Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING AUGUST 16, 2011 Board present Staff present Mayor Billy Paul Carneal City Manager Paul John Nutting Alderman Bruce Head Asst. City Manager Regina Holt Alderman Willie Mason City Recorder Jane Shugart Murphy Vice Mayor Jerome Ellis City Clerk Connie W. Watson Alderman Ann Schneider City Attorney Jim Balthrop Alderman Shane Shoemaker Alderman James Hubbard 1.0 Mayor Billy Paul Carneal called to order the regular meeting of the Board of Mayor and Aldermen at 7:30 p.m. The meeting opened with the pledge of allegiance to the American flag. 1.1 Public Hearing: 1. Ordinance 11-09, an ordinance amending Ordinance 97-26 and 05-24 and Title 3, Chapter 1 of the Springfield Municipal Code by Amending Section 3-113 entitled “Court Costs. 1.2 Alderman Schneider moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on July 19, 2011. The motion was seconded and approved unanimously. 2.0 Legislative 2.1 Alderman Shoemaker moved for the approval of Ordinance 11-09 on 2nd reading, an ordinance amending Ordinance 97-26 and 05-24 and Title 3, Chapter 1 of the Springfield Municipal Code by Amending Section 3-113 entitled “Court Costs.” The motion was seconded and passed by 7-0 roll call vote. This ordinance changes the amount of court costs that can be charged in municipal court from fifty-five dollars ($55.00) to seventy dollars ($70.00). 2.2 Alderman Mason moved for the approval of Resolution 11-19, a resolution authorizing the City Attorney to collect the surety bond in the amount of $122,800 for Legacy, Section 5B for Tony Dorris Builders and Developers, LLC. The motion was seconded and passed by 7-0 roll call vote. 2.3 Alderman Hubbard moved for the approval of Resolution 11-20, a resolution declaring certain property surplus and authorizing the disposal of such property. The motion was seconded and passed by 7-0 roll call vote. 2.4 Alderman Hubbard moved for the approval of Resolution 11-21, a resolution to establish official intent that certain capital expenditures to be incurred in connection with certain public works projects and related expenditures be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued by the City of Springfield. The motion was seconded. The City Manager informed the Board that this resolution would allow the Gas Department to begin the Highway 431 South gas line relocation and extension project and to be reimbursed with the proceeds of the 2011 TML Loan in the amount of $1,648,000. He stated the loan will be on a fifteen (15) year payment schedule and at a fixed rate with the option of prepayment without penalty. Mr. Nutting informed the Board that five (5) capital improvement projects for the Gas Department have been approved in the fiscal year 2012 budget and will be funded with the 2011 TML Loan proceeds. The motion for the approval of Resolution 11-21 was brought back and passed by 7-0 roll call vote. 2.5 Alderman Hubbard moved for the approval of Resolution 11-22, a resolution to approve the Highland Crest-College Campus Advisory Board Bylaws. The motion was seconded. The City Manager informed the Board that the day-to-day operations of the Highland Crest – College Campus are the responsibility of Volunteer State Community College. The Advisory Board will be the liaison between the colleges and the Springfield/Robertson County community with regard to the achievement of academic and community goals for higher education. Alderman Ellis moved to amend Resolution 11-22 by amending Article IV, Section 4.6 entitled “Voting” to read as follows: The affirmative vote of a majority of the directors of the Corporation, being four (4), is required to conduct business and/or approve any matter coming before the Board, rather than merely a majority of those present constituting a quorum.” The motion was seconded and passed by 7-0 roll call vote. The original motion to approve Resolution 11-22, as amended, was approved by a 7-0 roll call vote. 2.6 The City Manager passed out an updated Resolution 11-23, authorizing the filing and funding of a 2011 Fast Track Infrastructure Development Program Grant on behalf of Electrolux. Mr. Nutting informed the Board that the amount of the grant is for two hundred thousand dollars ($200,000). One hundred fifty-six thousand dollars ($156,000) will be funded by the State, with the City providing a match of twenty-two percent (22%) or forty-four thousand dollars ($44,000). Electrolux will fund the City match. He stated that the grant will be used for the electrical and other utility improvements necessary to complete the expansion. Mr. Nutting also stated that if the Board elected to do any force account work on the expansion project, the amount could be taken off the City’s portion of the match. He stated that Electrolux is planning to construct a three (3) story, twenty-one thousand (21,000) square foot expansion to its facility to accommodate seventy (70) new engineering and technical positions. Alderman Hubbard moved for the approval of Resolution 11-23. The motion was seconded and passed by 7-0 roll call vote. 3.0 Administrative 3.1 Mr. Roger Blackwood addressed the Board with regard to concerns he has with the Greenway. No action was taken. 3.2 Alderman Mason moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.02741 per kilowatt-hour to $0.02664 per kilowatt-hour effective September 1, 2011. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents a decrease of approximately 1.0% in wholesale electric rates. The net result will be a decrease of approximately $0.50 to $1.50 on an average residential electric bill, depending on the usage. 3.3 Alderman Hubbard moved to approve the retail gas rates of the Springfield Gas Department for the month of August as presented. The motion was seconded and passed by 7-0 roll call vote. The new rates represent an average decrease of 0.48% in the monthly gas rates. 3.4 Alderman Hubbard moved to approve a request from the Police Department to purchase under state contract one (1) Crown Victoria patrol vehicle from Golden Circle Ford in the amount of $23,118.00 and three (3) Chevrolet Impalas at $21,530.00 per vehicle from C.B.G.C. of Murfreesboro. The total amount for the four (4) vehicles will be $87,508.00. The motion was seconded and passed by 7-0 roll call vote. 3.5 Alderman Hubbard moved to approve a request from the Gas Department to award the bid for a mini-excavator to Bobcat of Nashville, in the amount of $49,070. The motion was seconded and passed by 7-0 roll call vote. 3.6 Alderman Hubbard moved to approve a request from the Water/Wastewater Department to make a sole source purchase of camera hardware and software for the wastewater system inspection vehicle. The motion was seconded and passed by 6-1 roll call vote. Ayes: Schneider, Carneal, Hubbard, Shoemaker, Head, Mason. Nayes: Ellis. 3.7 Alderman Hubbard moved for the appointment of Mr. Joe Nicholson and Mr. Don Burkeen to fill the two (2) vacant positions on the Construction Board of Adjustment and Appeals. The motion was seconded and passed by 7-0 roll call vote. 3.8 City Attorney Jim Balthrop reported his findings of legal options available to the City of Springfield, to address issues related to the Springfield schools. Based on his research and discussions with Department of Education, Civil Rights Division, and the Legal Division, he is of the opinion that the City does not have any legal standing to file a lawsuit against the Robertson County School Board. The Legal Division informed him that they are not aware of any prohibition in the law that prevents a city from filing a complaint against a county school district. Mr. Balthrop also stated that if the Board elected to file a complaint, he had been advised that it would have to be based on race, age, national origin, sex, or disability, and that socio-economic grounds are not considered a basis for filing a complaint. He stated that the Board will have to be the one to make the final decision to file a complaint with the Department of Education, but in his legal opinion, if the City chooses to file, it would be an uphill battle. Alderman Hubbard informed the Board that he too had researched legal options that are available with the Department of Education and was advised of the same. However, the Department of Justice informed him that although a complaint could not be filed by the City, a personal lawsuit could be filed against the Robertson County Board of Education. He stated that under advice, he has started proceedings to personally file a complaint of civil rights discrimination on the grounds of race and national origin on behalf of the students of Springfield and has recently received confirmation of acceptance by the Department of Justice and they are actively working on the complaint. No action was taken. Mayor Carneal reiterated the need for a new elementary school and discussed issues and concerns with the Springfield schools. 3.9 Alderman Schneider moved to approve a request submitted by NorthCrest Medical Center to host the “Boo Bash Dash” run on October 29, 2011, from 9:00 a.m. to 11:00 a.m. The motion was seconded. Alderman Hubbard moved to defer from taking any action on the “Boo Bash Dash” application until more information is known. The motion was seconded and passed by 5-2 roll call vote. Ayes: Hubbard, Carneal, Shoemaker, Head, Ellis. Nayes: Schneider, Mason. 4.0 Consent 4.1 Alderman Hubbard moved to approve a request by the Public Works Department to award the bid for annual street repair and maintenance to Sessions Paving Co., Nashville, Tennessee, for a unit price contract of $1,322,076.50. The motion was seconded and passed by 7-0 roll call vote. 4.2 Alderman Hubbard moved to approve a request by the Parks and Recreation Department to award the bid for the replacement of the rubber track at The Center to Covington Flooring Company, Inc. in the amount of $30,985. The City Manager informed the Board that this project was originally included in the fiscal year 2011 budget and was one of the projects funded with the 2011 General Fund note. Due to extenuating circumstances, the project was not initiated during fiscal year 2011. Note proceeds in the amount of $31,000 to fund the project have been carried forward into the fiscal year 2012 budget as part of the General Fund reserve. These proceeds will be used to offset project expenditures in the amount of $31,000 that are included as a line item within the Parks and Recreation Department budget. The motion was brought back and passed by a 7-0 roll call vote. 5.0 City Manager’s Report Staff is currently working on the redistricting of the City’s six (6) wards. An existing ward boundary map and a proposed ward boundary map, based on census tracts, have been prepared for the mayor and each alderman to review. New ward boundaries need to be approved by ordinance before January 1, 2012. The installation of the new roofs on City Hall and the Main Fire Station as well as the nine (9) new HVAC units on City Hall should be completed this week. New ceiling tiles have been installed throughout City Hall and in the conference room at the Main Fire Station. The new tennis courts at Garner Street Park are under construction.  Sidewalk construction on Legacy Drive is complete and additional sidewalk is being constructed on the east side of Batts Boulevard between Central Avenue and 16th Avenue. The Water/Wastewater Department is currently conducting smoke testing of sewer mains in Stonegate subdivision in order to identify locations that need major repair. Smoke testing will be conducted in other parts of the city throughout the year. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder