Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING APRIL 17, 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 Ann Schneider City Attorney Jim Balthrop Alderman Bruce Head Alderman Shane Shoemaker 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 12-03, an ordinance rezoning properties at 1014 and 1020 Bradley Drive from RI, Restricted Industrial to MRO, Multiple Residential and Office, for owners Bruce Head and John Thomas. 1.3 Alderman Mason moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on March 20, 2012 and special meeting of March 27, 2012. The motion was seconded and approved unanimously. 1.4 The Mayor informed the Board that two items needed to be added to the agenda. The first item was to name the tennis courts at Garner Street Park, and the second item was to authorize an emergency repair of the Carr Creek sewer interceptor. Alderman Schneider moved to amend the agenda by adding as item 3.12, the naming of the tennis courts at Garner Street Park and as item 3.13, authorizing a change order for an emergency repair of the Carr Creek sewer interceptor. The motion was seconded and passed by 7-0 roll call vote. 2.0 Legislative 2.1 Alderman Shoemaker moved for the approval of Ordinance 12-01 on 3rd and final 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 and passed by 7-0 roll call vote. 2.2 Alderman Hubbard moved for the approval of Ordinance 12-02 on 3rd and final reading, an ordinance adopting the 2006 International Energy Conservation Code. The motion was seconded The City Manager informed the Board that the International Energy Conservation Code was adopted by the State approximately a year and half ago as a state-wide requirement. Mr. Nutting stated that this energy code does not have the same type of administration as other codes. It does not have an Appeals Board or require permits or fees for inspections. He informed the Board that the last set of codes passed by the International Building Code Congress and adopted by the City have already incorporated provisions of the International Energy Conservation Code. Alderman Shoemaker stated that he would not support any wording from the “International Energy Conservation Code,” be added to our local code. In his opinion, this could open doors for future encroachment of organizations with the City having no control. The motion was brought back and passed by 6-1 roll call vote. Ayes: Ellis, Hubbard, Schneider, Carneal, Mason, Head. Nayes: Shoemaker. 2.3 Alderman Hubbard moved for the approval of Ordinance 12-03 on 2nd reading, an ordinance rezoning the Bruce Head and John Thomas properties located 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. Gina Head, Senior Planner, informed the Board that Lots 7 and 8 on Bradley Drive, as currently zoned, would restrict and prevent the potential buyers’ plan to build an activity center for children on the property. The rezoning of the lots will allow the buyers to build the activity center. The motion was brought back and passed by 7-0 roll call vote. 2.4 Alderman Hubbard moved for the approval of Ordinance 12-04 on 3rd and final 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 and passed by 7-0 roll call vote. 2.5 Alderman Hubbard moved for the approval of Ordinance 12-05 on 1st reading. An ordinance rezoning property located at 2113 South Main Street from R7, Residential, to R20, Low Density Residential, for owner Mac Baggett. Gina Head, Senior Planner, informed the Board that part of the property in question is already zoned R20. The portion of the property facing South Main Street is currently zoned R7. The street directly across and adjacent to South Main Street, 21st Avenue West (off South Main Street) is zoned R20. The recommendation of the Springfield Regional Planning Commission and the Community Development Department is to rezone the property to maintain consistency of zoning. While both zones are “Residential”, R7, Residential, is higher density, with requirement of 7000 sq ft and R20, Residential, is lower density, with a requirement of 20,000 sq ft. The motion was brought back and passed by 7-0 roll call vote. 2.6 Alderman Schneider moved for the approval of Resolution 12-10, 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 a desk and two (2) chairs assigned to the Police Department. 3.0 Administrative 3.1 Mr. Frank Callis updated the Board on the Electrolux facility expansion project. His comments included remarks regarding the favorable experience that Electrolux had in working with the City on the assigned construction of the facility. 3.2 Alderman Hubbard moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.02163 per kilowatt-hour to $0.02311 per kilowatt- hour effective May 1, 2012. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents an increase of 1.5 % in the wholesale electric rates resulting in an increase of $1.00 to $3.00 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 April as presented. The motion was seconded and passed by 7-0 roll call vote. 3.4 The City Manager recognized City Attorney Jim Balthrop to discuss the estimated costs related to the acquisition of the property located at 200 9th Avenue East, that Hail and Cotton is proposing to donate to the City. Mr. Balthrop informed the Board that that the estimated costs he has prepared to acquire the title to the property located at 200 9th Avenue East does not include any expenses for maintenance and repairs that may be needed for the building. He reiterated his opinion that the law would not permit the City to waive property taxes for the City or the County. The property taxes would be pro-rated for the half year prior to transfer of ownership of the property to the City. The City would pay both the City and the County property taxes. The total estimates for costs related to acquisition of the property amount to $6,450.00. He recommended that the City take the responsibility for the selection of the professionals that will appraise the property and perform the environmental assessment. He further stated that if the City chooses not to do so, that a cap be placed on the amount associated with these costs. Alderman Ellis proposed that the environmental assessment be done on the property prior to the City accepting Hail and Cotton’s offer for the donation. Alderman Head moved to accept the proposal from Hail and Cotton with the following stipulations: 1) the property has a clean environmental assessment, 2) Hail and Cotton will select the appraiser for the property, 3) the City will approve the appraisal fee and 4) the City will be responsible for the City and the County property taxes assessed on the property prior to the date the property transfers to the City. The motion was seconded and passed by 7-0 roll call vote. 3.5 Alderman Mason moved to discuss providing financial support of $5,000 for the annual “Taste of Country” event. The motion was seconded. After discussion, Alderman Hubbard moved to appropriate $5,000 in support of the annual “Taste of Country” event. The motion was seconded and passed by 7- 0 roll call vote. 3.6 Alderman Mason moved for the approval of the following parade applications, the motion was seconded and passed by 7-0 roll call vote. 1. The Farmers Bank request to hold a “Motorcycle Run/Cruise In,” for Relay for Life on May 5, 2012, from 11:00 a.m. to 4:00 p.m. The run will start on Memorial Blvd, to Highway 76 into Montgomery County and end at Farmers Bank on Central Ave.  2. Robertson County Chamber of Commerce request to hold Earth Day, a free recycling and community clean up day, on April 22, 2012 from 2:00 p.m. to 4:00 p.m. They are requesting to close off the west side of the Square to 6th Avenue. 3. Covenant Confirmers Ministries Inc. request to hold their annual “Covenant Confirmers Motorcycle Rally,” on June 2, 2012, from 10:30 a.m. to 1:00 p.m. The motorcycle ride will start at 300 10th Avenue East (Church parking lot), to 431 North (just outside the city limits). Once outside the city limits the route will reverse. The motorcycle ride is approximately three (3) miles long. 4. Robertson County Chamber of Commerce request to hold “Spirits of the South” and the annual “Taste of Country” event on June 8, 2012. They will start setting up for the events at 3:00 p.m. The “Spirits of the South” event will start at 6:00 p.m. and end at 10:00 p.m. They are requesting to close the west side of the Courthouse Square, 6th Avenue, and Locust Street. 5. Robertson County Chamber of Commerce request to hold the annual “Taste of Country” event on June 9, 2012 from 6:00 a.m. to 8:00 p.m. They are requesting the following streets to be closed: Main Street, from 5th Avenue to 7th Avenue; Locust Street, from 5th Avenue to 7th Avenue; the west side of the Courthouse to 6th Avenue; and, 7th Avenue, from Main Street to Cheatham Street (with the exception of bank traffic before 12:00 (Noon). 6. Greater Faith Community Action Corporation is request to hold a “Drug Awareness Day” rally, on June 30, 2012, from 10:00 a.m. to 2:00 p.m. on the Courthouse Square. 7. United Way of Robertson County request to hold their “4th Annual United Way of Robertson County Big BBQ Bash.” They are requesting to close off Locust Street, from the corner of 5th Avenue (back of the Chamber office) to the former Alternative School (including the parking lot) at 7:00 a.m. and at 4:30 p.m. the west side of the Courthouse Square and 6th Avenue West on Friday, October 12, 2012. For the event on Saturday, October 13, 2012, they are requesting to close off South Main Street, from 5th Avenue to 7th Avenue. These streets are to remain closed from 9:00 a.m. to 5:00 p.m., until the completion of the event on Saturday, October 13, 2012. 3.7 Alderman Hubbard moved for the approval of a request from the Public Works Department for a change order to the annual street repair and maintenance contract with Sessions Paving Co., Inc. to allow for the asphalt pavement sealing and repair at The Legacy golf course parking lot and the downtown parking lot (between 7th Avenue and Main Street) in the amount $18,937.92. The motion was seconded and passed by 7-0 roll call vote. 3.8 Alderman Hubbard moved to approve the purchase on state contract thirty-one (31) air cards from Verizon Wireless at an annual cost of $14,876.28, to be used for transmitting and receiving data for the mobile data terminals in police vehicles. The motion was seconded. The City Manager informed the Board that the initial source of funds for the purchase of the air cards would be from the Drug Fund. The air cards will become a recurring operating expense in the Police Department budget after the first year. The motion was brought back and passed by 7-0 roll call vote. 3.9 Mr. Nutting summarized the information he provided in the memorandum that was placed in the meeting packet. He stated that the costs to provide dispatch services at the E-911 Consolidated Communications Center have not been fairly distributed since the facility was opened in August 2010. At the time the facility was placed into operation, the Springfield Police Department transferred all of its radio dispatch personnel, nine (9) full-time and two (2) part-time, to the communications center. The Robertson County Sheriff’s Department transferred an equal number of dispatch personnel to the communications center but kept six (6) of their dispatchers at the Sheriff’s Office assigned to other duties. All of the City of White House dispatchers, four (4) full-time and one (1) part-time, were transferred to the new facility in August 2011. The result of the Sheriff’s Department action is that the Sheriff’s Department has reduced its dispatch costs considerably, while the City of Springfield and the City of White House are now subsidizing emergency communications calls for Robertson County, all of the smaller cities in the county, and all of the volunteer fire departments within the county. Mr. Nutting stated that the intent of the new communications center was not to decrease the County’s costs at the expense of the cities of Springfield and White House, but to have all three entities benefit from the economies of scale. Now that the major organizational and management issues have been resolved with all radio dispatch personnel working for the City of Springfield, it is time to allocate dispatch costs proportionately among Robertson County, Springfield, and White House based on the actual calls for service. The easiest and best solution at this point in time is for each entity to pay for its proportionate fair share of dispatch costs based on a formula that would divide the total dispatching operations budget, as required for efficiency, by each individual entity’s calls for service. This will allow each of the three (3) entities to take advantage of efficiency and savings. The City of Springfield is currently paying 41.6% of the total costs for communications but only has 23.9% of the calls for service. The City of White House is paying 16.3% of the total costs for communications with approximately 13% of the calls for service.  Alderman Ellis made the motion to address Robertson County of our concerns over the imbalance of cost distribution for the dispatch services at the E-911 Consolidated Communications Center. If Robertson County does not offer to contribute their appropriate portion for the dispatch services, offer the resolution of each entity involved in the E-911 agreement will have to pay for the percentage of the total cost of E911 Dispatch based on the percentage of calls received for their jurisdiction. The motion was seconded and passed by 7-0 roll call vote. 3.10 Alderman Shoemaker moved to approve the proposed new policy on heavy trash collection. The motion was seconded. The City Manager briefed the Board on the proposed policy and stated it would become effective July 1, 2012. He stated that residents will be informed of the new policy that the City would no longer pick up heavy trash each month. The heavy trash pick up will be done two times a year during the months of April and October. There will be no changes in the monthly brush and limb collection service or the fall leaf collection service, which will continue to be provided in the same manner as currently provided. The motion was brought back and passed by 6-1 roll call vote. Ayes: Mason, Shoemaker, Carneal, Hubbard, Head, Schneider. Nayes: Ellis. 3.11 Alderman Hubbard moved to authorize the purchase of a new police vehicle on state contract in the amount of $20,674 to replace one that was recently damaged in an accident. The motion was seconded and passed by 7-0 roll call vote. 3.12 Dr. Barry Sims addressed the Board and presented them with a signed petition requesting that the tennis courts at Garner Street Park be named the Curtis Holland Tennis Courts. Alderman Hubbard moved to name the tennis courts at the Garner Street Park the Curtis Holland Tennis Complex. The motion was seconded and passed by 7-0 roll call vote. 3.13 Alderman Shoemaker moved for approval to authorize the emergency repair of the exposed Carr Creek sewer interceptor and to approve a change order for the Parchman Construction Company contract for such repair in the amount not to exceed $212,645. The motion was seconded and passed by 7-0 roll call vote. 4.0 Consent Alderman Hubbard moved to approve consent items 4.1 and 4.2. The motion was seconded and passed by 7-0 roll call vote. 4.1 Springfield Police Department request for approval to award the bid for tasers, cartridges, holsters, training, and targets. Recommend: Gulf States Distributors Total Amount: $61,569.40 4.2 The Public Works Department request for approval to award the bid for mowing of certain right-of-ways & litter removal. Recommend: TRH Contractors Total Amount: $16,640.00 5.0 City Manager’s Report 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder