Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING SEPTEMBER 20, 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. 1.2 Alderman Hubbard moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on August 16, 2011. The motion was seconded and approved unanimously. 2.0 Legislative 2.1 Alderman Shoemaker moved for the approval of Ordinance 11-05 on 3rd and final reading, an ordinance amending the City of Springfield annual budget for Fiscal Year 2011. The motion was seconded and passed by 7-0 roll call vote. 2.2 Alderman Schneider moved for the approval of Ordinance11-09 on 3rd and final reading, an ordinance amending Ordinance 97-26 and 05-24 and Title 3, Chapter 1 of the Springfield Municipal Code entitled “City Court” by amending Section 3- 113 entitled “Court Costs.” The motion was seconded and passed by 7-0 roll call vote. The ordinance sets court costs at seventy dollars ($70.00) in each case in which there is a plea of guilty or a trial and conviction in city court. 2.3 Alderman Hubbard moved for the approval of Ordinance 11-10 on 1st reading, an ordinance amending Title 10 of the Springfield Municipal Code entitled “Animal Control” by rescinding Ordinance 00-28 and Chapter 4 entitled “Pit Bulls” in their entirety and substituting a new Chapter 4 entitled “Pit Bulls.” The motion was seconded.  The City Manager informed the Board that this ordinance eliminates the requirement for owners to have insurance coverage for their pit bulls. The ordinance adds a new requirement that an owner seeking a permit shall pay a registration fee of fifty dollars ($50.00) for each dog. The motion was brought back and passed by 7-0 roll call vote. 3.0 Administrative Alderman Hubbard moved to amend the agenda by adding a parade application from the Robertson County Chamber of Commerce. The motion was seconded and passed by 7-0 roll call vote. Jordan Osborne representative of the Robertson County Chamber of Commerce briefed the Board on the various events they have planned for the annual “Christmas on the Square.” Alderman Shoemaker moved to approve a request from the Robertson County Chamber of Commerce to hold their annual “Christmas on the Square” on November 19, 2011, from 8:00 p.m. to 5:00 p.m. The motion was seconded and passed by 7-0 roll call vote. 3.1 Robert Gardner, Director of Electric Utilities informed the Board that Tennessee Valley Authority has approved an increase in the retail base rate of 1.9%. The increase will be effective October 1, 2011. Walter Haynes, a representative of Tennessee Valley Authority addressed the Board on the increase mandated by TVA. He informed them that the increase in the rate is necessary to recover $234 million in costs due to extensive damage that was done to the transmission system by storms earlier this year, and to maintain sufficient reserves for operations. Alderman Hubbard moved to approve the retail electric base rate increase of 1.9% mandated by the Tennessee Valley Authority. The motion was seconded and passed by 7-0 roll call vote. 3.2 Alderman Hubbard moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.02664 per kilowatt-hour to $0.02332 per kilowatt- hour effective October 1, 2011. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents a decrease of 4.4% in the wholesale electric rates resulting in a decrease of approximately $3.00 to $6.00 on an average residential electric bill. 3.3 Alderman Hubbard moved to approve the retail gas rates of the Springfield Gas Department for the month of September as presented. The motion was seconded and passed by 7-0 roll call vote. 3.4 Alderman Hubbard moved to approve a request from the Springfield High School Student Council to hold their annual “Homecoming Parade” on Friday, September 23, 2011, from 4:00 p.m. to 4:30 p.m. Participants will meet at Susan Burton- Glover’s parking lot at 3:00 p.m. The motion was seconded and passed by 7-0 roll call vote. Alderman Shoemaker moved to approve a request from the NorthCrest Medical Center/CASA to hold a “Boo Bash Dash” run on October 29, 2011, from 8:00 a.m. to 12:00 p.m. The motion was seconded and passed by 7-0 roll call vote. Alderman Hubbard moved to approve a request form the Springfield High School Baseball Boosters, The Bullpen Club, to host a 5K Run Fundraiser on November 5, 2011 from 6:30 or 7:00 a.m. to 12:00 p.m. The run will take place within Travis Price Park and the Greenway. The motion was seconded and passed by 7- 0 roll call vote. Coach Justin Martin was present to address any questions and concerns of the Board regarding the event. 3.5 The City Manager updated the Board on the acceptance of partial payments for property taxes. He stated that the partial payments will be accepted in two installments that are not required to be of equal amounts. Jane Shugart Murphy, City Recorder, informed the Board that a request for approval to accept partial payments for property taxes has been submitted to the State Comptroller and a response authorizing the installment plan that will be effective October 1, 2011 has been received. No action was taken. 3.6 Alderman Hubbard moved to approve a request by the Gas Department to award the bid for gas main relocation and extension on Highway 431 South to James N. Bush Construction Company of Cookeville, Tennessee, in the amount of $1,641,225.30. The motion was seconded. The City Manager informed the Board that $552,000 of the cost of the project will be reimbursed by the State since the location of the gas main will be outside of the State right-of-way. Mr. Nutting stated that this project along with other major capital improvement projects for the gas system will be funded with a Tennessee Municipal League Bond Fund loan. The bond will be in the amount of over $1,648,000 with a fifteen (15) year maturity schedule and the option of prepayment without penalty.  The motion to award the bid for the relocation and extension of the gas main on Highway 431 South passed by 7-0 roll call vote. 3.7 Alderman Hubbard moved to authorize the purchase of equipment for The Legacy golf course as recommended. The motion was seconded. The City Manager informed the Board that because of miscommunication during the budget preparation process, new maintenance equipment for The Legacy golf course was not included in the proposed budget. However, funding for paving the golf course parking lot and driveway in the amount of $56,000 (to be paid for with a note) is included in the fiscal year 2012 budget. He requested that the Board authorize the reallocation of the $56,000 for paving to be used to purchase the equipment and the balance of the remaining funds to be used to seal and repair the parking lot and driveway at The Legacy. The City Manager requested that the Board award the bid for purchase of a Progressive Pro-Flex 120 rotary contour mower in the amount of $19,425, a Toro ProCore 648 in the amount of $21,639.09, and a Toro Pro Force blower in the amount of $6,588.31, to Smith Turf and Irrigation Company. The motion to reallocate funds and to purchase the equipment as recommended passed by 6-1 roll call vote. Ayes: Hubbard, Shoemaker, Schneider, Carneal, Mason, Head. Nayes: Ellis. 3.8 Alderman Mason moved to authorize the contract with the Tennessee Department of Transportation for the State Industrial Access Road to serve Electrolux. The motion was seconded. The City Manager informed the Board that TDOT will purchase the right-of-way and the City will pay fifty percent (50%) of the cost. Electrolux will reimburse the city for its expenses. A right-of-way deposit in the amount of $98,750.00 is to be submitted to TDOT with the executed contract. The staff’s opinion is the deposit for the right-of-way is much more than the amount that will be needed to acquire the property since Electrolux is planning to donate most of the right-of- way, so a request has been submitted to TDOT to reduce the amount of the required deposit. Mr. Nutting recommended that the Board approve the current contract subject to staff and TDOT completing discussions with regard to a possible reduction in the required deposit amount for the right-of-way to keep the project on schedule. The motion to approve the contract passed by 7-0 roll call vote. 3.9 Alderman Hubbard moved to uphold the decision made by the Construction Board of Adjustments and Appeals to remove the substandard structure located at 309 19th Avenue East owned by Mike Justice. The motion was seconded.  Mr. Mike Justice addressed the Board to appeal the decision of the Construction Board of Adjustments and Appeals and to request authorization to repair the structure located at 309 19th Avenue East. A power point presentation was given by the Community Development Department explaining the City’s reason for ordering the removal of the structure. The motion to uphold the decision made by the Construction Board of Adjustment and Appeals passed by 7-0 roll call vote. 3.10 Alderman Hubbard moved to uphold the decision made by the Construction Board of Adjustment and Appeals to remove the substandard structure located at 413 Circle Drive owned by Blue Line Properties. The motion was seconded. The attorney for Blue Line Properties addressed the Board to appeal their case and to seek permission to repair or replace the mobile home. A power point presentation was given by the Community Development Department explaining the City’s reason for ordering the removal of the structure. The mobile home is located as a conditional use in an area that is not zoned for mobile homes. Under these circumstances the mobile home cannot be replaced by a newer model which is five years old or less. The motion to uphold the decision of the Construction Board of Adjustment and Appeals passed by 7-0 roll call vote. 3.11 The Board decided to study and review the proposed new ward boundaries before the regular meeting in November and present their proposals. No action was taken. 3.12 The City Attorney advised the Board that since delivering his letter to the Board he has learned that the attorney for the Springfield Industrial Development Board is appointed by the Springfield Industrial Development Board rather than the Board of Mayor and Aldermen. No action was taken. 3.13 Jim Balthrop, City Attorney, informed the Board that as of the beginning of the year, he will no longer be the delinquent tax attorney for Robertson County and that Ms. Phyllis Morriss will be replacing him. He stated that it would be in the best interest of the city to have one attorney responsible for collecting delinquent taxes for both the city and the county and recommended the appointment of Ms. Phyllis Morriss as the delinquent tax attorney for the City of Springfield. Alderman Hubbard moved to appoint Ms. Phyllis Morriss as the delinquent tax attorney for the City of Springfield. The motion was seconded and passed by 7-0 roll call vote. 3.14 The Board agreed to post signs for motorcyclist safety within the city limits. No roll call vote was taken. 3.15 Alderman Hubbard moved to authorize the proposed routing of the Highway 431 South water transmission main extension and the acquisition of easements for the project. The motion was seconded and passed by 7-0 roll call vote. 4.0 Consent 4.1 Alderman Hubbard moved to approve a request by the Springfield Water/Wastewater Department to award the bid for the purchase of a backhoe in the amount of $72,435.48 to Nashville Tractor and a new service truck (under state contract) in the amount of $50,237.00 to Ford of Murfreesboro. 5.0 City Manager’s Report Mr. Nutting extended his appreciation to Chief Danny Johnson and the Police Department on the excellent work they are doing in patrolling the South Main Street area. He also extended his appreciation to Director of Planning George James, Codes Administrator Scott McDaniel and Director of Public Works Allan Ellis for the excellent work their departments are doing in slum clearance. Mr. Nutting gave the following report on slum clearance in blighted areas to date for calendar year 2011: 14 structures removed by owners 13 structures removed by City 6 structures repaired 2 structures removed that were not processed by the City 37 structures authorized for removal or awaiting appeal Mr. Nutting stated that the Police Department is seeking the capture of Jewell Wayne Smith, Jr. who has been added to the TBI’s Ten Most Wanted list. He is wanted for allegedly shooting and killing a man in Springfield. Mr. Nutting also gave a report on current projects as follows: The old telephone poles were removed on Fifth Avenue West today by the Electric Department and the contractor will be pouring new sidewalk panels to complete construction of the project. The new capacitor bank for the water treatment plant was commissioned and placed into service at the end of August.  Work is complete on the new 8-inch water main extension along Reeder School Road and all of the customer service connections to the new main have been made. Construction on the 8-inch water main extension along New Chapel Road will begin this week. The new tennis courts at Garner Street Park are nearly completed. The new walking track has been installed at The Center it has to cure for approximately a week before it can be used. The Public Works Department has constructed new sidewalk on the east side of Batts Boulevard between Central Avenue and 16th Avenue. The installation of the new roof at the Main Fire Station has been completed and the installation of the new roof and nine (9) new HVAC units at City Hall has been completed. The manufacturing schedule for the fire pumper truck has been moved up and delivery is expected in early December. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder