City Council

City of Murfreesboro City Council- Regular Session Thursday, December 1, 2022 at 6:00 pm City Council Chambers T E N N E S S E E 111 West Vine Street Murfreesboro, Tennessee MINUTES 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 6:05 p.m. on Thursday, December 1, 2022. The meeting began five minutes late due to the length of the Public Comment meeting. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Bill Shacklett Kirt Wade Shawn Wright City Representatives Present Craig Tindall, City Manager Sam Huddleston, Assistant City Manager Darren Gore, Assistant City Manager I Water Resources Director Adam Tucker, City Attorney Jennifer Brown, City Recorder/ Finance Director Jim Kerr, Transportation Director Scott Elliott, Project Development Manager Randolph Wilkerson, Employee Services Director Russell Gossett, Solid Waste Director Angela Jackson, Executive Director of Community Services Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order. Councilmember Madelyn Scales Harris commenced the meeting with a prayer followed by the Pledge of Allegiance. Consent Agenda There were no Consent Agenda items to be considered for this meeting. New Business 1. Professional Services Contract for Renovation of City Schools Ceilings. Scott Elliott, Project Development Manager, presented a Council Communication regarding a professional services contract for renovation of City school ceilings. A contract was presented and recommended by Mr. Elliott who requested Council approve a contract in the amount of $128,751 City Council Meeting Minutes December 1, 2022, 6:00 pm Page 1 of 8 to engage Johnson+ Bailey Architects P.C. to renovate the ceilings at Hobgood and Mitchell Nelson Elementary Schools. Mr. Maxwell made a motion to approve the professional services contract. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 2. Fountains at Gateway - Phase II. Craig Tindall, City Manager, presented a Council Communication regarding preparation for closing the conveyance of Phase 2A property to the Fountains at Gateway. Mr. Tindall requested Council approve the Pre-Closing Memorandum, Fourth Amendment to Agreement for Conveyance to Real Estate - Modification of Phase 2 Option, Mutual Cross-Access and Cross-Parking Agreement, and Lien to Secure Performance - Phase 2A with The Fountains at Gateway, LLC and authorize the Mayor and City Manager to sign on behalf of the City and close on the property. Mr. Wade made a motion to approve the property purchase. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 3. Appointment of the Committee on Contributions for the Board of Trustees of the Community Investment Trust. Craig Tindall, City Manager, presented a Council Communication from Mayor Shane McFarland regarding the appointment of the Committee on Contributions for the Board of Trustees of the Community Investment Trust. A recommendation to appoint five to nine members to the Committee on Contributions for the Board ofTrustees of the Community Investment Fund was presented to the Council. Candidates for appointment included: Gary Green, Wade Hays, Gabe Helms, John Hinkle, Lynn Lien, Lyle Lynch, Ronnie Martin, Claire Maxwell, Carl Montgomery, and Collier Andress Smith. Vice Mayor Shacklett questioned whether the number of committee members was required under the Trust Agreement, which is editable until signed, or under the Charter Amendment, which would require more procedural steps. Mayor McFarland, with consensus of the Council, moved this City Council Meeting Minutes December 1, 2022, 6:00 pm Page 2 of 8 item for further discussion to be considered after item #11 on the Agenda while City Attorney Adam Tucker reviewed the Charter and By-Laws on this issue. 4. Wellness Service Agreement. Randolph Wilkerson, Employee Services Director, presented a Council Communication regarding an agreement with healthcare organization, WellSpark Health, Inc., for wellness reward services for the City's benefits plan for 2023. Mr. Wilkerson stated that the agreement with WellSpark Health, Inc. would provide health education and lifestyle skills to increase employee health and reduce medical claims and requested Council enter into an agreement with Well Spark Health, Inc. to provide wellness reward services for City employees for the next three years. Mr. Maxwell made a motion to approve the agreement. Mr. Wade seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 5. Stop Loss Insurance Agreement. Randolph Wilkerson, Employee Services Director, presented a Council Communication regarding Self-funded Insurance Fund Stop Loss Coverage. Mr. Wilkerson requested Council approved the agreement with BlueRe of Tennessee for Stop Loss Insurance. Ms. Scales Harris made a motion to approve the agreement with Blue Re of Tennessee for the purchase of Stop-loss Insurance. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 6. Use of Competitive Sealed Proposals for Banking Services for the City of Murfreesboro. Jennifer Brown, City Recorder/ Finance Director, presented a Council Communication prepared by Purchasing Director Cathy Smith regarding Use of Request for Competitive Sealed Proposals (RFCSP) for Banking Services. Ms. Brown discussed the benefits of and requested Council approve an RFCSP process for procurement of banking services for the City. City Council Meeting Minutes December 1, 2022, 6:00 pm Page 3 of 8  Mr. Wade made a motion to approve an RFCSP process for procurement of banking services for the City. Ms. Averwater seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 7. Transportation Investment Report - Lascassas Highway Widening. Jim Kerr, Transportation Director, presented a Council Communication regarding a contract for Transportation Investment Report (TIR) for the proposed widening of Lascassas Highway. Mr. Kerr requested Council approve the contract with The Corrandino Group, Inc. in the amount of $98,200, subject to legal department final review. Ms. Scales Harris made a motion to approve the contract, subject to legal departmet review. Ms. Averwater seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 8. Transportation Investment Report -Old Fort Pkwy Widening. Jim Kerr, Transportation Director, presented a Council Communication regarding a contract for Transportation Investment Report (TIR) for the proposed widening of Old Fort Parkway Widening. Mr. Kerr requested Council approve the contract with Kimley-Horn in the amount of $129,400, subject to Legal Department final review. Mr. Kerr explained that different vendors were being engaged for this work to be able to get the projects on Lascassas and Old Fort Parkway done quickly. Vice Mayor Shacklett made a motion to approve the contract, subject to legal review. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Mayor McFarland requested a review of the Highway 99 corridor project and an update on progress in Phase II and the future of Phase Ill and IV. He also requested a presentation at the next Council Meeting on timelines for various transportation projects in the City. City Council Meeting Minutes December 1, 2022, 6:00 pm Page 4 of 8  9. Rollins Contract for Brush and Limb Collection. Russell Gossett, Solid Waste Director, presented a Council Communication and requested Council approve a contract with Rollins Excavating Co., LLC dba REC PRO for brush and limb collection in the amount of $1,456,800 on a calendar year basis. Mr. Maxwell made a motion to approve the contract with Rollins Excavating Co., LLC dba REC PRO. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 10. Salem Barfield Sewer Improvements Award of Contract. Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication regarding a construction contract for Salem/ Barfield Sewer Improvements allowing new sanitary sewer connections along the New Salem Highway corridor. Mr. Gore requested Council approve the award and standard construction contract with Cleary Construction, subject to legal department final review. Ms. Scales Harris made a motion to approve the contract, subject to legal department review. Ms. Averwater seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Manager Craig Tindall was called away from the meeting at this time. Assistant City Manager Sam Huddleston took his place for the remainder of the meeting. 11. Solid Waste Management WastAway Project Agreement. Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication regarding the Solid Waste Management WastAway Project Agreement. Mr. Gore requested Council approve the project agreement with WastAway, LLC, committing to the planning and design of a qualified biogas property (QBP) to be built at 2120 Butler Drive and which necessarily incorporates a Materials Management Station (MMS) to be constructed in anticipation of Middle Point Landfill's closure by 2025. Ms. Scales Harris made a motion to approve the Project Agreement with WastAway, LLC. Ms. Averwater seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland City Council Meeting Minutes December 1 , 2022, 6:00 pm Page 5 of 8  Nay: None 3. Appointment of the Committee on Contributions for the Board of Trustees of the Community Investment Trust. Agenda Item 3 was reintroduced by Mayor Shane McFarland. City Attorney Adam Tucker clarified that the Charter Amendment does not set the number of committee members, only the existence of the committee. Mr. Tucker also clarified that the number of members could be decided at this meeting, and the Trust Agreement would be adjusted to reflect that later. Council discussed the number of people to appoint to the committee and which of the ten recommended applicants should be selected to serve. Ms. Averwater made a motion to set the size of the committee to seven (7) members. Mr. Wade seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Kirt Wade, Shawn Wright, Shane McFarland Nay: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett There was discussion on whether applicants would be selected at this time or could be selected at the next meeting. Mr. Tucker advised that a motion to defer would be appropriate. Ms. Scales Harris made a motion to defer selection of committee members until the next City Council meeting. Ms. Averwater seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments 12. Parks and Recreation Commission. Mayor McFarland presented a Council Communication and letter regarding appointment of Parks and Recreation Commission members. Mr. Kent Syler was recommended to fill the vacancy left by Mr. Charles Apigian (term expiring June 30, 2024) and Mr. Charlie Montgomery was recommended to fill the vacancy left by Mr. Ricky R. Turner (term expiring June 30, 2023). Mayor McFarland confirmed with Angela Jackson, Greenway Committee has not met in a sometime and instead Parks and Recreation has taken action regarding the Greenway. Mayor McFarland indicated that Kent Syler will be a valuable member of the Commission and additionally has been helpful in expanding the Greenway Trail System. City Council Meeting Minutes December 1, 2022, 6:00 pm Page 6 of8  Mr. Wright made a motion to approve the appointments. Mr. Wade seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Licensing Regular and Special Event Beer Permits. Jennifer Brown, City Recorder/ Finance Director, presented a Council Communication regarding Beer Permits. A Beer Permit for Cedar Glade Brews (new catering) at 906 Ridgely Road and a Special Event Permit for VFW Stones River Post 12206 at 1660 Middle TN Boulevard, Suite B, pending successful completion of building codes and inspections, were presented for approval. Applicants met requirements for the permits and were recommended for approval pending final building and codes inspections for the regular beer permits and special event permit issuance for the special event beer permits. Mr. Wright made a motion to approve the permits. Ms. Averwater seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Payment of Statements No payment of statements was presented. Other Business Mr. Huddleston announced there would be a Council meeting on December 8, 2022 with public hearings and a workshop on December 14, 2022. Condolences were extended to City staff whose loved ones passed away recently. Mr. Shacklett reminded everyone that the Christmas tree lighting event downtown would be later in the evening. Mayor McFarland requested that the City Attorney review options for the Council to respond to the issues brought up during the Public Comments in November and December. Mr. Tucker committed to research with staff on what steps needed to be taken. Mr. Wright made an announcement regarding the drive through Christmas lights at Cannonsburgh Village. City Council Meeting Minutes December 1, 2022, 6:00 pm Page 7of8 Adjourn There being no further business, Mayor McFarland adjourned the meeting at 7:08 p.m . SHANE MCFARLAND MAYOR ATTEST: E CKER "-----=- CITY RECORDER APPROVED svcouNclL: Dc\-o\::e,~, ~~i City Council Meeting Minutes December 1, 2022, 6:00 pm Page 8 of 8