RS-10) District (17.9 acres), simultaneous with
annexation; Conrad Camp, applicant. [2016-454]
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MURFREESBORO, TENNESSEE, AS FOLLOWS:
SECTION 1. That the same having been heretofore recommended to the City
Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of
the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of
this Ordinance as heretofore amended and as now in force and effect, be and the same
are hereby amended so as to zone the territory indicated on the attached map.
SECTION 2. That from and after the effective date hereof the area depicted on the
attached map be zoned and approved as Single-Family Residential Twelve (RS-12)
District and Single-Family Residential Ten (RS-10) District, as indicated thereon, and shall
be subject to all the terms and provisions of said Ordinance applicable to such districts.
The City Planning Commission be and it is hereby authorized and directed to make such
changes in and additions to said Zoning Map as may be necessary to show thereon that
said area of the City is zoned as indicated on the attached map. This zoning change shall
not affect the applicability of any overlay zone to the area.
SECTION 3. That this Ordinance shall take effect fifteen (15) days after its
passage upon second and final reading, the public welfare and the welfare of the City
requiring it.
Passed:
Shane McFarland, Mayor
1st reading
2nd reading
ATTEST: APPROVED AS TO FORM:
Melissa B. Wright Craig D. Tindall
City Recorder City Attorney
SEAL
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ORDINANCE 16-O-26 amending the Murfreesboro City Code, Chapter 11
– Electricity, Sections 11-1, 11-2, and 11-3, dealing with the Murfreesboro
Electric Department.
WHEREAS, the City is authorized by its Charter to acquire by purchase,
condemnation or in other lawful manner; construct, own, operate, maintain; or sell, lease,
mortgage, pledge or otherwise dispose of, among other utility services, electric generating
plants, electric distribution systems, and street lighting systems;
WHEREAS, on May 12, 1939, the City, within the authority granted by its Charter,
Chapter 429, Private Acts, 1935, purchased the existing electric system serving the City;
created an electric department; and under that department, began operating the electric
generating plant, purchasing electricity from the Tennessee Valley Authority, operating
the electric distribution system, and operating the City’s street lighting system;
WHEREAS, since creating the electric department, the City has financed the
improvement, operation, and maintenance of the electric system through the collection of
rate payments and the issuance of revenue bonds to meet demand for electric power and
to provide a high level of electric service to the City’s electric customers;
WHEREAS, on May 16, 1946 the Murfreesboro City Council (“Council”) resolved
to create the Board of Public Utilities, the name of which on January 9, 1986 was changed
to the “Murfreesboro Electric Department,” and to appoint a governing Board, commonly
known as the “Power Board,” consistent with the Municipal Electric Plant Law of 1935,
Chapter 32, Public Acts, 1935, for the general supervision and control of the
improvement, operations, and maintenance of the electric system; the Power Board, with
modifications, has served the City continually since its creation;
WHEREAS, in light of the growth of the electric department, the expansion of the
electric system, and the current and projected demand for additional service, the Council
deems it in the best interest of the rate payers and the citizens of Murfreesboro, within
and solely with respect to the authority granted by its Charter, to dissolve the Power Board
as constituted and to reconstitute the Power Board under authority of the Charter in order
to further integrate the electric department into the City’s management structure and
assure continued effective and efficient improvement, operation, and maintenance of the
electric system.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MURFREESBORO, TENNESSEE, AS FOLLOWS:
SECTION 1. The Murfreesboro Electric Power Board, created by Resolution of the
Council on May 16, 1946, and formerly known as the Board of Public Utilities, is hereby
dissolved and re-established as set forth herein.
SECTION 2. Section 11-1 of the Murfreesboro City Code is hereby amended by
deleting the section in its entirety and substituting in lieu thereof the following:
SECTION 11-1 DEPARTMENT CREATED.
(A) Consistent with the City’s Charter, in 1939 the City purchased the electric
generating plant and distribution system serving the City and created the City’s
electric department as a department of the City government having jurisdiction
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over the electric generating plant, electric distribution system, and street
lighting system (collectively, the “electric system”) within and outside the City.
(B) Notwithstanding anything to the contrary that may be expressed or implied in
this article, it is hereby expressly provided as follows:
(1) the Council reserves full and complete power and authority to adopt the
budget for the electric department and the electric system in such amounts
as it determines upon consideration to the recommendations of the Power
Board as to any proposed budget and in adherence to the City’s
agreement with the Tennessee Valley Authority;
(2) with the exception of safety policy and procedures related to specialized
work on the electric system, all City employment policy and procedures will
be adopted and implemented by the electric department unless variances
are approved by Power Board.
SECTION 3. Section 11-2 of the Murfreesboro City Code is hereby amended by
deleting the section in its entirety and substituting in lieu thereof the following:
SECTION 11-2 POWER BOARD CREATED.
(A) Manner of creation. The Council, having purchased the electric system within
the authority of its Charter, elects not to appoint a board of public utilities under
T.C.A. § 7-52-107, and alternatively appoints a board for the electric system
consistent with the Charter and this section.
(B) Board creation. There is hereby created a “Power Board” of the City, to have
and to exercise general supervision and control of the operation, maintenance,
improvement, and extension of the electric system of the City including, without
limitation by reason of enumeration, to exercise the powers and the
performance of the duties hereinafter conferred upon the Power Board by the
Council. The Power Board’s authority and responsibilities are subject to the
terms and provisions of this article.
(C) Board; term of office. The Power Board shall be composed of five members,
four citizen members and one Council member.
(1) The four citizen members shall be residents of the City appointed by the
Mayor with the approval of the Council and serve four-year, staggered
terms. For the initial appointment upon adoption of this Ordinance, the
Mayor shall designate two citizen members to serve two years and two
members to serve four years. Thereafter, each appointment will be for four
years. Appointments made to fill vacancies will fill only the uncompleted
term of the member vacating the Power Board.
(2) The fifth member shall be a Council Member appointed by the Mayor and
whose term shall be coterminous with that Council member’s current term
of office at the time of appointment.
(3) Members of the Power Board serve at the will of the Council and may be
removed from the Power Board by the Council without cause.
(D) Oath; bond. Each member of the Power Board shall qualify by taking the same
oath of office as prescribed for Council members, and give such bond, if any,
as may be required by resolution of the Council.
(E) Vacancies. Vacancies in the membership of the Power Board occur upon the
death or resignation or removal of a member, or upon a member ceasing to be
a resident of the City. Vacancies shall be filled in the same manner as
appointments and the new member so appointed shall fulfill the remainder of
the term of the vacating member.
(F) Organization. After the initial appointment of the Power Board members and
at the first meeting after July 1st of each subsequent year, as its first order of
business, the Power Board shall elect its chair, its vice-chair, and a secretary.
Upon election, the chair shall preside for the remainder of the meeting and for
thereafter during the elected member’s term. The Power Board may elect to
designate an employee of the electric department to serve as secretary of the
Power Board. In the event the chair is unavailable for any reason, the vice-chair
shall preside at the meeting, and in the event the chair and vice-chair are both
unavailable for any reason, the longest serving member of the Power Board
shall preside at the meeting.
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(G) Quorum. A majority of the required members of the Power Board constitutes a
quorum for that meeting and the Power Board shall act by majority vote of the
members present at any meeting attended by a quorum. Vacancies in the
Power Board shall not affect its powers and authority so long as a quorum
remains.
(H) Meetings.
(1) Regular Meetings. The Power Board shall hold public meetings as often as
may be necessary, but at least once per month, at such regular time and
place as the Power Board may determine. All Power Board regular
meetings and notice thereof shall comply with T.C.A. § 8-44-101 et seq.
Changes in the time and place of regular meetings shall be made known to
the public as far in advance as practicable. Any regular meeting may be
adjourned from time to time by appropriate entry upon the minutes of the
Power Board.
(2) Special Meetings. The Power Board may hold special meetings at such
regular place of meeting at such times and as often as may be deemed
necessary upon the call of the chair, the vice-chair, or a majority of the
Power Board at a duly noticed meeting, the General Manager, the Council
member serving on the Power Board, or Council. All Power Board special
meetings and notices thereof shall comply with T.C.A. § 8-44-101 et seq.
Such call for a special meeting shall designate with specificity the reason
for the meeting and shall be posted, at least twelve hours prior to the time
fixed for the holding of such meeting, at the principal office of the
department and City Hall, and, when practicable, upon giving oral or written
notice thereof to the members not calling or participating in the call of the
particular special meeting.
(I) Compensation. All members of the Power Board shall serve as such without
compensation or benefit but they shall be allowed necessary traveling and
other expenses while engaged in the business of the Power Board, including
an allowance not exceeding three hundred dollars ($300) per month for
attendance at meetings, such expenses to constitute a cost of operation and
maintenance of the City's electric system.
SECTION 4. Section 11-3 of the Murfreesboro City Code is hereby amended by
deleting the section in its entirety and substituting in lieu thereof the following:
SECTION 11-3 POWER BOARD POWERS AND DUTIES.
(A) Generally. In addition to and incidental to the powers and duties conferred upon
or vested in the Power Board by the provisions of this Section, the Power Board
shall have and perform the following powers and duties, to wit:
(1) study and analyze the operations of the electric department and of the
electric system and direct the General Manager to make improvements for
a more efficient and economical operation thereof, including the
development and implementation of rules and regulations pertaining to the
provision of electric service to customers and as approved by the
Tennessee Valley Authority;
(2) consider the need for and direct the General Manager with reference to
the maintenance, improvement, and extension of the electric system and
the method or methods of financing same;
(3) study and analyze the financial requirements of the electric system,
including funds required (i) to pay all operating costs and expenses
necessary to pay the principal of and interest on the bonds payable solely
from the revenues and income of the electric system or payable from such
revenues and income; (ii) to pay, in the event of a deficiency of such
revenues and income, from unlimited ad valorem taxes levied on all the
taxable property within the City necessary to pay the principal of and
interest on any other bonds issued by the City for electric system purposes
which are not expressly payable from such revenues and income, but by
the terms thereof are payable solely from the levy of such taxes necessary
to provide the sinking funds required to be set aside for the payment of any
such bonds by the resolution or resolutions authorizing such bonds; (iii) to
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provide for the necessary and appropriate maintenance, improvement,
and extension of the electric system;
(4) study the financial requirements of the electric system and create the
necessary schedule of rates and charges which the Power Board
considers necessary to meet such financial requirements;
(5) study and secure the necessary insurance to protect the assets of the
electric department and the electric system and to protect the City against
any reasonable liability related to operation of the electric department and
the electric system;
(6) study and make recommendations to the General Manager as to the
personnel required for the economical and efficient operation,
maintenance, improvement, and extension of the electric system, including
recommendations on the salary, other compensation, and the terms and
conditions under which such personnel shall be employed or work,
provided such personnel are provided for in the budget for the electric
department and electric system for the current fiscal year; or, if not so
provided for, when the employment of such person or persons is
specifically authorized by the Council through a budget amendment;
(7) subject to Council approval of funds budgeted therefore, authorize the
General Manager to contract for all services, supplies, equipment, and
machinery required in the operation, maintenance, improvement, and
extension of the electric system, provided, however, (i) that the General
Manager shall have the authority to let contracts obligating the electric
plant on purchase orders without prior approval by the Power Board in an
amount set by resolution of the Power Board; and (ii) all emergency
purchases by the General Manager shall be subject to procedures set forth
in Section 2-10 of the Code, substituting therein the General Manager for
the City Manager;
(8) subject to Council approval of funds budgeted therefore, make any
expenditure for the current fiscal year for the operation, maintenance,
improvement, and extension of the electric system;
(9) subject to Council budget approval and consistent with the City’s contract
with the Tennessee Valley Authority, lower, raise, or otherwise change any
rate or charge for electric service or other services furnished by the electric
department and the electric system; and
(10) appoint and, subject to the budget of the electric department, fix the salary
of the General Manager of the electric department, who shall (i) be
qualified by training and experience for the general superintendence of the
acquisition, improvement, and operation of the electric plant; (ii) have the
authority and responsibility for the general superintendence of the
acquisition, improvement, and operation of the electric plant; (iii) commit
to regularly communicating, collaborating, and conferring with the City
Manager regarding the operation of electric department and electric
system to assure the citizens and businesses of the City are best served;
and (iv) in the event of a declared emergency and with the consent of
Council shall be subject to the direct authority of the Mayor.
(B) Limitations. Notwithstanding anything to the contrary in this article that may
be expressly or impliedly provided, nothing in this article shall be held or
construed to:
(1) empower the Power Board to borrow money on the faith and credit of the
City or on the faith and credit of the electric system or the income and
revenues therefrom or the properties thereof or otherwise, or to give and
execute any evidence(s) of any such indebtedness; provided that nothing
in this clause hereof shall be held or construed to prevent the Power Board
from authorizing or making any expenditure (not previously authorized and
made), provision for which is made in the budget for the current fiscal year
adopted by the Council for the electric department and for the operation,
maintenance, improvement, and extension of the electric system;
(2) authorize the Power Board in its own name to purchase, hold, or encumber
any real property;
(3) prevent the Council from reducing or eliminating any item(s) of
expenditures provided for in said budget to the extent not theretofore
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already encumbered or made; or
(4) affect in any manner or way any contract or obligation of the City with
respect to the electric system or the income or revenues therefrom or the
properties thereof, nor with respect to any bonds issued in connection with
the electric system or obligations assumed with respect to such bonds.
(C) Budget. On or before May 15th of each year, unless such time be extended
by the Council, the Power Board shall submit to the City Manager, for
submission to and consideration by the Council, the budget for the electric
department for the operation, maintenance, improvement, and extension of
the electric system for the ensuing fiscal year, which shall be prepared in
cooperation with the City Manager and which shall set forth under appropriate
headings:
(1) the recommended itemized expenditures required for the operation,
maintenance, improvement, and extension of the electric system during
such ensuing year;
(2) the amounts to pay principal of and interest on bonds payable in whole or
in part from the revenues and income from the electric system and
maturing during such ensuing year and the amount or amounts required
by the resolution or resolutions authorizing such bonds to be set aside in
reserve or sinking funds for such bonds during such ensuing year and
including any recommended expenditures to be made from the proceeds
of bonds which the Power Board may recommend to be issued by the City
or from tax or other funds which the Council may be requested to provide;
(3) set forth a detailed estimate of the income and revenues to be derived from
the electric system during such ensuing year, supported by a detailed
summary of the actual income and revenues from the electric system
during the current and the preceding fiscal years and of the actual
expenditures made from such income and revenues during such current
and preceding fiscal years for the operation, maintenance, improvement,
and extension of the electric system; and
(4) a detailed statement of the proceeds from bonds and of other funds made
available by the Council or otherwise to, and actually expended for, the
operation, maintenance, improvement, and extension of the electric
system during the current and preceding fiscal years.
Nothing herein contained shall be held or construed to prevent the City
Manager from commenting upon or providing additional information for
consideration by the Council with respect to the budget for the electric
department and for the operation, maintenance, improvement, and extension
of the electric system during such ensuing fiscal year.
(D) Reports to Council. The Power Board shall make an annual report for each
fiscal year of the operations, receipts, and expenditures of the electric
department and of the electric system to the Council and, if and so long as
requested by the Council, quarterly reports of such operations, receipts, and
expenditures, reflecting total income and revenues of the electric department
and of the electric system and, under headings corresponding with the items
in the budget for the current fiscal year of the electric department and electric
system, the expenditures authorized and made during the period covered by
such reports.
SECTION 5. That this Ordinance shall take effect fifteen (15) days after its passage
upon second and final reading, the public welfare and the welfare of the City requiring it.
Passed:
Shane McFarland, Mayor
1st reading
2nd reading
ATTEST: APPROVED AS TO FORM:
mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\26 - 16-o-26.docx 12/9/2016 3:33:46 PM #5
Melissa B. Wright Craig D. Tindall
City Recorder City Attorney
SEAL
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No Digital Copy
“creating a better quality of life”
GLEN GODWIN, SPHR, IPMA-CP 111 West Vine Street
HUMAN RESOURCES DIRECTOR P.O. Box 1139
Murfreesboro, TN 37133-1139
Phone 615-848-2553
FAX 615-904-6506
E-mail: ggodwin@murfreesborotn.gov
Regular Agenda
January 19, 2017
Honorable Mayor Shane McFarland and Members of Murfreesboro City Council
Re: Transition to Arrears Payroll for City of Murfreesboro employees
As an item for the regular agenda of January 19, 2017, City Council will consider a resolution
regarding transitioning payroll to arrears.
Background
Project Summary
The MUNIS ERP (Enterprise Resource System) system was implemented in conjunction with the City
of Murfreesboro IT Strategic Plan which included implementation of the MUNIS Payroll module and
Kronos time and attendance system software in February 2016. This software implementation
replaced the former COBOL Legacy system used to generate City and Murfreesboro Water and Sewer
employee Payroll and is strategically congruent with the Finance department MUNIS implementation.
Since the design of time and attendance systems are not ideally configured to work with a “current”
payroll schedule, the Kronos system used by the City required customized configuration and
customized interface, which has resulted in the need to reconcile employee and supervisor time card
entries and approvals during a short payroll processing window, this, in turn, creates an ongoing
possibility of employee overpayment and underpayment (from scheduled work hours) scenarios for
employees.
Some employees are unable to understand how the Kronos system reconciliations (that work with
actual time entries, schedules, benefits accruals/usage and projections) represent actual time worked
when receiving and comparing their payroll advice statements to their time cards. All such system
reconciliations have been found to be in compliance with the existing requirements of the Fair Labor
Standards Act (FLSA). The Payroll Department has worked hard to provide training and support to
Subject Matter Experts (SME’s) and has provided tools including a Kronos Payroll Preparation report
for the purpose of detailing how hours are tracked and recorded from time card entries to pay advice
statements. Departmental Subject Matter Experts have thus been able to better explain hours’
reconciliations with these tools and training to employees.
Even though this particular reconciliation issue affects only full‐time non‐exempt (hourly) employees,
a transition to arrears payroll allows for payroll processing to be smoother, easier to understand by
employees and supervisors, and is considered an industry best practice by professional payroll
organizations and other businesses.
Arrears payroll also provides for more synchronization between employee time card entries and
payroll advice statements; especially with those employees who serve on a tour of duty in either the
Murfreesboro Police Department or Murfreesboro Fire and Rescue Department. There have been a
number of employees who have expressed concern that their payroll advice statements are not easy
to follow, understand or verify with their time card entries. Payroll has met individually with a
number of employees to explain the reconciliation and “true up” effect on the next payroll cycle.
These meetings have resulted in employees understanding that they were paid for every hour
worked. However, these types of employee concerns cannot be addressed without moving to arrears
payroll.
Project Team
A project team including City Administration, Finance, Human Resources, Legal, and Information
Technology has analyzed the various advantages and disadvantages of continuing to pay “current”
versus transitioning to “arrears” payroll. The analysis included benchmarking of other public and
private sector entities who have transitioned to arrears payroll and a review of applicable Federal,
State, and Local laws. The team has concluded that moving to arrears payroll is beneficial for City
employees, supervisors, payroll processing and integration within existing Kronos and MUNIS
software, given the project transition options.
Employee Focus Group meetings
An employee focus group of ten employees and supervisors from MPD, MF&R, MW&S, and Parks and
Recreation was held in August and October of 2016. The purpose of the focus group has been to be a
sounding board as the project team analyzed options and employee communication information.
Employees in attendance included employees who are scheduled to work on respective tours of duty.
Employees were provided with project details and draft communication for the transition and
options, were asked for their feedback, and informational materials and options were changed based
on the feedback received from the focus group.
All Employee Communication and Leadership team feedback to City Administration
The leadership team was provided with communication tools including an eleven minute
transition project overview video and a payroll cycle‐specific power‐point slide deck to
communicate transition highlights to their respective employees.
Employees were asked to provide questions and feedback to their respective Department
head(s) during the last week of December.
A large majority of employee feedback concerns specific questions about how deductions and
withdrawals would be affected by the various hardship avoidance options.
2|Page
Human Resources presentation to City Council at Human Resources and Finance City Council
Retreats
City Council was provided with in depth project information at its September 12, 2016, HR Retreat
and was also provided with follow up information at its January 11, 2017, Finance retreat.
Information concerning the project background, current policy and practice, hardship avoidance
options, and fiscal impact were provided. City Manager Rob Lyons and HR Director Glen Godwin
provided City Council with informational options taken from benchmarking, the project team
analysis, and employee focus group feedback regarding how a financial hardship may be avoided for
City employees.
After reviewing the information provided by City Administration and Human Resources, City Council
has expressed financial support for the City to assume the entire cost to transition to arrears payroll.
Employee eligibility and projected effective date of transition
All full‐time employees engaged in continuing employment activities during the two weeks
immediately preceding the arrears transition date and are anticipated to continue thereafter are
proposed to be eligible for two weeks regular wages, less normal withholdings, and deductions, as
arrears transition pay. The one exception is for the retirement related deduction for the (ICMA) 401(a)
and (ICMA) 457 plans, contributions will not be made as they are required, since they are computed
on base wages.
Part‐time employees who are currently paid one week in arrears will transition to two weeks in
arrears but are not eligible for arrears transition pay. Employees running out benefits hours (pending
their retirement status) are not eligible for arrears transition pay, however, will continue to receive
available benefits hours payments as scheduled.
The projected arrears transition date is April 2, 2017; however, this date is subject to change due to
software configuration design, testing results, and unforeseen project delays.
Fiscal Impact
Kronos programming changes‐Kronos requires approximately 100 hours of software
configuration and testing for $19,800. Funding for this purchase will come from the FY17
Human Resources Budget; consulting services.
Human Resources must test the configurations in‐house prior to implementing the arrears
settings, requiring department overtime. It is estimated that 100 hours of HR Department
project work are required to test the new configuration.
Payroll operational processing‐ It is unknown how many hours of savings may be identified by
this transition but savings are plausible.
The cost of providing employees with two weeks’ pay for this transition is approximately
(gross) pay of $1.9 million based upon current Payroll. This payment will not affect cash flow
for the City as the payout to the employees will not change for the fiscal year. However, a
3|Page
budget amendment will be done, if needed, in the Spring once we have better estimates of
our actual spending anticipated through June 30. The change to arrears will increase our
accrual at June 30, as there will be at least 2 weeks of pay that will be due, but not paid at
year end.
Gross pay estimate for arrears transition cost to City
Payroll cycle Base Wages* FICA Medicare Total Cost
Bi‐Weekly $1,362,898 $78,916 $18,456 $1,460,270
(75, 80, or 108 hours)
Water & Sewer $290,946 $16,884 $3,948 $311,778
(75 or 80 hours)
Weekly $118,776 $6,810 $1,592 $127,178
(80 hours)
*Represents two weeks regularly scheduled hours $1,899,226
Concurrences
City Manager Rob Lyons, City Attorney Craig Tindall, and IT Director Chris Lilly concur with this
recommendation.
Recommendation
It is recommended that City Council approve the transition to arrears payroll which provides for
Kronos to begin work on reconfiguration of arrears payroll on January 20, 2017 with an effective
transition date of no sooner than April 2, 2017; however, the effective date will be determined by the
progress made during configuration and testing portion of the project between Kronos and the City
Human Resources Department. This transition includes funding the cost of providing two weeks’
regular wages, and the matching of Social Security and Medicare taxes which is approximately $1.9
million (gross), for the eligible Full‐time City of Murfreesboro and Murfreesboro Water and Sewer
department employees who are currently paid on a “current” payroll cycle.
Attachments
Kronos‐ Work Order
Respectfully submitted,
Glen Godwin, SHRM‐SCP, IPMA‐SCP
4|Page
RESOLUTION 17-R-05 authorizing the adjustment of employee payroll
from a current payroll cycle to a two-week arrears payroll cycle.
WHEREAS, the City pays its employees on a current payroll cycle, which entails
paying employees for the immediate prior two weeks and such payroll cycle requires
substantial administrative expenses, increases the risk of errors, requires continual
payroll adjustments on later issued paychecks, and makes it difficult for employees to
monitor their pay; and,
WHEREAS, adjusting the method by which employees are paid to a two weeks in
arrears payroll cycle, which is widely recognized as best practice for virtually all public
and private employers of any size, will allow the City to better utilize modern payroll
software systems, substantially reduce administrative expenses, reduce the risk of errors,
and eliminate the need to frequently adjust paychecks to accommodate changes in work
schedules; and,
WHEREAS, in light of the significant benefits that a transition to payroll in arrears
provides to the City, the use of funds currently budgeted for salary payments is justified.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MURFREESBORO, TENNESSEE, AS FOLLOWS:
SECTION 1. That the City Manager implement as soon as practicable the
transition of the City employee payroll schedule for the payment of employees two weeks
in arrears and that employee policies and procedures be modified as necessary to reflect
this transition.
SECTION 2. That funds currently budgeted for salary be used to pay regular
wages during the transition period, consistent with any applicable legal requirements, for
those full-time employees engaged in continuing employment activities during the two
weeks immediately preceding the transition date and anticipated to continue thereafter.
SECTION 3. That this Resolution be effective immediately upon its passage and
adoption, the public welfare and the welfare of the City requiring it.
Passed:
Shane McFarland, Mayor
ATTEST: APPROVED AS TO FORM:
Melissa B. Wright Craig D. Tindall,
City Recorder City Attorney
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1/17/2017 1:47:11 PM #1
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