Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING MAY 15, 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 Alderman Ann Schneider City Clerk Connie W. Watson Alderman Bruce Head City Attorney Jim Balthrop Board absent Vice Mayor Jerome Ellis 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. 1.3 Public Hearing: Ordinance 12-05, rezoning property located at 2113 South Main Street from R7, Residential to R20, Low Density Residential for owner Mac Baggett. 1.4 Alderman Hubbard moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on April 17, 2012. The motion was seconded and approved unanimously. 2.0 Legislative 2.1 Alderman Mason moved for the approval of Ordinance 12-03 on 3rd and final 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 and passed by 4-0-1 roll call vote. Ayes: Schneider, Carneal, Hubbard, Mason Nayes: 0 Abstain: Head 2.2 Alderman Hubbard moved for the approval of Ordinance 12-05 on 2nd reading, an ordinance rezoning property located at 2113 South Main Street from R7, Residential, to R20, Low Density Residential, for owner Mac Baggett. The motion was seconded and passed by 5-0 roll call vote. 2.3 Alderman Hubbard moved for the approval of Resolution 12-09, a resolution accepting an Irrevocable Letter of Credit in the amount of twenty-one thousand five hundred dollars ($21,500) for Oakland Farms, Phase 3, Section 5, for developer Russell Fox. The motion was seconded and passed by 5-0 roll call vote. 1.2 Mr. Curtis Holland was recognized with a proclamation for his many contributions to the tennis community and naming the tennis courts at Garner Street Park, “The Curtis Holland Tennis Complex.”. 3.0 Administrative 3.1 Alderman Hubbard moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.02311 per kilowatt-hour to $0.02363 per kilowatt- hour effective June 1, 2012. The motion was seconded and passed by 5-0 roll call vote. This adjustment represents an increase of 0.7 % in the wholesale electric rates resulting in an increase of $0.50 to $1.00 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 May as presented. The motion was seconded and passed by 5-0 roll call vote. 3.3 Robert Gardner, Director of Electric Utilities, briefed the Board on the joint cost agreement between Tennessee Valley Authority (TVA) and the City of Springfield. He stated that periodically TVA conducts a review of the shared operational costs between a municipal electric system and other city departments to ensure the proper allocation of the shared operational costs. Mr. Gardner informed the Board that the current joint cost study has determined a monthly inequity to the electric department of $4,994.12, or approximately $60,000.00 per year. The City Manager, City Recorder, and Accounting Supervisor met with Electric Department staff and TVA representatives to discuss the recommended changes and, after further review, reached agreement on the recommendations of the final study.  Alderman Hubbard moved to authorize the agreement between Tennessee Valley Authority (TVA) and the City of Springfield for the allocation of shared operational costs. The motion was seconded and passed by 5-0 roll call vote. 3.4 Robert Gardner, Director of Electric Utilities, briefed the Board on the unsuccessful attempts made by Springfield Electric to renew the pole attachment agreement with Comcast that expired on July 16, 2008. The expired contract was a six (6) year agreement with the pole attachment rate of $9.00 per year. Mr. Gardner informed the Board that due to substantial increases in the cost of pole maintenance materials and operational costs, they are seeking a new agreement with Comcast at the proposed rate of $16.31, based on the FCC telecommunications formula. He stated that at this point, Comcast has been unwilling to enter into an agreement at the new proposed rate and because of that, he is recommending that Mr. Mark Smith, an attorney with Miller Martin Attorneys in Chattanooga, be retained to represent the Springfield Electric Department. Mr. Gardner informed the Board that Mr. Smith is well known for his ability to negotiate and has represented other distributers successfully in similar pole attachment fee negotiations with Comcast. Alderman Hubbard moved to retain attorney Mark Smith, with Miller Martin Attorneys in Chattanooga, at a fee of $265.00 per hour, to assist in negotiating an agreement with Comcast for the pole attachment fee. The legal fee is not to exceed $20,000. The motion was seconded and passed by 5-0 roll call vote. 3.5 Robert Gardner, Director of Electric Utilities, informed the Board that Tennessee Valley Authority had recently performed a street lighting analysis on the amount Springfield Electric Department charges the City for street and ball field lighting. He stated that the analysis determined that the facility charge needs to increase from 11% of installed cost to 12% percent of installed cost. Mr. Gardner stated that this proposed change in charges will not affect wholesale or retail electric or security light rates. Alderman Hubbard moved for approval to increase the facility charge for streets and ball field lighting to 12% from the current rate of 11%. The motion was seconded and passed by 5-0 roll call vote. 3.6 Alderman Schneider moved to approve the recommendation of the City of Springfield Traffic Committee to post Experiment Station Road, from US 41 to Old Greenbrier Pike as “No Thru Trucks”. The motion was seconded and passed by 5-0 roll call vote. 3.7 Alderman Hubbard moved to authorize additional compensation in the amount of $10,150.00 to Hastings Architecture Associates for the extended construction period services on the Highland Crest-College Campus project. The motion was seconded.  David Brewer, City Engineer, briefed the Board on the request from Hastings Architecture Associates for additional compensation due to issues that required the services of Hastings Architecture Associates and Hawkins Partners after the contractual end date of construction. Mr. Brewer stated that based on the amount of extended work that they had to perform, the additional compensation of $10,150.00 is reasonable. He informed the Board that Robertson County would be responsible to pay half of this amount and that the Buildings and Grounds Committee has authorized the expenditure. The motion was brought back and passed by 5-0 roll call vote. 3.8 Alderman Hubbard moved to authorize that the enforcement action mandated by the Environmental Protection Agency come in the form of an administrative order for the correction of sewer system overflows. The motion was seconded. The City Manager informed the Board that sewer system overflows caused by infiltration and inflow have been discovered throughout the city and county. The Environmental Protection Agency has informed the City that a formal enforcement action is forthcoming. Mr. Nutting stated that a conference call is scheduled at the end of the month with EPA to advise them of the City’s preference as to which form of the enforcement action we are requesting to take. The enforcement action can either take the form of an administrative order or a consent decree. He stated that staff is of the opinion that five (5) years is a reasonable time frame to fix the sewer system and recommends the enforcement action in the form of an administrative order. The motion was brought back and passed by 5-0 roll call vote. 3.9 Alderman Schneider moved to amend Robertson County Chamber of Commerce’s parade permit application for the “Taste of Country,” to include the “Taste of Country 5K Run.” The motion was seconded and passed by 5-0 roll call vote. 3.10 Alderman Hubbard moved to approve a request from the Springfield Police Department to submit an application for a Justice Assistance Grant in the amount of $15,509 with no match required by the City. The motion was seconded. Chief Thompson informed the Board that the grant would be used to purchase firearms to replace firearms. The motion was brought back and passed by 5-0 roll call vote. 3.11 Alderman Head moved for discussion of the property located at 2506 Queen Ann Court. The motion was seconded. The City Manager and Allen Ellis, Director of Public Works, updated the Board on the property located at 2506 Queen Ann Court that that was to be purchased in order to improve the adjacent detention pond. No action was taken. 4.0 Consent Alderman Hubbard moved for the approval of consent items 4.1 and 4.2. The motion was seconded and passed by 5-0 roll call vote. 4.1 Springfield Water/Wastewater Department request for approval to award the bid for the 2012 Water System Improvements, Phase A to Cleary Construction, Inc. in the amount of $437,925.00. 4.2 The Public Works Department request for approval to award the bid for tub grinding and removal of brush at the disposal site at Travis Price Park to Alternate Energy, LLC of Nashville, TN in the amount of $22,500.00. 5.0 City Manager’s Report Mr. Nutting stated that twenty-six (26) blighted structures have been removed since January 1, nineteen (19) by the owners and seven (7) by the City. A total of six (6) unsafe structures are undergoing repair by the owners. The City has awarded a bid to have a contractor remove a house on 15th Avenue West. A City contractor is in the process of removing asbestos from two (2) structures on Jarrett Street and the City is taking sealed bids for the demolition of the structures. He distributed copies of the Phase I Environmental Site Assessment for the Hail and Cotton property located at 200 9th Avenue East. Mr. Nutting also distributed copies of the letter to Mayor Howard Bradley requesting the assistance of the Robertson County Commission in providing adequate financial support for dispatch services provided at the E-911 Consolidated Communications Center. Mr. Nutting commended the Springfield Police Department for their rapid response and arrests with regard to the recent bank robberies. He also commended the employees of the Robertson County Credit Union and Commerce Union bank for their exceptional conduct and level of professionalism. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder