Board of Mayor & Aldermen

CITY OF SPRING HILL BOARD OF MAYOR AND ALDERMEN PUBLIC HEARING MINUTES MONDAY DECEMBER 19,2011 7:10P.M. Mayor Dinwiddie called the meeting to order 7: 10 p.m. Aldermen present: Chad Whittenburg, Eliot Mitchell, Bruce Hull, Allen Hall, Rick Graham, Jonathan Duda and Amy Wurth. Also present were: Victor Lay, City Administrator; Tim Underwood, City Attorney, and April Goad, City Recorder. Keith Hudson was absent. General Announcement - The procedural rules for public comment will be as follows: Items will be taken in order of the agenda. Audience members wishing to speak must be recognized by the Mayor and will have five minutes to address the Board ofMayor and Aldermen. No rebullal remarks are permilled. I. Consider Resolution 11-132, to approve Audit Report for fiscal year 20 I0-20 II. 2. Consider Resolution 11-128, to approve release of the existing Surety Bond for Wades Grove Amenity Area. (Recommended by the Planning Commission on December 12, 201 I.) 3. Consider Resolution 11-129, to establish a Performance Bond for Wades Grove Amenity Site. (Recommended by the Planning Commission on December 12, 201l.) 4. Consider Resolution 11-130, to establish a Maintenance Bond for Wades Grove Amenity Site. (Recommended by the Planning Commission on December 12, 2011.) 5. Consider Resolution 11-131, to renew a Letter of Credit for Benevento Subdivision, Phase I and 2. (Recommended by the Planning Commission on December 12,2011.) 6. Consider Resolution 11-133, to approve Capital Equipment Lease Purchase for Police Vehicle equipment. (Recommended by the Budget Finance Advisory Commillee on December 12, 2011.) 7. Consider Resolution 11-135, to approve a Speed Limit Reduction on Highway 31. (Rick Graham, Alderman) 8. Consider Resolution 11-139, approval of disbursements from Water Supply Escrow Fund for Duck River Agency. (Caryl Giles, WTP) 9. Consider Resolution 11-138, to approve Needs Assessment, Spring Hill Police Department. (Don Brite, Ch ief of Pol ice) 10. Consider Second and Final Reading of Ordinance 11-20, to amend the budget for fiscal year 2011-2012 by adding two full time employees. (Jim Smith, Finance Director) II. Consider Approval of Changing Resolution 11-1 II, to establish 'a Maintenance Surety for G lennmont Subdivision to Resolution 11-127. (Resolution number II-III was previously used.) 12. Consider of Approval ofthe following amendment to Resolution 11-123: July Planning Commission Regular Meeting should be July 9, 2011 (Currently reads July II.) 13. Consider Resolution 11-136, to approve adoption of Spring Station Drive as a City street. SOMA Public Hearing Minutes December /9, 20// Page I 0/2  14. Consider Resolution 11-137, approval of the Soldier Banner Program. Concerned Citizens: None Motion made by Mr. Graham to adjourn, seconded by Mr. Hall. Public Hearing adjourned at 7: 12 p.m. (\ . - ~~'------- ~ecorder SOMA Public Hearing Minutes December 19, 2011 Page 2 0/2  CITY OF SPRING HILL BOARD OF MAYOR AND ALDERMEN REGULAR MEETING MINUTES MONDAY, DECEMBER 19, 2011 7:12 P.M. Mayor Dinwiddie called the meeting to order 7: 12p.m. Aldermen present: Chad Whittenburg, Eliot Mitchell, Bruce Hull, Allen Hall, Rick Graham, Jonathan Duda and Amy Wurth. Also present were: Victor Lay, City Administrator; Tim Underwood, City Attorney, and April Goad, City Recorder. Keith Hudson was absent. The Pledge of Allegiance was led by Mr. Duda. The Invocation was led by Mr. Graham. Approval of the Agenda: Motion to approve the agenda was made by Mr. Hull. Motion seconded by Mrs. Wurth. Discussion: Mr. Duda asked that the minutes of November 21, 2011 be taken off consent agenda for discussion. Mayor stated that they would become Previous Business Item #2. Comments by the Mayor: Merry Christmas to everyone! Concerned Citizens: none. CONSENT AGENDA 1. Board approval: a. Financial Report of November 2011 b. Public Hearing and R~gular Meeting Minutes of November 21, 2011 c. Beer Board Minutes of November 21,2011 2. Departmental Reports for November 2011: a. Legislative Department (V. Lay) b. Fire Department (Swindle) c. Police Department (Brite) d. Library (Adkins) e. BuildingIPlanning, Codes Enforcement and Storm WaterIMS4 (Brooks) f. Utility Billing (Andrews) g. Parks & Rec (Fischer) h. Court Report (J. MitchelllB. Morgan) I. Public Works (Streets, Water Distribution, and Sewer Collection System) (Foster) J. Water Treatment (Giles) k. Waste Water Treatment (Massey) 3. Committee/Commission Minutes to be accepted in monthly records: a. Planning Commission minutes of November 14,2011. (Brooks) b. Board of Zoning Appeals minutes of November, 2011. (no meetings) (Hall, Brooks) c. Historic Commission minutes of November 28,20 II (unavailable) and (Mitchell/Duda) d. Budget and Finance Advisory Committee minutes of November 14,2011 (approved) (Hull, Graham, and Wurth) e. EDC Minutes September 13,2011, October 11, 2011 and November 8, 2011 (unavailable) (J. Schwartz) f. Parks and Recreation Committee minutes November 17, 2011 (HudsonlFischer) g. Storm Water Advisory Committee November 2011 (Warf/Hull) h. Library Board of Trustees Minutes November 20 II (unavailable) (Adkins, Whittenburg) BOMA Regular Meeting Minutes December 19,2011 Page I of7  4. Consider Resolution 11-128, to approve release of the existing Surety Bond for Wades Grove Amenity Area. (Recommended by the Planning Commission on December 12, 2011) 5. Consider Resolution 11-129, to establish a Performance Bond for Wades Grove Amenity Site. (Recommended by the Planning Commission on December 12, 2011) 6. Consider Resolution 11-130, to establish a Maintenance Bond for Wades Grove Amenity Site. (Recommended by the Planning Commission on December 12, 2011) 7. Consider Resolution 11-131, to renew a Letter of Credit for Benevento Subdivision, Phase I and 2. (Recommended by the Planning Commission on December 12, 2011) Mr. Duda moved to approve the consent agenda. Motion seconded by Mrs. Wurth. Vote: Unanimous. PREVIOUS BUSINESS Item #1 Consider Second and Final Reading of Ordinance 11-20, to amend the budget for fiscal year 2011-2012 by adding two full time employees. (Jim Smith, Finance Director) Mr. Hull moved to approve. Motion seconded by Mr. Graham. Discussion: None. Roll Call to approve Second and Final Reading of Ordinance 11-20: Mr. Whittenburg, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 8/0. Item #2 Public Hearing and Regular Meeting Minutes of November 21,2011. Mr. Duda moved to approve the minutes. Motion seconded by Mrs. Wurth. Mr. Duda moved to make the following amendment to the minutes of the Board of Mayor and Aldermen Meeting for November 21, 2011, motion seconded by Mr. Hall. Proposed Amendment ofBOMA November 21, 2011 Meeting Minutes Amendment 2: New Business Item #11, Consider Resolution 11-122, Development ofa Transportation Committee Propose to amend the folio wing: Roll call for second amendment Resolution 11-122 Transportation Committee to include two citizens: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, nay; Mayor, aye; Mr. Hall, nay; Mr. Duda, nay; Mr. Graham, nay; Mrs. Wurth, nay. Motion passed 5/4 Replace wilh: Roll call for second amendment Resolution 11-122 Transportation Committee to include two citizens: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, nay; Mayor, aye; Mr. Hall, nay; Mr. Duda, nay; Mr. Graham, nay; Mrs. Wurth, nay. Motion failed 4/5 Roll Call to amend November 21,2011 Minutes: Mr. Whittenburg, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 8/0. Mr. Duda moved to make the following amendment. Motion seconded by Mr. Hull. Mr. Duda explained. He asked that staff rev iew recording and make any corrections necessary. Amendment 1: Comments of Jonathan Duda re PUD Master Development Plan Amendmentfor Spring Hill Memorial (Priority New Business Item 1) Propo. e to strike the following: Mr. Duda stated that it should be noted that the Mayor read sections ofstate code. He discussed the Planning Commission's recommendation and doesn't concur with their findings. He discussed the BOMA Regular Meeting Minutes December 19,2011 Page 2 of7  Zoning Appeals meeting minutes from when the funeral home wasfirst proposed. He also stated that he would not vote in favor of it. Rep/ace wi'It: Mr. Duda stated that it should to be noted that although the mayor stated he was citing state law regarding the licensure offuneral directing, a portion of what he read was actually an opinion and interpretation of state law taken from a specific court case, and Mr. Duda believes there are key differences in that particular case than what exist here. He said he wouldn't expand on that, instead he wanted to take a moment and explain how he came to his own decision on this item. Mr. Duda stated the general idea as he sees it ofa Planned Unit Development is that the city requires the applicant to submit plans ofwhat their proposed uses are on the front end. If the city approves the plans, the applicant has some surety that what they have proposed can be built. A well designed PUD will promote consistency with the surrounding community and the adjacent land uses, while at the same time also provide some additional flexibility to the applicant. Ultimately, the community gains; the applicant gains. Mr. Duda read Article X, section 2.10(2) of the Zoning Ordinance regarding amendments to a Planned Unit Development. Mr. Duda stated in a letter dated August 24, 2011, the planning commission had transmitted the result of the Planning Commission's consideration of this plan. First, it found the proposed crematory use would alter the site substantially as to be considered a major modification and requiring BOMA action. Second, it recommended approval ofthis amended plan. Mr. Duda then read portions of Article X, Section 4.1 of the Zoning Ordinance regarding the intent and purposes of a commercial PUD. Mr. Duda also read portions of Article X, Section 1.2 of the Zoning Ordinance regarding consistency with the general plan. Mr. Duda said although he agreed with the first finding of the planning commission, he didn't concur with the Planning Commission's recommendation that the amended plan be approved. Mr. Duda stated he had given great consideration to all sides of this issue. He stated that it was his considered judgment, in reviewing all of the materials presented including; two (2) separate EnSafe reports commissioned by this body (the latest identifying the specific circumstances where short term 1­ hour acute risk levels would be exceeded), city records including minutes ofpast Planning Commission, BOMA and BOZA meetings (including the BOZA public hearing of February 1996 where Mr. Stephens, owner of the property stated that "there is no crematory planned at this time. This would have to be approved by the city"; an acknowledgement by the business owner that a change in decision to include a crematory would require further review and approval by the city), the letters and materials that were submitted by citizens, (which also included representatives from the funeral home and the manufacturer ofthe proposed crematory equipment), that the proposed crematory would interfere with the safe use and enjoyment of other land in the vicinity, that the adverse impact of this use to surrounding properties cannot be ameliorated without the use of an abatement system or scrubbers, and that because of these reasons, the proposed plans for a crematory are not consistent with the general development plan for this specific area in our city. Roll Call to amend November 21,2011 Minutes: Mr. Whittenburg, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 8/0. Roll Call to approve November 21, 2011 Minutes: Mr. Whittenburg, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 8/0. Mr. Keith Hudson arrived at 7:23 p.m. NEW BUSINESS Item #1 Consider Resolution 11-132, to approve Audit Report for fiscal year 2010-2011. Mr. Duda moved to approve. Motion seconded by Mr. Graham. Discussion: None. Roll Call to approve Resolution 11-132: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. SOMA Regular Meeting Minutes December 19,2011 Page 3 0/7 Item #2 Consider Resolution 11-133, to approve Capital Equipment Lease Purchase for Police Vehicle equipment. (Recommended by the Budget Finance AdvisOl)' Committee on December 12, 2011) Motion to approve was by Mr. Graham, seconded by Mrs. Wurth. Discussion: Mrs. Wurth stated that this isjust funding of the equipment for the Police Vehicles. Roll Call to approve Resolution 11-133: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Item #3 Consider Resolution 11-134, to approve the purchase ofa Brush Chipper OR a Chipper Service Contract. (Not recommended by the Budget Finance Advisory Committee on December 12, 20ll) Motion to approve was made by Mr. Hall and seconded by Mrs. Wurth. Discussion: Mrs. Wurth stated that the BFAC would like to put off this purchase until the next fiscal year so that it can be placed in the ClP. They are recommending tabling this item. Mr. Hall asked if this is what staff wants. Mr. Lay stated that staff is in agreement. We will hold the money set aside and wait until next year. Mrs. Wurth moved to table Resolution 11-134. Motion seconded by Mr. Graham. Roll Call to table Resolution 11-134: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. MitchelI, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Item #4 Consider Resolution 11-135, to approve a Speed Limit Reduction on Highway 31. (Rick Graham, Alderman) Mr. Graham moved to table Resolution 11-135. Motion seconded by Mr. Whittenburg. Roll Call to table Resolution 11-135: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Item #5 Consider Resolution 11-136, to approve adoption of Spring Station Drive as a City street. Motion to approve by Mr. Duda. Motion seconded by Mr. Mitchell. Discussion: Mr. Duda moved to remove the fourth "Whereas". Motion seconded by Mr. Mitchell. Strike: "WHEREAS, placing the roadway into the city's inventory may allow the city to construct sidewalks and bicycle paths to adjoining neighborhoods as grant funds and/or city fimds become available." Mr. Whittenburg stated that he supports striking it but still thinks this is a good place for sidewalks. Ms. Wurth added that this would be an issue for Transportation Committee and it would be something to add to financial plan. Roll Call to amend Resolution 11-136 removing the fourth (4th) "Whereas": Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Roll Call to approve Resolution 11-136 as amended: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Item #6 Consider Resolution 11-137, approval of the Soldier Banner Program. Motion to adopt by Mr. Graham. Motion seconded by Mr. Hull. Discussion: Mr. Mitchell asked ifthere was a target budget for this item. Mr. Lay stated that we can cover about $5,000 this year and would need to budget in subsequent years. Mr. Whittenburg thanked the citizens for bringing this up. BOA'fA Regular Meeting Minutes December 19,2011 Page 4 0/7  Roll Call to approve Resolution 11-137: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Item #7 Consider Resolution 11-138, to approve Needs Assessment, Spring Hill Police Department. (Don Brite, Chiefof Police) Motion to approve by Mr. Graham. Motion seconded by Mrs. Wurth. Discussion: Mr. Whittenburg stated that the contract with "Wilbur Smith" should be taken out. Mr. Lay confirmed. Mr. Lay stated that staff had looked at some temporary solutions. There are other things to consider before passing this resolution. Mr. Duda stated that he supports the Police Department planning for needs current and future. Mr. Lay stated that it may be prudent to table this for a month and bring back something after research is complete. He also stated that we need short term relief also. Mr. HuJl stated that we should deal with short term relief. Mr. Hall asked what can be done now to help the situation. He suggested hearing their ideas and hearing ideas at the end of the agenda. Mr. Lay stated that there is one alternative that can be done short term. Mr. Whittenburg stated that he would like to suspend the rules and allow the Police Chief to speak. Motion seconded by Mr. Duda. Vote: Unanimous. Chief Brite and Chief Fogle explained the crowd ing issues and thanked the Board for touring the Police Department. They presented a PowerPoint outlining several options, locations, etc. (PowerPoint presentation attached.) Mr. Hall thanked them for the presentation. He asked if they had a preference out of all options. He also asked about existing retail parcels on the north side of town. Chief Brite stated that they are still looking. Chief Fogle mentioned parking issues in some areas. Mr. Whittenburg asked if the Northfield property is in the city limits. Mr. Lay stated that it isn't but would be after the access road that TOOT is going to build. He discussed accessibility for the public. Mr. Whittenburg also asked if GM would be using it when they begin full production. Mr. Lay stated that they are not planning to use it as a bank. Mr. Whittenburg called for the orders. Motion to defer Resolution 11-138 by Mr. Whittenburg. Motion seconded by Mr. Hull. Roll call to defer Resolution 11-138: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. MitcheJl, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Item #8 Consider Resolution 11- 139, approval of disbursements from Water Supply Escrow Fund for Duck River Agency. (Caryl Giles, WTP) Ms. Wurth moved to approve. Motion seconded by Mr. Hull. Discussion: Mr. Mitchell asked for a summary of what the disbursements are. Mr. Lay stated that the raising of the dam at Normandy and also creating a new reservoir downstream and building a centralized water treatment facility that would serve the region from that. Roll call to approve Resolution 11-139: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Item #9 Re-consider First Reading of Ordinance 11-13, to amend the Personnel Policy pursuant to § 6-3-106 of the City Charter. (Requested by petitionjiled by board members per City Code § 1-103 (1) a) NOTE: This Ordinance failed as 11-13, was re-worded by legal counsel and renumbered as 11-22. Motion to approve made by Mr. Mitchell. Motion seconded by Mr. Hull. Discussion: Mr. Whittenburg stated that he researched and discussed issues with other cities. He discussed liability, accountability, etc. He stated that he would not support as written. He would like to look at several other cities as presented by Mr. Duda, where the BOMA Regular Meeting Minutes December 19,2011 Page 5 0/7 powers of hiring and firing was spread between the City Administrator and the Mayor. The City Administrator would hire/fire all employees except the department heads who would report directly to the mayor. Mr. Hull stated that there is no immediate accountability at this level, and he will support this item. Ms. Wurth stated that she is prepared to support with an amendment. This should take effect after the next Mayoral election. We have discussed in the past not making changes effective during current administration. Mr. Duda discussed amendments. He also stated that he isn't in favor of the Board getting involved in hiring and firing. He stated that he feels that the only position that the Board should hire and fire is the City Administrator. He stated he would not be in favor of waiting until next administration. Mr. Whittenburg moved to make the following amendment: In first Whereas, strike "and" in 3 rd line and replace with "except". Also in 3 rd whereas, strike word and "and" replace with "except". (4 th line of underlined text) Also, 4 th whereas, strike "and" and replace with "except". Also, under Now therefore be it resolved and ordained strike "including" in 4 th line and replace with "excluding". With intent to provide city administrator the authority to hire, fire and discipline employees with exception of department heads. Mr. Hull stated that there is no second to the motion. Mr. Graham seconded. Mr. Hull stated that he understands the purpose of the amendment. He feels that this will create disconnect between employees and department heads. He stated that he would not support. Mr. Graham asked if Dept. Heads are exempt from overtime. Mr. Lay explained that Mr. Pewitt would be exempt because he is not only supervisory, but hands on. Kevin Fischer is the same way. They are not just managers. Mr. Whittenburg stated that he didn't see disconnect because this is the way it operates now. Mr. Graham stated that he is looking for balance and he supports amendments. Roll Call on Mr. Whittenburg's amendments to First Reading of Ordinance l.l.:..U: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, nay; Mr. Hull, nay; Mayor, aye; Mr. Hall, nay; Mr. Duda, nay, Mr. Graham, aye; Mrs. Wurth, nay. Motion Failed 5/4. Mrs. Wurth moved to amend to state "Effective April 12th, 2013". Motion seconded by Mr. Graham. Discussion: Mr. Mitchell stated that he has communicated to Victor since he's been here, that we have confidence in his ability to run the city. He doesn't favor putting this off. Mr. Graham stated that he has full confidence in Mr. Lay. His hesitation is toward shifting power toward this Board. Mrs. Wurth stated that she hopes for support ofthe amendment, but understands if not. Mr. Hull stated that we change policy on a monthly basis and sees no difference in this and any other change. Mr. Duda stated that he was on the Board that increased Aldermen salary. He supports amendment but will think about it further. He stated that this doesn't have anything to do with power of the Board. Mr. Hull stated that he has decided to support the amendment. Mr. Mitchell pointed out that he doesn't see the analogy of the pay. He would support a full time mayor. BOMA Regular Meeting Minutes December 19, 2011 Page 6 0/7  Roll Call to amend Ordinance .l.l..:.ll: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, nay; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 8/1. Mr. Whittenburg stated that he supports the amendment but not the Ordinance. There should be a balance of accountabiJ ity and power. Mayor moved to amend the Ordinance to read 11-22 from 11-13. Motion seconded by Mr. Hall. Vote on Ordinance number change: Roll Call to amend the Ordinance title to read number 11-22: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, nay; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Roll Call to approve Ordinance 11-22 as amended: Mr. Whittenburg, nay; Mr. Hudson, aye; Mr. Mitchell, nay; Mr. Hull, aye; Mayor, nay; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, nay; Mrs. Wurth, aye. Motion Passed 6/3. Item #10 Consider Approval of Changing Resolution II-III, to establish a Maintenance Surety for G lennmont Subd ivision to Resolution 11-127. (Resolution number II-III was previously used.) Motion to approve made by Mr. Hull and seconded by Mayor. Roll Call to approve Resolution II-III: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Item #11 Consider of Approval of the following amendment to Resolution 11-123: July Planning Commission Regular Meeting should be July 9,2011 (currently reads July 11) Motion to approve made by Mr. Whittenburg and seconded by Mr. Hull. Roll Call to approve amendment to Resolution 11-123 to read July Planning Commission Regular Meeting July 9,2011: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Mitchell, aye; Mr. Hull, aye; Mayor, aye; Mr. Hall, aye; Mr. Duda, aye, Mr. Graham, aye; Mrs. Wurth, aye. Motion Passed 9/0. Mr. Mitchell asked about if there has been any conversation regarding the Maury Metropolitan Government. Mr. Underwood stated that there is nothing new but he will have something by next month for the packet. Concerned Citizens: None. A motion to adjourn made by Mr. Hull and seconded by Mr. Graham. Vote unanimous. Meeting adjourned at 9:02 pm ~~ April G d, ty Recorder SOMA Regular Meeting Minutes December 19, 2011 Page 7 0/7  CITY OF SPRING HILL BOARD OF MAYOR AND ALDERMEN SPECIAL CALL MEETING MINUTES THURSDAY, DECEMBER 29, 2011 7:00 P.M. Mayor Dinwiddie called the meeting to order. Aldermen present: Chad Whittenburg, Eliot Mitchell, Keith Hudson, Allen Hall, Rick Graham, and Jonathan Duda. Also present were: Tim Underwood, City Attorney; Victor Lay, City Administrator; Jim Smith, Finance Director; and April Goad, City Recorder. Absent were: Amy Wurth and Bruce Hull. Mayor Dinwiddie asked that everyone observe a moment of silence for victims of an accident earlier today involving a man and a child who died. Item #1 Consider Resolution 11-140, to approve a contract for the purchase of the Crossings Circle. Mr. Whittenburg moved to move concerned citizens to the beginning. Motion seconded by Mr. Hudson. Unanimous. Concerned Citizens: Tommy Dudley, Kedron Road, spoke in opposition to this purchase. He stated that the City has greater needs than to support a private developer. Nancy Gregg, Stewart Campbell Point agreed that we don't need to expend the money because there is no guarantee that the developer will place a movie theater in this area. Alicia Gordon, O'Leary Court stated that she fully supports it and that Spring Hill needs this in addition to what we currently have. She stated that the revenue would come in. Bruce McNeilage expressed his concerns. He stated that he wants more retail businesses but was concerned with spending money before it is made. He didn't think it would be wise to make a hasty decision. Lee Nettles asked that the Board go back and see if the developers who will benefit will contribute. George Beaubear, Witt Hill Drive, stated that he had mixed feelings about the issue. He stated that it wasn't good planning when you come to end of the road and you can't go forward. He stated that we need to be smart with the City's money. SOMA Special Call Meeting Minutes December 29,2011 Page J 0/5 Richard Mitchell, Gray Fox Lane, stated that you have to spend money to make money. It would be nice to be able to take your kids to the movies here in Spring Hill. Spring Hill is still one of the fastest growing cities in the country. Jenny Zeden, Monoco Drive asked that they pass it because a movie theater would be good for the youth here. Scott Sumners, Dove Circle spoke against the issue stating that he feels the GBT was wrong in having it a private road. Mr. Hall asked the City Attorney about public notice requirements. Mayor Dinwiddie moved on to item # 1. Mr. Whittenburg moved to approve, seconded by Mr. Graham. Discussion: Mr. Duda requested that Mr. Hall be given the opportunity to ask the question pertinent to the discussion. Mr. Hall asked if sufficient notice was given for this meeting. Mr. Hall discussed his questions on requirements for public notice. Mr. Underwood went through TCA Code Section 8-44-103 regarding public notice and what would be adequate. In some cases 24 hours was sufficient and in other cases 48 hours was not sufficient. He also felt that notice should have been posted at city hall and on the city's website, but it was not. He stated that it is possible that there may not have been adequate notice. Mr. Duda asked why it couldn't be handled during a January meeting. Mayor Dinwiddie stated that this is something that has been going on for over a year and there were requests to have a call meeting. Mr. Duda stated that he does not feel that the board members have had ample time to review all available information. The Board packet does not have a copy of the contract that we are authorizing the Mayor to sign. The meeting was recessed at 7:46 p.m. in order to make and distribute copies of the contract. The meeting was called back to order at 7:52 p.m. Mr. Duda thanked the Mayor for entertaining his request. Mr. Duda stated that this road should be a public road so that property owners should be allowed to develop their property. He also stated that we must be fiscally responsible. He talked about assurances if we purchase the property. He had asked staff for an estimate to complete the road. Mr. Lay stated that he doesn't have the figure. Mr. Duda asked if the proposed theater property is not the Adams property. Mayor confirmed that it is the Turnberry property. Mr. Duda asked if we had assurances it would be developed. Mayor stated that he doesn't have anything in writing. Mr. Duda stated that what if BOA1A Special Ca// Meeting Minutes December 29. 2011 Page 2 0/5 nothing is ever developed. Mr. Whittenburg moved to suspend the rules and allow Mr. O'Leary to speak. The motion was seconded by Mr. Hudson. Mr. O'Leary stated that if the road is accepted, they are going to move forward on this project. He discussed the time line of what is planned. He will be getting plans to the Planning Commission and Board. Mr. Hall asked his relationship with the developer. Mr. O'Leary stated that both Adams and Turnberry are his clients and are working together. Mr. Duda asked if there is an agreement in writing that if the city acquires the road that the City will have no furthe~ financial obligation. Mr. O'Leary stated that they would be willing to agree. Mr. Duda asked about the deed of sale on page 76 of packet. He asked that we make a contingency in the resolution that we get the surety that if we purchase this road that there are no additional requirements by the Adams or Turnberry to affect the development they want to pursue without additional requests from the city. Mr. Whittenburg called for the orders. Mr. Duda stated that the actual purchase of the roadway, have we considered that the budget doesn't support this transfer of money. Mr. Lay stated that it would require a budget amendment which would be two votes. Mr. Duda stated that we should outline the concerns we have and then act on this at our regular meetings. It will require more inspection than we have had opportunity. He stated that it would be prudent to defer. Mr. Whittenburg recognized the attendance of State Representative Shelia Butt and Chairman Scott Cepicky. He appreciated that they were involved and that they support development. He stated that unemployment is down and hopes to go lower. He feels that this is a jobs bill, investment, economic development that could help get the unemployment down. He talked about the large amount the county is spending on economic development. He discussed jobs and growth. He has had conversations with hotel owners, etc. and doesn't think it should be put off any longer. He is ready to vote on the issue tonight. Mr. Hall stated that it shouldn't be looked at as a jobs bill. He sees it as an investment but there is a time to make investments and he isn't sure that this is the best time unless we do due diligence. He feels that no one can tell us when we will break even if we make this purchase. He felt that it would not be delayed because we will have to amend the budget. He feels that it is doing it in reverse order passing the resolution before the budget is amended. He stated that we should do this in the correct order. He stated that first reading of a budget meeting should be done after giving ample public notice. And then second reading just before passage of this resolution. He stated that he will abstain on the vote tonight. Mr. Whittenburg asked that Jim Smith and Victor discuss financial options. Jim Smith stated that there are many ways of paying for this. Some have been discussed. We have also discussed this with our Financial Advisor. We are currently working on some financing options for water sewer projects amounting to 4.5 million in GO notes. He also stated that this can be done as a capital outlay note, a bond issue, etc. He also stated that BOMA Special Call Meeting Minutes December 29, 2011 Page 3 0/5 we may not need to borrow the total amount. He feels we are doing pretty well so far this year and will make our budget. Mr. Duda stated that he wants to insulate our risk to citizens as much as possible. He discussed agreement with developers. Jim Smith discussed money owed back to Water Sewer and Adequate Facilities. Mr. Duda discussed the Municipal Purchasing Policy. Mr. Graham discussed the Vice Mayor's suggestion of making this purchase in cash. Mr. Smith stated that there is a chance that we could pay cash. Mr. Lay suggested setting a closing date later in the year so that we will know if we have the cash or need to borrow. He stated that this is the first year that we haven't had to get a Tax Anticipation Note to make it until property tax money began to come in. Mr. Mitchell discussed paying in cash and needing a TAN. He discussed the road being turned into a public road. He prefers to spend the money on finishing the road on the back side. He stated that what we have going on now is poor business planning. He stated that we need to find out what our risk is and options are. Mr. Underwood stated that the property has been conveyed to Excel Trust. He explained how it will work. Mr. Mitchell stated that he feels that we are trying to do this in too big of a hurry. He cited issues that he has with the purchase of this road. Doing this in the way we are right now is in my opinion, complete fiscal irresponsibility. We are spending money that we don't have for my opinion a road that's going nowhere, we don't get anything for it. Some get something for it as its value will increase overnight. I'm for the bigger picture here, but I want us to be smart, plan and understand our options. Mr. Whittenburg asked Mr. Underwood if this Resolution can be passed contingent on financing. Mr. Underwood stated that anything you send back to them would be a counteroffer. Mr. Whittenburg stated that the BFAC hasn't discussed this but quoted Vice Mayor Hull's email in favor of purchasing this property in cash, or primarily in cash. Jim Smith stated that Christmas revenue won't show up until February. He expects it to be good, compared to last year. Mr. Lay went over the cash option he distributed at the beginning of the meeting. Mr. Hall discussed the revenue projections. Mr. Whittenburg asked Mr. Lay's and Jim's recommendation for financing. Mr. Lay stated that he would like to pay cash. Jim agreed and stated that he liked Victor's idea of postponing closing. Mr. Whittenburg moved to suspend the rules, seconded by Mr. Graham. Roll Call All Yes, except Mitchell. SOMA Special Call Meeting Minutes December 29.2011 Page 4 0/5 David Puckett stated that as long as he feels comfortable with the city buying the road, he will go forward with his plans. Mr. Whittenburg called for the orders. Mr. Underwood explained that to postpone the closing date would be a counteroffer. Mr. Whittenburg asked if the funding needs to be in the resolution. Mr. Underwood stated that it isn't an issue with the acceptance of the offer. Mr. Underwood stated that the budget will have to be amended and financing can be addressed at that time. Mr. Duda stated that he would make a motion to demonstrate the Boards intent to make this purchase. Mr. Duda stated that he asked earlier about Adequate Facilities Taxes that developers would pay. He feels that a viable option would be to say that we are going to take $215 from Adequate Facility Tax and $215 in advance from conglomerate in waivers of fees. He feels that having a month to get this in front of the BFAC is a prudent thing to do. He feels everything can be done in COlTect order and still be able to contract. He also discussed budget amendments. He asked everyone to consider defelTal. He also discussed reserves. He reminded everyone that sketch plans do not always materialize. Mr. Hall stated that there are available parcels in the Crossings. Mr. Whittenburg stated that he is comfortable with moving forward with a cash purchase of the property. Called for the question. Seconded by Mayor. Vote: Duda, nay, Graham, aye, Hall, nay; Whittenburg, aye, Mitchell, nay, Hudson, nay, Mayor aye. Motion failed. 4/3 Mr. Mitchell stated that the fact remains that voting for this resolution in the order it's in and the way its written is in total conflict with the way we should be doing business. Passing this resolution is fiscally ilTesponsible because we are basically signing a contract to spend money before we have passed the ordinance to allocate the money before we have determined where the money is coming from. And anybody on this board that votes to do that and ever claims to be fiscally conservative again is just blowing smoke. I will not vote for this resolution on that basis. Roll Call to approve Resolution 11-140: Mr. Whittenburg, aye; Mr. Hudson, aye; Mr. Hudson, aye; Mr. Mitchell, nay; Mayor, aye; Mr. Hall, abstain; Mr. Duda, nay; Mr. Graham, aye. Motion passed 4-2-1. Motion to adjourn made by Mr. Hall and seconded by Mr. Whittenburg. Meeting adjourned at 9: 14 p.m. ~~ Apn 0 ,City Recorder SOMA Special Call Meeting Minutes December 29,201 I Page 5 0/5