Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING OCTOBER 18, 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 Public Hearing: Ordinance 11-10, 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.” 1.3 Alderman Shoemaker moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on September 20, 2011. The motion was seconded and approved unanimously. 2.0 Legislative 2.1 Alderman Hubbard moved for the approval of Ordinance 11-10 on 2nd 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 the proposed ordinance is to modify the “Pit Bull” ordinance that the City has had in existence for eleven (11) years. Mr. Nutting stated that there are two changes to the current ordinance in the proposed ordinance. The changes are the removal of the insurance requirement and the addition of an initial registration fee of fifty dollars ($50.00) for each pit  bull. The current ordinance requires that the owner of a pit bull obtain insurance prior to registering the animal. He stated that this type of insurance cannot be obtained and, therefore, the requirement cannot be met and should be removed. The one time fifty dollar ($50) fee is to cover the administrative costs of the City Recorder in registering each pit bull and for expenses of the Animal Control Department in making site visits to ensure compliance. Mr. Nutting stated that in his opinion, regardless of whether the Board decides to keep, modify or eliminate the one time fifty dollar ($50) registration fee, the insurance provision should be eliminated from the ordinance. Each Board member was given the opportunity to express their concerns and opinion on the proposed ordinance. Alderman Hubbard moved to defer from taking action on Ordinance 11-10 until the Board has a chance to receive clarification and a better understanding of expressed concerns in regard to the ordinance. The motion was seconded and passed by 7-0 roll call vote. 2.2 Alderman Hubbard moved for the approval of Ordinance 11-11 on 1st reading, an ordinance amending Title 8 of the Springfield Municipal Code by amending Chapter 2 entitled “Beer” by rescinding Section 8-211 entitled “On-premise” in its entirety and substituting a new Section 8-211 and adding a new Section 8-217 entitled “Special Occasion Permit.” The motion was seconded. The City Manager briefed the Board on the proposed ordinance and stated that the amended Chapter 2 would read the same as the current chapter with the exception of two additions. Section 8-217 is added to Chapter 2 and authorizes the Beer Board to issue special occasion permits for beer sales to organizations that have qualified for and received a special occasion license from the State Alcoholic Beverage Commission. Mr. Nutting stated that the proposed ordinance nullifies the distance requirement from a church or a school when a special occasion permit, which is temporary and short-term, is authorized for a festival. An organization submitting an application for a special occasion permit will be required to submit a written statement to the City Recorder stating that they are familiar with all the requirements and agree to abide by them in the on-premise sale of beer under the special occasion permit. He also stated that after reviewing the proposed ordinance, the Beer Board has recommended that the fifty dollar ($50.00) special occasion permit fee per twenty-four (24) hour period should be changed to one hundred dollars ($100.00). This is the same rate the State charges to obtain a special occasion license. Alderman Hubbard moved to amend the proposed Ordinance 11-11 by changing the fee for a special occasion permit from fifty dollars ($50) to one hundred dollars ($100) as recommended. The motion was seconded and passed by 7-0 roll call vote.  The original motion for the approval of Ordinance 11-11 was brought back and passed by 5-2 roll call vote. Ayes: Shoemaker, Schneider, Carneal, Mason, Head. Nayes: Ellis, Hubbard. 2.3 Alderman Schneider moved for the approval of Ordinance 11-12 on 1st reading, an ordinance reapportioning the aldermanic wards of the City of Springfield using the 2010 census block population numbers. The motion was seconded and passed by 7-0 roll call vote. This ordinance will reapportion the aldermanic wards to meet the requirement of not having more than a ten percent (10%) difference in population between each ward. 2.4 Alderman Hubbard moved for the approval of Ordinance 11-13 on 1st reading, an ordinance establishing a utility for storm water management and establishing the method to be used in calculating a storm water user fee for all parcels located within the city, and establishing storm water user fees for all residential, commercial and industrial properties located within the city of Springfield. The motion was seconded. The City Manager informed the Board that a monthly storm water user fee for all customers is necessary to fund the annual costs of the administration, inspection, operation, maintenance and construction of storm water facilities to meet the federal requirements for the National Pollutant Discharge Elimination System. The base amount of impervious surface for storm water drainage for each equivalent residential unit (ERU) has been calculated to be 3,430 square feet. Based upon the calculated ERU, the annual budget for the storm water utility will require a $2.00 monthly fee for each ERU rather than the $2.50 monthly fee as currently shown in the proposed ordinance. Mr. Nutting recommended that the Board amend the proposed ordinance by reducing the fee per ERU shown in Sections 1, 3 and 4 from $2.50 per month to $2.00 per month. He also informed the Board that all residential customers will pay a fee of $2.00 per month. Mr. Nutting stated that individual commercial and industrial customers will pay monthly fees based upon the number of equivalent residential units (ERUs) of impervious surface located on their properties. For example, a commercial property with three ERU’s of impervious surface will pay $6.00 per month. Alderman Ellis moved to amend Sections 1, 3 and 4 of the proposed ordinance by reducing the monthly fee per ERU from $2.50 to $2.00. The motion was seconded and passed by 7-0 roll call vote. The original motion was brought back and passed by 7-0 roll call vote. Mr. Tom Allen representing Neel-Schaffer, Inc., the City’s storm water consultant, answered questions from the Board. He informed them that the  equivalent residential unit (ERU) is derived from the average impervious area of all single family residences within the city. Impervious area includes the square footage of roofs, patios and driveways. All of the impervious areas were added together and then divided by the number of residential parcels within the city limits to determine the ERU. 2.5 Alderman Hubbard moved for the approval of Resolution 11-24, a resolution authorizing the incurrence of indebtedness by the City of Springfield, not to exceed $1,750,000, to incur indebtedness through the execution with the Public Building Authority of the City of Clarksville, Tennessee a loan agreement to provide funding for certain gas system projects and to fund the incidental and necessary expenses related to it. The motion was seconded and passed by 7-0 roll call vote. 2.6 Alderman Mason moved for the approval of Resolution 11-24, a resolution authorizing a loan agreement between the City of Springfield and the Public Building Authority of the City of Clarksville, Tennessee in the principal amount of not to exceed $1,750,000; authorizing the execution and delivery of such loan agreement and other documents relating to the loan; approving the issuance of a bond by such Public Building Authority; providing for the application of the proceeds of said loan and the payment of such indebtedness; and, consenting to the assignment of the City obligation under such loan agreement. The motion was seconded and passed by 7-0 roll call vote. 2.7 Alderman Ellis moved for the approval of Resolution 11-25, 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. The resolution authorizes the disposal of certain surplus property owned by the Fire Department. 3.0 Administrative 3.1 Alderman Hubbard moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.02332 per kilowatt-hour to $0.02279 per kilowatt- hour effective November 1, 2011. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents a decrease of 0.7% in the wholesale electric rates resulting in a decrease of approximately $0.50 to $1.00 on an average residential electric bill. 3.2 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. 3.3 Alderman Hubbard moved for the reappointment of Mr. Greg Bell as the Ward 1 representative to the Springfield Industrial Board and the Health and Education Facilities Board. The motion was seconded and passed by 7-0 roll call vote. 3.4 Alderman Hubbard moved to approve an extension of four (4) transportation and storage agreements between the City of Springfield and Tennessee Gas Pipeline Company. The motion was seconded and passed by 7-0 roll call vote. 3.5 Scott McDaniel, Codes Administrator, updated the Board on the request from Mr. Mike Justice. Alderman Hubbard moved to deny a request from Mr. Mike Justice to have the City, at its sole expense, demolish the house he owns at 309 19th Avenue East so that he can replace it with a new home. The motion was seconded and passed by 7-0 roll call vote. 3.6 Alderman Hubbard moved for consideration a request from County Mayor Howard Bradley for the City of Springfield to assist in funding a Comprehensive Plan for Robertson County. The motion was seconded. George James, Director of Planning, informed the Board that Mayor Bradley is proposing that all local governments in the County work together to develop a county-wide comprehensive plan. He is requesting the City of Springfield to appropriate $12,500 for this fiscal year and another $12,500 for the next fiscal year to help pay for the cost of consultants. The motion was brought back and failed by 0-7 roll call vote. 3.7 Alderman Hubbard moved to approve a request by the Parks and Recreation Department to purchase a new utility vehicle to replace the Toro Workman that is too expensive to repair and has been taken out of service. The motion was seconded and passed by 7-0 roll call vote. 3.8 The Board discussed the possibility of eliminating or modifying heavy trash pick- up in the City. No action was taken. 3.9 Alderman Hubbard moved to approve a request from Mrs. Sujata Mayankkumar Patel for a Certificate of Compliance to open a retail alcoholic beverage store. The motion was seconded and passed by 7-0 roll call vote. Mr. Timothy Sloan, owner of Berry Delite, was given an opportunity to express his opposition to the new retail alcoholic beverage store opening next door to his business. 4.0 Consent 5.0 City Manager’s Report Mr. Nutting presented a report on substandard structure removal in blighted areas for 2011 to date as follows: 18 structures removed by City 21 structures removed by owner 7 structures repaired 3 structures removed that were not processed by the City 31 structures waiting to be removed or appealed Mr. Nutting updated the Board on various projects as follows: The contractor began paving Legacy Drive today and work should be complete tomorrow or the next day depending on the weather. The new 1.5 million gallon water tank on Highway 431 South has been painted and raised to the top of the concrete column where construction of the tank will continue. The third Habitat for Humanity house is under construction on the site of the former 15th Avenue Park. The new 8-inch water main extension along New Chapel Road is well under construction. The line will extend approximately 1,600 feet and 500 feet of main has been installed to date. The new crime scene investigation vehicle has been fully equipped and is in the process of being stocked with the necessary supplies. The consultants for the Long-Term Water and Wastewater Master Plan would like to make a brief presentation to the Board at the November regular meeting with regard to wastewater options and would like to meet with the Board in a workshop session after the first of January to discuss water options. The new sewer system extension project along Highway 41 North is very near completion and a walk through inspection of the project will be held next week. The Parks and Recreation Department is planning on having Winter Wonderland again this year at Travis Price Park. Due to budget considerations, the event may be drive-thru only rather than walk or drive. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder