Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING MARCH 20, 2012 Board present Staff present Mayor Billy Paul Carneal City Manager Paul John Nutting Alderman James Hubbard Asst. City Manager Regina Holt Alderman Willie Mason City Recorder Jane Shugart Murphy Vice Mayor Jerome Ellis City Clerk Connie W. Watson Alderman Shane Shoemaker City Attorney Jim Balthrop Board absent Alderman Bruce Head Alderman Ann Schneider 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: 1. Ordinance 12-01, amending Title 10 of the Springfield Municipal Code entitled “Animal Control” by amending Chapter 2 entitled “Dogs and Cats.” 2. Ordinance 12-02, an ordinance to adopt the 2006 International Energy Conservation Code. 1.3 Alderman Mason moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on February 21, 2012. The motion was seconded and approved unanimously. Alderman Hubbard gave a report on the National League of Cities Congressional City Conference that he and Mayor Carneal attended in March. 2.0 Legislative 2.1 Alderman Hubbard moved for the approval of Ordinance 12-01 on 2nd reading, an ordinance amending Title 10 of the Springfield Municipal Code entitled “Animal Control” by amending Chapter 2 entitled “Dogs and Cats” by rescinding Section 10-203 entitled “Dogs Not Allowed At Large – Exception” in its entirety and substituting a new Section 10-203 entitled “Dogs Not To Run At Large.” The motion was seconded. The City Manager informed the Board of a recommended amendment to the second sentence in paragraph (1) of Section 10-203 of the proposed ordinance. He stated that the recommended amendment is based on the ordinance of the City of Tullahoma. The second sentence would be changed to read as follows: “A dog, not classified as vicious, that is upon the running board or in the bed of a truck, or is enclosed within the cab of a vehicle shall be considered on the premises of the owner.” The proposed ordinance, as it currently reads, requires a dog to be caged or leashed within the bed of a truck. Mr. Nutting stated that both the City Administrator and the Animal Control Supervisor for the City of Tullahoma told him that they were satisfied with their ordinance as it pertains to the leash law and dogs transported in vehicles. Mr. Nutting recommended that the Board amend the ordinance as presented. Alderman Ellis moved to amend Ordinance 12-01 to read as recommended by the City Manager. The motion was seconded. Alderman Shoemaker moved to amend the amended version of the ordinance to include “cats” not to run at large. The motion was seconded and failed by 2-3 roll call vote. Ayes: Shoemaker, Mason. Nayes: Ellis, Hubbard, Carneal. The motion to amend the ordinance to read as recommended by the City Manager was brought back and passed by 5-0 roll call vote. The original motion for the approval of Ordinance 12-01 was brought back and passed by 5-0 roll call vote. 2.2 Alderman Hubbard moved for the approval of Ordinance 12-02 on 2nd reading, an ordinance adopting the 2006 International Energy Conservation Code. The motion was seconded and passed by 4-1 roll call vote. Ayes: Carneal, Mason, Ellis, Hubbard. Nayes: Shoemaker. 2.3 Alderman Hubbard moved for the approval of Ordinance 12-03 on 1st reading, an ordinance rezoning the Bruce Head and John Thomas properties at 1014 and 1020 Bradley Drive, Lots 7 and 8, of Springfield Business Park from RI, Restricted Industrial to MRO, Multiple Residential and Office. The motion was seconded and passed by 5-0 roll call vote. 2.4 Alderman Hubbard moved for the approval of Ordinance 12-04 on 1st reading, an ordinance amending the schedule of fees and charges for play at The Legacy golf course by rescinding Ordinance 08-31 in its entirety and substituting a new schedule of fees. The motion was seconded. The City Manager informed the Board that the proposed ordinance authorizes an increase of one dollar ($1.00) for the 18-hole cart fee and an increase of fifty cents ($0.50) for the 9-hole cart fee. He stated those were the only recommended changes in the new schedule of fees for The Legacy golf course. The motion passed by 5-0 roll call vote. 2.5 Alderman Shoemaker moved for the approval of Resolution 12-05, a resolution declaring certain property surplus and authorizing the disposal of such property. The motion was seconded and passed by 5-0 roll call vote. The City Manager briefed the Board on the following three (3) capital outlay note resolutions. He explained that the first resolution authorizes a four (4) year note for the General Fund, the second resolution authorizes a ten (10) year note for the General Fund, and the third resolution authorizes a five (5) year note for the Water/Wastewater Operating Fund. 2.6 Alderman Mason moved for the approval of Resolution 12-06, a resolution authorizing the issuance, sale, and payment of a capital outlay note not to exceed $229,663 pursuant to the informal bid process. The motion was seconded and passed by 5-0 roll call vote. Resolution 12-06 authorizes a four (4) year capital outlay note to provide funds for projects and equipment for City Hall, the Public Works Department, Parks and Recreation Department, Finance Department, Fire Department and The Legacy golf course. 2.7 Alderman Hubbard moved for the approval of Resolution 12-07, a resolution authorizing the issuance, sale, and payment of a capital outlay note not to exceed $680,000 pursuant to the informal bid process. The motion was seconded and passed by 5-0 roll call vote.  Resolution 12-07 authorizes a ten (10) year capital outlay note to provide funds for street paving. 2.8 Alderman Hubbard moved for the approval of Resolution 12-08, a resolution authorizing the issuance, sale, and payment of a capital outlay note not to exceed $635,670 pursuant to the informal bid process. The motion was seconded and passed by 5-0 roll call vote. Resolution 12-08 authorizes a five (5) year capital outlay note to provide funding for the purchase of various items of equipment for the Water/Wastewater Department. 3.0 Administrative 3.1 Alderman Hubbard moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.01953 per kilowatt-hour to $0.02163 per kilowatt- hour effective April 1, 2012. The motion was seconded and passed by 5-0 roll call vote. This adjustment represents an increase of 3.0 % in the wholesale electric rates resulting in an increase of $2.00 to $4.00 on an average residential electric bill. 3.2 Alderman Mason moved to approve the retail gas rates of the Springfield Gas Department for the month of March as presented. The motion was seconded and passed by 7-0 roll call vote. 3.3 Alderman Hubbard moved to approve the compensation for easements for the Phase IIB water line project along Highway 431S to Ms. Nancy Dorris in the total amount of $4,690.00 for easements No. 9 and No. 10 ($2,345.00 per easement), and the amount of $3,105.00 for easement No. 8, property that she jointly owns with her son, Mr. Stephen Johnson. The motion was seconded and passed by 5-0 roll call vote. 3.4 Alderman Hubbard moved to discuss a proposal by Hail and Cotton to donate the company’s building located adjacent to the Springfield Police Department to the City with certain conditions. The motion was seconded. The City Manager stated that the property donation would provide land to accommodate the future expansion of the Police Department. Mr. Nutting stated that the building itself would be of little use to the Police Department. Mr. Nutting informed the Board that he did not expect the Board to make any decision on the proposal at this time, but would like them to discuss the matter and possibly make a decision at the regular Board meeting in April.  The City Attorney informed the Board that Hail and Cotton’s proposal to donate this property had two stipulations. One is to waive all City and County property taxes. Mr. Balthrop stated that he is of the opinion that the law would not permit the City to waive City property taxes and that the City does not have the authority to waive County property taxes. The second stipulation is that the City would pay for all costs incurred with the closing and the transfer of ownership of the property. The Mayor made the recommendation that the motion be tabled until the total cost involved in the proposal has been researched. Alderman Ellis moved to table the motion. The motion was seconded and passed by 5-0 roll call vote. 3.5 Alderman Mason moved to approve funding the Summer Concert Series at the J.Travis Price Park in the amount of $4,000. The motion was seconded. Tony Felts, Director of Parks and Recreation, addressed the Board on whether they would entertain the idea of holding the Summer Concert Series this year. He reminded the Board that last year the scheduled concerts had to be called off because the line item expenditure was eliminated from the budget. Mr. Felts stated that the bands have to be scheduled in advance so he has to know if the Board intends to include funding in the budget for the next fiscal year. The motion was brought back and passed by 5-0 roll call vote. 3.6 Alderman Hubbard moved to approve a request from the Public Works Department to reallocate funds in the Street and Drainage budget originally budgeted for the purchase of a snowplow to be used for the purchase of a rotary mower instead. The motion was seconded and passed by 5-0 roll call vote. 3.7 Alderman Hubbard moved for the approval to amend the contract with Thurman Campbell Group, PLC for the City’s 2012 annual audit by increasing their fee by $10,000, from the amount of $40,000 to $50,000. The motion was seconded. Jane Murphy, City Recorder, informed the Board that the auditors for Thurman Campbell Group, PLC informed her that they could no longer honor the current contract to perform the City’s annual audit. Due to the extreme amount of write- off they had incurred for their services last year, they have determined to decline the third year of business rather than incur the loss again. She agreed that the amount of the write-off the firm incurred was extremely high and recommended that the Board consider an amendment to increase their fee by $10,000 for the final year of the contract. She informed the Board that the firm has agreed to complete the third year of their contract, if the Board agrees to amend their current contract by increasing it to $50,000 from the current amount of $40,000.  After some discussion, the Board passed the motion to amend the contract with Thurman Campbell Group, PLC for the City’s 2012 annual audit report by increasing their fee by $10,000, from the amount of $40,000 to $50,000 by 5-0 roll call vote. 3.8 Alderman Hubbard moved for the approval to purchase forty (40) tasers for the Police Department with funds from the Drug Fund. The motion was seconded. Chief David Thompson and his staff made a presentation illustrating the safety and effectiveness of tasers. The motion was brought back and passed by 5-0 roll call vote. 3.9 Alderman Mason moved to approve a request from Life Center of Robertson County (Senior Citizens Center) to hold a “Hotrod Reunion and Car Show,” on The Square. The event will take place on May 12, 2012, from 7:00 a.m. to 7:00 p.m. The motion was seconded and passed by 5-0 roll call vote. 3.10 Alderman Hubbard moved for the appointment of Mr. Steven Hieber to the Beer Board to serve out the remaining term of Ms. Rosemary Yates representing Ward 1. The motion was seconded and passed by 5-0 roll call vote. 3.11 Alderman Hubbard moved to approve staff’s recommendation to change bulky waste collection services. The motion was seconded. Allan Ellis, Director of Public Works, briefed the Board on the proposal to change how bulky waste is collected. He recommended that bulky waste collection be provided twice a year during the months of April and in October. In addition, an area will be designated at the Public Works Department where citizens can dispose of their bulky waste any time of the year during Public Works Department business hours. Mr. Ellis stated that the goal of restructuring the bulky waste pickup schedule is to eliminate the continuous eyesore of trash along the City streets. Monthly collection of trash and brush will continue as currently provided. The motion was brought back and passed by 5-0 roll call vote. 4.0 Consent The City Manager advised the Board that no action is needed for item 4.3 at this time and that it will be presented to them for action at the special meeting on March 27, 2012.  Alderman Mason moved the approval of items 4.1, 4.2, and 4.4 of the consent portion of the agenda. The motion was seconded and passed by 5-0 roll call vote. 4.1 Springfield Gas Department request for approval to award the bid for rotary meters, regulators and diaphragm meters. Recommend: Rotary Meters to Dresser Measurement Regulators to Experitec Diaphragm Meters to Elster American Meter 4.2 Springfield Police Department request for approval to award the bid for thirty-one (31) mobile data terminals for patrol vehicles. Recommend: Dell Marketing for Latitude E-5520 Computers 3-Year Warranty, Unit Price: $976.94 Total Price: $30,285.14 (31 Terminals) 4.3 Public Works Department request for approval to award the bid for an asphalt crack sealant machine to Crafco in the amount of $36,865.00. No action taken for item 4.3. 4.4 Public Works Department/Vehicle Maintenance department request to purchase a Chevy Colorado, a light duty pick-up truck, from the State of Tennessee Contract Bids in the amount of $16,083.00. 5.0 City Manager’s Report Mr. Nutting distributed a report from Roger Lemasters, Director of Water/Wastewater Utilities, on hazardous materials at the Precision Products building. He thanked Ann Ellis of the Finance Department for coordinating the effort to clean and reorganize the records storage area at City Hall which involved the removal of stored materials and outdated records and the installation of pallet racks for the current records. Ann was assisted by Valerie Lane of the Finance Department and employees from the Public Works, Fire, Gas, Water/Wastewater, Engineering, and Finance Departments who removed stored materials and old records, erected the pallet racks, and installed the wood shelving. The Fire Department’s B shift cut the lumber for the shelving and installed the shelving. Mr. Nutting recognized Mr. John Fyke and Unarco for their corporate citizenship in generously donating five (5) pallet racks of various sizes for the City’s use. He reported that the greens at The Legacy were aerated yesterday and today, a month ahead of the usual time in mid-April, in order to make them ready for the new golf season.  Mr. Nutting stated that the Water/Wastewater Department received notice today that the water system received a sanitary survey score of 95 which places it in the “Approved” category of public water systems in Tennessee. He informed the Board that Codes Administrator Scott McDaniel resigned his position over a week ago to return to his hometown in South Carolina. Mr. Nutting expressed his appreciation for Scott’s excellent work performance and his demonstrated professionalism during his tenure and he wished him good luck in his future endeavors. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder