City Council

MURFREESBORO CITY COUNCIL AGENDA February 9, 2017 7:00 p.m. Council Chambers PRAYER MR. KIRT WADE PLEDGE OF ALLEGIANCE CEREMONIAL ITEMS Consent Agenda 1. A. Consider recommendations of the Community Development Director: Use of funds through the Housing Rehabilitation Program for property located at 602 East Vine Street. B. Consider recommendations of the Community Development Grant Coordinator: Use of funds through the Affordable Housing Assistance Program for property located at 4315 Sunday Silence Way. C. Consider recommendations of the Parks & Recreation Director: a. Cultural Arts Laureate Program. b. Athletic Program Fees. D. Consider recommendations of the Chief of Police: Payment of Annual Prisoner Processing Agreement with R.C.S.O. E. Consider recommendations of the Planning Director: Purchase of New Office Furniture for Planning & Engineering Department. F. Consider recommendations of the City Recorder/Finance Director: a. Acknowledgement of Receipt of City Manager’s approved Budget Amendments for Fiscal Year 2017. b. Annual Audit Contract from Jobe, Hastings & Associates for Fiscal Year Ended June 30, 2017. First Readings 2. A. Letter from Assistant City Attorney: ORDINANCE 17-O-04 amending Chapter 25-Schools, Section 25-2, regarding revision to Board Chair Compensation. B. Consider for passage on first reading ORDINANCE 17-O-04: Amend City Code, Chapter 25-Schools, Section 25-2, regarding compensation of School Board Members. 3. A. Letter from City Recorder/Finance Director: ORDINANCE 17-O-05 amending 2016-2017 Budget (3rd amendment). B. Consider for passage on first reading ORDINANCE 17-O-05: Amend the 2016-2017 Budget (3rd amendment). New Business 4. Consider for approval a renewal of Certificate of Compliance for Retail Liquor Store for George Hanna at Stop-N-Shop Discount liquor & Wine, 490 St. Andrew’s Drive, Suite #102. 5. Consider for approval a renewal of Certificate of Compliance for Steven A. Tambornini at MacGregor’s Wines & Liquors, 902 Memorial Boulevard. 6. Consider recommendations of the Chief of Police: A. Personnel Allocation Increase for Communications Manager. B. Personnel Allocation Increase for Finance Manager. 7. Consider recommendations of the Assistant City Attorney: Second Amendment to Agreement with Rucker Donnell Foundation regarding SW Loop Road (now known as “Veterans Parkway”). 8. Consider recommendations of the Water & Sewer Director: Restructuring Proposal at the Water & Sewer Department’s Operations and Maintenance (O&M) Division. 9. Consider recommendations of the Human Resources Director: Request for Total Compensation Study. Beer Permits Board & Commission Appointments Payment of Statements Other Business from Staff or City Council Adjourn  . . . creating a better quality of life CONSENT AGENDA February 9, 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 – 602 East Vine Street Background The homeowners at the subject address have applied for and are eligible for assistance through the City’s Housing Rehabilitation Program. Notice of the January 24, 2017, walkthrough was sent to six contractors. Two contractors attended the Contractor Walkthrough. Two bids were received and opened on January 31, 2017. Bowen Glass & Construction $35,080.00 J.B. Cripps and Son $31,557.00 Because of the nature of the project, staff recommends waiving the $25,000 project cap set in the Housing Rehabilitation Program Policies and Procedures. One of the homeowners is disabled and has limited mobility. The major portion of this project involves converting two small bathrooms into a full bath and a half-bath. The full bath has been designed to be as ADA-compliant as feasible given existing space constraints. Fiscal Impact The Community Development Budget as amended allocates $298,332 for housing rehab projects. Accepting the low bid of $31,557.00 from would leave a balance of approximately $126,400 available and uncommitted. Concurrences The homeowners have accepted the low bid and met with the contractor February 6, 2017, to sign the contract. Recommendation Staff recommends waiving the $25,000 project cap, 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 . . . creating a better quality of life February 9, 2017 Honorable Mayor and Members of City Council: RE: I. Cultural Arts Laureate Program II. Athletic Program Fees As items for the Consent Agenda, it is recommended that City Council approve a Cultural Arts Laureate Program and Athletic Program Fees. Item I. – Cultural Arts Laureate Program Background Cultural Arts Murfreesboro, programming section of Murfreesboro Parks & Recreation, seeks to begin the new arts initiative, Cultural Arts Laureate Program. Inspired by cities like Knoxville, TN, Raleigh, NC, Tampa, FL, Portland, OR, and many other cities that have successful Laureate Programs, MPRD will launch the Cultural Arts Laureate Program for Murfreesboro in 2017. Laureate Programs honor established and accomplished local artists while giving them the opportunity to educate and engage the community in their field of expertise. The Cultural Arts Laureate Program will appoint three Laureates- a Poet Laureate, a Painter Laureate, and a Photographer Laureate. They will serve as the City’s selected Laureate for a one-year term, and during that time will complete new work inspired by Murfreesboro, will exhibit their craft at city events, and will complete a number of community outreach arts-related projects that will target nontraditional and/or underserved audiences. To be considered for the Laureate Program candidates must live in Murfreesboro, must fill out a program application, and must agree to the responsibilities of their specified Laureate. The goals of beginning the Cultural Arts Laureate Program are to give experienced individual artists an opportunity to share their talents with their community, to give youth citizens and new artists role models within their own community, and to encourage and nurture a growing arts culture in Murfreesboro. The desired outcomes of this initiative are that each year the selected Laureates will use their craft to make impacts on their community that they will find rewarding and can continue to give time to after their term, that this program will encourage artists to set goals within their own community, and that the community will be served by the arts, and lives will be enriched by the work the Laureates accomplish. Consent Agenda Page Two February 9, 2017 Fiscal Impact Nominations will take place online through the Cultural Arts Murfreesboro Submittal site and a monetary prize of $500 will be given to each winner, taken out of the Cultural Arts budget already in place. Concurrence The Murfreesboro Parks and Recreation Commission unanimously approved the Cultural Arts Laureate Program at its February 1, 2017, meeting. Recommendation I respectfully request Council’s approval of the Cultural Arts Laureate Program and its associated monetary prizes to each laureate winner. Item II. – Athletic Program Fees Background Over the past six months the Athletics Division has been analyzing fee structures for programs to ensure financial viability and effective cost recovery. Increased workforce demands and supply costs have led to the need to increase fees for the following programs: youth basketball, youth volleyball, and youth football. Fiscal Impact Current Fee Proposed Fee Youth Basketball $50.00 $75.00 (includes $10.00 activity fee) Youth Volleyball $50.00 $60.00 (includes $10.00 activity fee) Youth Football $70.00 $80.00 (Includes $10.00 activity fee) Concurrence The proposed new fees for Youth Basketball, Youth Volleyball, and Youth Football were unanimously approved by the Murfreesboro Parks and Recreation Commission at its February 1, 2017, meeting. Recommendation Staff recommends that the Murfreesboro Parks and Recreation Commission approve the specified fee increases for youth basketball, youth volleyball, and youth football. Respectfully, Angela Jackson, CPRP Director  . . . creating a better quality of life January 30, 2017 REGULAR AGENDA HONORABLE MAYOR AND MEMBERS OF MURFREESBORO CITY COUNCIL RE: 17-O-04 - Revision to Board Chair Compensation As an item for the regular agenda, the attached revision to Murfreesboro City Code Section 25-2 is being presented at the request of the Murfreesboro City School Board. Background During the Budget Meetings, Board Member Nancy Phillips suggested that the Board Chair receive an additional fifty dollars ($50.00) in compensation per month due to the extent of extra hours the Board Chair must spend fulfilling the Chair’s duties and responsibilities. At the time of the recommendation, MCC 25-2 set forth that all board members were compensated at a rate of two hundred dollars ($200.00) for attendance at the first meeting of the month and one hundred dollars ($100.00) for attendance at the second meeting of the month with the monthly compensation not to exceed three hundred dollars ($300.00) per month. On May 10, 2016, the Murfreesboro City School Board voted to recommend to Council an ordinance providing an additional $50 in compensation to the Board Chair each month. On November 3, 2016, the Council passed on second reading a revision to Murfreesboro City Code 25-2 to compensate the Board Chair an additional fifty dollars ($50.00) only for attendance at the second school board meeting of a month. The intent of the Murfreesboro School Board was that the Board Chair receive an additional fifty dollars ($50.00) per month regardless of how many meetings are held during the month. Attached please find an ordinance correcting the language previously presented to Council thereby providing an additional fifty dollars ($50.00) in compensation to the Board Chair per month regardless of how many meetings are held per month as was intended by the Murfreesboro City School Board. Fiscal Impact If passed, the additional compensation would begin July 1, 2016, and result in the expenditure of an additional six hundred ($600.00) per fiscal year in line item 72310-191 of the Murfreesboro City School Board 2016-2017 Budget. Action Required In order for this revision to take place, the City Council must adopt the revision to the City Code. Legal Department 111 W. Vine St. * PO Box 1044 * Murfreesboro, Tennessee 37133-1044 Phone 615 849 2616 * Fax 615 849 2662 * TDD 615 849 2689 www.murfreesborotn.gov Attachments 1. Ordinance 17-O-04 2. Ordinance 16-O-43 3. Current MCC 25-2 4. Tracked Revision to MCC 25-2 5. May 10, 2016 MCSB Agenda Item & Minutes Sincerely, Kelley Blevins Baker Assistant City Attorney Legal Department 111 W. Vine St. * PO Box 1044 * Murfreesboro, Tennessee 37133-1044 Phone 615 849 2616 * Fax 615 849 2662 * TDD 615 849 2689 www.murfreesborotn.gov Murfreesboro, TN Code of Ordinances about:blank 1 of 1 1/30/2017 12:22 PM  TRACKED MCC 25-2 PER 17-O-04 Section 25-2 - Qualifications of members; compensation. The members of the Murfreesboro City School Board shall be qualified voters of the City, who shall have been residents in the City for at least one year prior to election and who shall be at least 25 years of age at the time of such election. Members of the Board shall be compensated two hundred dollars ($200.00) for attendance at the first meeting of the month and one hundred dollars ($100.00) for attendance at the second meeting of the month. The Board Chair shall receive an additional fifty ($50.00) per month. The monthly compensation for the Board Chair shall not exceed three hundred and fifty dollars ($350.00) per month and the monthly compensation for the other board members shall not exceed three hundred dollars ($300) per month.Members of the Board shall be compensated $200.00 for attendance at the first meeting of the month. For attendance at the second meeting of the month, member of the Board shall receive $100.00 except that the Board Chair shall receive $150.00. The monthly compensation for the Board Chair shall not to exceed $350.00 per month and the monthly compensation for the other board members shall not to exceed $300.00 per month. (Ord. of 06-27-46 § 1; Code 1949, Ch. 21 § 5; Ord. No. 00-O-02 § 1, 03-30-00; Ord. No.00-O-64 §§ 1, 2, 09-28-00; Ord. No. 13-O-31 § 1, 07-25-13; Ord. No. 14-O-54 § 1, 12-04-14; Ord. No. 16-O-43, § 1, 11-3-16)  ORDINANCE 17-O-04 amending the Murfreesboro City Code, Chapter 25—Schools, Section 25-2 regarding compensation of School Board Members. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 25-2 of the Murfreesboro City Code is hereby amended by deleting the last three sentences and substituting in lieu thereof the following sentences: “Members of the Board shall be compensated two hundred dollars ($200.00) for attendance at the first meeting of the month and one hundred dollars ($100.00) for attendance at the second meeting of the month. The Board Chair shall receive an additional fifty ($50.00) per month. The monthly compensation for the Board Chair shall not exceed three hundred and fifty dollars ($350.00) per month and the monthly compensation for the other board members shall not exceed three hundred dollars ($300) per month.” SECTION 2. 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 Tindall City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2017\04 - 17-o-04.doc 1/30/2017 10:55:51 AM #1  ORDINANCE 17-O-05 amending the 2016-2017 Budget (3rd amendment). WHEREAS, the City Council adopted the 2016-2017 Budget by motion; and, WHEREAS, the City Council adopted an appropriations ordinance, Ordinance 16- O-24, on June 23, 2016 to implement the 2016-2017 Budget; and, WHEREAS, it is now desirable and appropriate to adjust and modify the 2016- 2017 Budget by this Ordinance to incorporate expenditure decisions made during the 2016-2017 fiscal year. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The 2016-2017 Budget adopted by the City Council is hereby revised and amended as shown on Exhibit A, attached hereto. SECTION 2. That this Ordinance take effect immediately upon and after its passage upon second and final reading, as an emergency Ordinance, an emergency existing, and it being imperative to provide for the necessary expenses, general and special, of said City of Murfreesboro for the Fiscal Year 2016-2017 at the earliest practicable time, 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 mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2017\05 - 17-o-05 -3rd budget amendment.doc 2/2/2017 10:34:14 AM #1 Exhibit A Page 1 BUDGET AMENDMENT AS PASSED OR AMENDED INCREASE Department Account PREV AMENDED BUDGET (DECREASE) General Fund Revenues Revenues Senior Center Other Grant Revenues $ 50,000.00 $ 58,000.00 $ 8,000.00 Expenditures Expenditures Senior Center Fixed Asset - Other Machinery and Equipment $ 15,000.00 $ 23,000.00 $ 8,000.00 Police Department Fixed Asset - Transportation Equipment $ - $ 1,375,000.00 $ 1,375,000.00 Other Operating Expenses Unforeseen Contingencies $ 105,100.00 $ 1,105,100.00 $ 1,000,000.00 $ 2,383,000.00 CHANGE IN FUND BALANCE (CASH) CHANGE IN FUND BALANCE (CASH) $ (3,392,805.00) $ (5,767,805.00) (2,375,000.00) City of Murfreesboro Request for Certificate of Compliance for Retail Liquor Store Summary of information from the application: Owners/Partners/Stockholders/Officers: Name George Hanna Age 37 Home Address 1623 Fairhaven Lane Residency City/State Murfreesboro, TN Race/Sex W/M 10 Year Background Check Findings: City of Murfreesboro: 4/15/2015 Speeding 50/40 Appearance Bond Pd Rutherford County: None Nashville Criminal Court: None Name of Business Stop-N-Shop Discount Liquor & Wine Business Location 490 St.Andrew's Dr., Suite #102 Type of Application: New Location Ownership Change Name Change Renewal X Corporation Partnership Sole Proprietor X Application Completed Properly? Yes The actual application is available in the office of the City Recorder. City of Murfreesboro Request for Certificate of Compliance for Retail Liquor Store Summary of information from the application: Owners/Partners/Stockholders/Officers: Name Steven A. Tambornini Age 61 Home Address 1507 N. Tennessee Blvd. Residency City/State Murfreesboro, TN Race/Sex W/M 10 Year Background Check Findings: City of Murfreesboro: None Rutherford County: None Nashville/Davidson County: None Name of Business MacGregor's Wines & Liquors Business Location 902 Memorial Blvd. Type of Application: New Location Ownership Change Name Change Renewal X Corporation Partnership Sole Proprietor X Application Completed Properly? Yes The actual application is available in the office of the City Recorder.  …creating a better quality of life. REGULAR AGENDA February 9, 2017 Honorable Mayor and Members of the City Council: RE: Water and Sewer Department Operations Manager Replacement Operations and Maintenance (O&M) Restructuring Proposal SUMMARY This memo is a proposal for restructuring the management at the Water and Sewer Department’s Operations and Maintenance (O&M) division. The recommendation involves a restructuring of the management and reporting hierarchy at O&M. I believe that two (2) positions are ideally suited to manage this large division; a Water Distribution Operations Manager and Wastewater Collection Operations Manager. I make this recommendation under the following rationale:  The segregation of duties between the distribution and collection system are very defined.  The system and personnel at O&M has grown to the extent that two (2) positions are justified.  The reorganization facilitates a more effective path to proper succession planning.  The restructuring to two (2) managers within the division allows for a more efficient reporting structure to the Operations Officer (Asst. Director) and Director. BACKGROUND The Department had a 30-yr Operations Manager (Mr. Terry Taylor) retire at the end of August 2016. Since that time, the two (2) Asst. Directors have been managing the O&M division. The O&M division has sixty-seven (67) full-time employees, or 40% of MWSD’s total staff, working at the S. Church St. facility. The O&M division can be broken down into the following subdivisions: 1) Administration, 7 2) Distribution System Service Order Maintenance, 17 3) Collection System Service Order Maintenance, 9 4) Heavy Construction Crew, 12 5) Collection System Preventive Maintenance, 9 (CCTV crews, Vac Trucks) 6) Stormwater Preventive Maintenance, 3 (Vac Trucks) 7) Advanced Metering Infrastructure & Leak Detection, 10 The Department’s water distribution system encompasses 35.54 square miles, 441.45 miles of water main and serves 26,696 customers. The Department’s sewer collection system encompasses the City limits, Water and Sewer Department 300 NW Broad Street· PO Box 1477 · Murfreesboro, TN 37133-1477· Phone (615) 890-0862 · Fax (615) 896-4259 www.murfreesborotn.gov Operations Manager Replacement Page 2 of 3 Operations and Maintenance (O&M) Restructuring Proposal which is 58.4 square miles plus additional area in the urban growth boundary outside the City limits. The sewer system has 641.2 miles of pipe and serves 43,249 customers. The Water Distribution Manager and Wastewater Collection Manager is warranted based on the size of the system (e.g., asset management) and the number of employees each manager is responsible for (e.g., employee development) as well as the number of proactive enterprise level programs undertaken within the O&M division (e.g., new construction, rehabilitation, flow monitoring, advanced metering infrastructure, leak detection, pump station maintenance, CCTV, jet washing and vacuuming, etc.) RECOMMENDATION The organizational structures below show the proposed recommendation from the current “As-Is” to the proposed “To-Be”. Please note that the proposed organizational structure does not add any new employees. I have worked with the Human Resources Department in developing a Job Assessment Questionnaire (JAQ) that defines the roles and responsibilities of the two (2) new proposed positions. They have placed both job classes into pay grade 122. This is one pay grade below the Operations Manager in the current “As-Is” organizational structure. As part of the reorganization, I would also recommend eliminating the position of Line Construction Coordinator and reestablish that position as an Assistant Operations Manager. The overall restructuring would still afford a vacant Asst. Operations Manager, which in effect is the replacement for Mr. Terry Taylor’s vacated position. The following table identifies the activity/task that is defined as discretionary and affords independent action by the Distribution and Collection Operations Manager and those activities that are expected to be collaborated with the Operations Officer (Asst Director) and Director: Operations Manager Replacement Page 3 of 3 Operations and Maintenance (O&M) Restructuring Proposal Activity / Task Distribution & Operations Officer Director Collection Mngr Asst. Director Daily Work Assignments of O&M Crews x New Employee Selection Hiring and Probationary x Evaluations Reactive or Emergency Maintenance Activities x Proactive System Maintenance Activities x New Construction Crew Activities x Coordination w/ Development Contractors x Typ. Personnel and Customer Service Issues x Development of Purchasing Requisitions x Managing Operating Budget Accts. / Work Orders x Development of New Construction Plans x x Compliance Audits, SSO/NOV Reporting x x Coordination with City Eng / Traffic x x Coordinating Asset Rehab/Replacement Strategy x x Coordinating New Taps in Roadway Projects x x Coordinating New Development Taps x x Annual Budgeting Capital & Operating Expenses x x x Asst. Ops Manager Selection & Hiring x x x Purchasing Approvals x x Escalated Personnel Issues x x Escalated Customer Service Issues x x FISCAL IMPACT The fiscal impact to the Department would be a decrease in the annual payroll. Terry Taylors retirement is a deduct of $92,838. I estimate the increase to the Department’s payroll to be approximately $68,000 when you take into account the raises associated with the promotions to the Distribution System Ops Manager, the Collection Systems Ops Manager, two (2) Asst Operations Managers, as well as the cascading promotion affects that rolls down to a new entry level position vacancy. The net result would be about a $25,000 decrease in MWSD’s payroll budget for FY18. Respectfully submitted, Darren W. Gore Director “creating a better quality of life” GLEN GODWIN, SHRM-SCP, IPMA-SCP 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 DATE: February 9, 2017 HONORABLE MAYOR SHANE MCFARLAND AND MEMBERS OF THE MURFREESBORO CITY COUNCIL RE: Request for Total Compensation Study BACKGROUND: As an item for the regular agenda City Council requested that a market analysis be conducted for the Public Safety and Unified Pay plan salary ranges during the City Council retreat. Human Resources has been asked to recommend a consulting firm to conduct a market study of salaries for the original benchmarked positions with the peer and competitor organizations identified in the 2015 classification and compensation study. City Council approved the Human Resources Director’s recommendation to conduct a market analysis by Gallagher Benefit Services, Inc. (formerly Fox Lawson Associates) at its December 15, 2016 meeting on the regular agenda for a fee not to exceed $25,000. This approval is referred to as “Project Assignment 1”; see Attachment “A”. City Council requested additional services in the form a Total Compensation Study in conjunction with its request for a market analysis. Proposed Scope of Services Gallagher Benefit Services, Inc. is proposing an additional phase to their study to initiate the project, conduct analysis and finalize the project information. A summary of tasks/deliverables proposed by Gallagher Benefit Services, Inc. is included as “Project Assignment 2” and referred to as Attachment “B”. FISCAL IMPACT: Gallagher Benefit Services, Inc. estimates the requested work will be accomplished in a fee not to exceed $20,000 for the Total Compensation Study “Project Assignment 2”. CONCURRENCES: The City Manager concurs with this recommendation. RECOMMENDATION: I recommend that City Council approve attached Project Assignment 2 from Gallagher Benefit Services, Inc. to conduct a Total Compensation study for all positions and classifications for a fee not to exceed $20,000. Respectfully submitted, Glen Godwin, SHRM-SCP, IPMA-SCP ATTACHMENTS: Attachment “A” Fox Lawson Group, Agreement for professional services, project assignment #1 Attachment “B” Fox Lawson Group, Agreement for professional services, project assignment #2