City Council

City of Murfreesboro City Council- Workshop Regular Session Thursday, July 11, 2024 at 11 :30 am T E N N E S S E E Municipal Airport Business Center 1930 Memorial Boulevard Murfreesboro, Tennessee MINUTES The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in regular session at its workshop meeting place at the Municipal Airport Business Center at 11 :30 a.m. on Thursday, July 11, 2024. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Bill Shacklett Kirt Wade Shawn Wright City Representatives Present Darren Gore, City Manager Adam Tucker, City Attorney Erin Tucker, Budget Director/ Acting City Recorder Lesley Jernigan, Assistant Finance Director Scott Elliott, Manager of Project Development Valerie Smith, Interim Water Resources Director Roman Hankins, Deputy City Attorney Henry McKee, Contracts Manager Prayer and Pledge of Allegiance Mayor McFarland commenced the meeting with a prayer followed by the Pledge of Allegiance. General Announcements Mayor McFarland announced that at the last workshop meeting, Council had voted for regular workshop meetings at the municipal airport business center would be televised. He explained that starting today those meetings would be televised and thanked production team for their help. Public Comment on Actionable Agenda Items Mayor McFarland inquired of Budget Director Erin Tucker about the presence of any registered speakers for public comment on actionable agenda items. Ms. Tucker stated there were no individuals registered to speak on any actionable agenda items. City Council Meeting Minutes July 11, 2024, 11: 30 am Page 1 of 6 Action Items 1. Reeves Rogers Administration Addition Construction Contract. Manager of Project Development Scott Elliot presented a Council Communication and documents regarding Reeves Rogers Administration Addition Construction Contract and requested Council approve the contract with Romach, Inc. in the amount of $2,795,800 and approve reallocation of County Shared Bond CIP proceeds. He stated this action would increase school security by creating a more controlled access entry point to the campus. Mr. Maxwell made a motion to approve the contract. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Bill Shacklett stated he was glad the vote went the way it did. He announced that tomorrow at 11 :30 am, there is a ribbon cutting on Greenland Drive at Reeves Rogers and everyone is invited. He stated it has been a long time coming, so everybody can celebrate. 2. HVAC/ Roof/ Window Replacement Contract from 316 Robert Rose Drive. Interim Water Resources Director Valerie Smith presented a Council Communication and documents regarding HVAC/ Roof/ Window Replacement Contract for the new Water Resources Administration Building located at 316 Robert Rose Drive. Ms. Smith requested Council approve the construction contract with Stacker Building Group (SBG), including alternate 1 and deductive alternate 1, subject to Legal Department approval. She recommended the expense of $728,089 come from MWRD's working capital reserves and stated the expense includes a 10% owner's contingency. Shawn Wright had a process question about why inspections were not done before the property was purchased wherein the ¾ of a million dollars' worth of repairs could have been negotiated into the price. City Manager Darren Gore stated they knew the roof and AC unit needed to be replaced, but the cost was more than originally expected. The windows were an unexpected expense and a deeper-dive inspection into the windows should have been done. He stated this will not happen again. In the future, there will be a preliminary phase walk-through and they will have a professional do a deeper inspection of the facility. Mayor McFarland stated that it is a lot of money but is still much cheaper than building new right now and there would be an additional challenge of even finding land. City Council Meeting Minutes July 11, 2024, 11:30 am Page 2 of 6  Ms. Scales Harris made a motion to approve the contract. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 3. Salem Hwy Phase 3 - Sewer Easement Offers. Interim Water Resources Director Valerie Smith presented a Council Communication and documents regarding Salem Hwy (SR99) Phase 3 -Sewer Easement Offers. Ms. Smith requested Council approve the cost of the easements, estimated at $32,400, with up to a 10% administrative settlement or, should negotiations fail to reach a timely settlement, authorize legal to proceed with condemnation of the easements. Ms. Averwater made a motion to approve the cost of the easements and to proceed with condemnation. Ms. Scales Harris seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Workshop Items 4. Retail Liquor Store Certificate of Compliance Annual Report. Budget Director Erin Tucker presented a Council Communication as information only regarding an annual report presented pursuant to City Code Chapter 4-1 0(D) regarding Certificates of Compliance for Retail Liquor Stores as of July 1, 2024. As of July 1, 2024, the City's estimate population was 165,430 and there were 26 licensed retail liquor stores, 33 total Certificates of Compliance, 32 total Certificates of Compliance issued and one Certificate of Compliance available. The City Recorder will begin accepting applications for the additional open Certificate of Compliance on August 1, 2024. No vote was needed. Austin Maxwell asked about previously tabled workshop discussion about going to a lottery system for open Certificates of Compliance to prevent a "run" on available certificates. Deputy City Attorney Roman Hankins was acknowledged and stated the topic has been discussed at several workshops. Mr. Hankins and City Attorney Adam Tucker discussed possible ideas the Council may be interested in going forward. Due to time constraints, Mr. Hankins recommended any revisions be City Council Meeting Minutes July 11, 2024, 11:30 am Page 3 of 6 made the following year. Council discussed the fairness of a Certificate of Compliance issuance moratorium and requested legal and finance personnel research data and provide additional information at a future Council workshop or meeting regarding the process, modifying the ratio of liquor stores to population and options to revise the process to be fair. 5. Public Records Request Annual Report. Budget Director Erin Tucker presented a Council Communication regarding an annual report of Public Records Requests for Fiscal Year 2024 pursuant to Resolution 21-R-27. There were 1742 public records requests in Fiscal Year 2024. This information was provided to Council as notification only and no vote was necessary. 6. FY24 City Manager Approved Budget Amendments. Budget Director Erin Tucker presented a Council Communication and documents regarding FY24 City Manager (Craig Tindall) approved budget amendments to general government, facilities maintenance, golf, streets, planning, and planning budgets. This notification was provided to Council pursuant to Ordinance 15-0-48 and will have no effect on fund balance. This information was provided to Council as notification only and no vote was necessary. 7. CIP Transfers. Budget Director Erin Tucker presented a Council Communication and documents regarding notification of CIP transfers. Transfers include transfer of CIP Funds between the Bond Fund and General Fund for Skate Park, Barfield Crescent Park Exp, Town Creek, Cherry Lane 2, Bridge Ave and Kings Hwy lmprov. This information was provided to Council as notification only and no vote was necessary. To assist with administrative handling of completing Council-approved projects, Ms. Tucker addressed the method to "clean-up" bills at the end of a project. Ms. Tucker asked Council to consider setting a threshold dollar amount of $50,000 and above returning to Council for a specific vote and under $50,000 being approved by the City Manager and then provided to Council as information. Mayor McFarland asked if everyone was okay with that and all agreed, no one dissented. 8. May 2024 Dashboard. Budget Director Erin Tucker presented a Council Communication and documents regarding May 2024 Dashboard. This information was provided to Council as notification only and no vote was necessary. Board and Commission Appointments 9. Historic Zoning Commission. Mayor Shane McFarland presented a Council Communication and letter regarding appointment of Historic Zoning Commission members. City Council Meeting Minutes July 11, 2024, 11: 30 am Page 4 of 6 Michael J. Panesi was recommended to replace the vacancy of Marimae White with a term expiration of June 30, 2025. Vice Mayor Shacklett made a motion to approve the appointments. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Licensing. No beer permits or special event beer permits were presented. Payment of Statements. No payment of statements was presented. Other Business. City Ethics Policy. City Attorney Adam Tucker presented information regarding revision of the City Ethics Policy to 1) bring information to one location in the City Code instead of multiple places throughout the Employee Handbook, 2) provide clarity and specificity to allow officials and employees to better understand policy and clarity for those advising (City Attorney) on interpretation of the policy and 3) address notable weakness in City's existing policies regarding a well-defined procedure for investigating ethics complaints or making a complaint against City officials. Mr. Tucker researched current policies and sources including Metro Nashville, Franklin, Clarksville, Knoxville and MTAS Model Code of Ethics. Mr. Tucker recommended establishing an Ethics Commission and discussed other ethics issues he suggested be included in a revised City Ethics Policy. Extended discussion ensued between Council and Mr. Tucker regarding specific ethical issues and policy. General Announcements. Mr. Wright stated he has received phone calls from four Rutherford County School Board members regarding fees the City charges to do things on school property that may be a hinderance in having projects start at different schools. After speaking to Mr. Gore, he understands these fees are being charged to Murfreesboro City Schools too. Mr. Wright requested Council consider discussion about fees structure for schools. Ms. Scales Harris extended Council condolences to Austin Maxwell on the passing of his mother. Mr. Maxwell thanked her. Council Members discussed the improvements of Shawn Wright's wife and Mr. Wright expressed his appreciation for everyone's prayers. City Council Meeting Minutes July 11, 2024, 11:30 am Page 5 of 6  Mayor McFarland stated the Skate Park will be opening in the next few weeks. The Murfreesboro Little League 11-year-old and 14-year-old teams won state and will be moving on. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 12:45 p.m. MAYOR ATTEST: City Council Meeting Minutes July 11, 2024, 11: 30 am Page 6 of 6