Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING OCTOBER 16, 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 1.1 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 Hearings: 1. The location and design of a proposed cemetery at the second curb cut from Blackpatch Road on the north side of Batson Parkway. The cemetery will be developed by Mr. Billy Batson. 2. Ordinance 12-12, an ordinance amending the schedule of fees for play at the Legacy Golf Course and rescinding Ordinance 12-04. 1.3 Alderman Hubbard moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on September 18, 2012 and the special meetings held on September 4, and October 2, 2012. The motion was seconded and approved unanimously. 2.0 Legislative 2.1 Alderman Hubbard moved for the approval of Ordinance 12-12 on 2nd reading, an ordinance establishing a new schedule of fees for the golf course and rescinding Ordinance 12-04 in its entirety. The motion was seconded and passed by 7-0 roll call vote. 2.2 Alderman Schneider moved for the approval of Ordinance 12-13 on 1st reading, an ordinance amending Ordinances 08-32 and 10-05, and Title 9 of the Springfield Municipal Code entitled “Business, Peddlers, Solicitors, Etc.” by  amending Chapter 2 entitled “Peddlers, Etc.” by rescinding Sections 9-214, 9-215, 9-216, 9-217, 9-218, 9-219, and 9-220 in their entirety and substituting and adding new Sections 9-214, 9-215, 9-216, 9-217, 9-218, 9-219, 9-220, and 9-221. The motion was seconded. The City Manager informed the Board that he had been contacted by the Springfield-Robertson County Farmers Market Association about their concerns pertaining to future participation of local farmers due to fluctuation in attendance of customers. Mr. Nutting stated that some farmers are getting discouraged because they cannot depend on drawing enough customers to the market to sell their products. Most of the successful farmers markets in the surrounding region allow non-farm vendors to participate in order to draw and sustain customer attendance. He stated that the proposed Ordinance 12-13, will allow vendors selling food and craft items to apply for and receive, with the prior approval of the Springfield-Robertson County Farmers Market Association a special transient vendor permit. The special transient vendor permit will be for the Springfield- Robertson County Farmers Market only. Mr. Nutting stated that he recommends the proposed ordinance and is of the opinion this would help draw more customers to the local farmers market. The motion was brought back and passed by 7-0 roll call vote. 2.3 Alderman Hubbard moved for the approval of Resolution 12-18, a resolution approving the location of Harper Hills Cemetery on Batson Parkway as required by Tennessee Code Annotated 46-1-108(a), for owners Jean and Billy Batson. The motion was seconded. George James, Director of Planning, briefed the Board on the restrictions and regulation pertaining to the cemetery according to Tennessee Code Annotated (TCA). Mr. James stated that the property for the proposed cemetery is owned by Billy and Jean Batson. It is located on Batson Parkway and is zoned R20, Residential. According to TCA it is permissible for a cemetery to be allowed in this zone as a special exception (conditional use) if approved by the Board of Zoning Appeals (BZA). He informed the Board that Mr. Batson has received the approval of the BZA and has presented the Planning Commission with a preliminary site plan. Mr. James stated that TCA also requires Mr. Batson to get the approval of the Board of Mayor and Aldermen for the location of the cemetery since it will be in the city limits. Mr. James discussed other requirements Mr. Batson will have to meet in order to comply with TCA regulations. The motion for the approval of Resolution 12-18 was brought back and passed by 7-0 roll call vote. 2.4 Alderman Shoemaker moved for the approval of Resolution 12-21, a resolution to declare property as surplus and authorize the disposal of such property. The motion was seconded and passed by 7-0 roll call vote. 2.5 Alderman Hubbard moved for the approval of Resolution 12-22, a resolution authorizing the City of Springfield to participate in an Emergency Communications Dispatch Study Committee. The motion was seconded. The City Manager informed the Board that in response to the City of Springfield’s prior Resolution 12-19, pertaining to the dispatch costs at the E911 Communications Center, Robertson County is proposing that a joint study committee be formed to review the operation, management and funding of the current consolidated dispatch system. The County proposes that the committee consist of twelve members; two (2) County Commissioners, the County Mayor, the County Attorney, two (2) Springfield Aldermen, the Springfield City Mayor, the Springfield City Manager, the White House Mayor, the White House City Administrator, the Chairperson of the Robertson County E-911 Emergency Communications District Board, and the Chairperson of the E-911 User Group. Mr. Nutting stated that he concurs with the County’s proposal for the study committee and recommends the passage of Resolution 12-22. He informed them that the proposed Resolution 12-22 amends the effective date of Resolution 12-19 from January 1, 2013 to February 1, 2013. The Mayor made the recommendation to appoint Alderman Ellis and Aldermen Schneider to serve on the Joint Study Committee as the aldermen to represent the City. The maker and the seconder of the motion agreed to amend their motion by adding the appointment of Alderman Ellis and Alderman Schneider to serve on the Joint Study Committee. The motion passed by 7-0 roll call vote. 2.6 Alderman Hubbard moved for the approval of Resolution 12-23, a resolution releasing the surety for the infrastructure improvements in the dedicated rights-of- way and easements of Oakland Farms Subdivision Phase 3, Section 5, for developer Russell S. Fox, and accepting a maintenance bond in the amount of five thousand dollars ($5,000) for the period of one (1) year. The motion was seconded and passed by 7-0 roll call vote. 3.0 Administrative 3.1 Alderman Shoemaker moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.02526 cents per kilowatt-hour to $0.02629 cents per kilowatt-hour effective November 1, 2012. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents an increase of 1.2 % in the wholesale electric rates resulting in an increase of $0.70 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 October as presented. The motion was seconded and passed by 7-0 roll call vote. 3.3 Alderman Shoemaker moved for the approval of the following parade applications: 1. NorthCrest Medical Center request to hold their “2nd Annual Boo Bash Dash,” run/walk for CASA of Robertson County on Saturday, October 27, 2012 from 9:00 a.m. to 10:00 a.m. 2. Bethel Apostolic Temple Church request to hold their annual “Fall Festival,” on Saturday, October 27, 2012 from 7:00 a.m. to 7:00 p.m. The festival will be held on the church grounds. They are requesting to block off the street beginning at the intersection of School Street and M.S. Couts Blvd. down to the church. 3. Robertson County Chamber of Commerce request to hold the annual “Christmas on the Square and the YMCA 5k-10k Run” on November 17, 2012, from 7:30 a.m. to 5:00 p.m. They are requesting closure of following streets: Main Street, from 7th Avenue to 5th Avenue, Locust Street, from 7th Avenue to 5th Avenue and West Court Square, from 6th Avenue to 5th Avenue. The motion was seconded and passed by 7-0 roll call vote. 3.4 Alderman Hubbard moved to authorize an agreement with Gresham, Smith and Partners to provide engineering design services and studies to assist the Springfield Water/Wastewater Department in complying with the Environmental Protection Agency (EPA) Administrative Order on Consent. The motion was seconded and passed by 7-0 roll call vote. 3.5 Alderman Hubbard moved to authorize the request from the Robertson County Family YMCA for financial support in the amount of twenty thousand dollars ($20,000) to assist providing an in the after school program for at-risk students from Springfield Middle School. The motion was seconded. Mr. Cordney Woodard, representative of the Robertson County Family YMCA, addressed the Board on the allocation of the funds and answered questions. Alderman Schneider stated that she is on the YMCA Board and will abstain from casting a vote. The motion was brought back and passed by 6-0-1 roll call vote. Ayes: Hubbard, Carneal, Shoemaker, Head, Ellis, Mason Nayes: 0 Abstain: Schneider  The City Manager advised that whenever a donation is authorized to a non-profit organization, a resolution will need to be passed by the Board authorizing the donation. Mr. Nutting stated that a resolution will be presented for their approval at the November regular meeting. 3.6 Alderman Mason moved to authorize the proposed lease-purchase agreement with Greater Faith Community Action Corporation for the old Bransford High School located at 1519 John L. Patterson Street. The motion was seconded. The City Attorney briefed the Board on the ten (10) year lease-purchase agreement with Greater Faith Community Action Corporation. His recommendation is for the Board to authorize the proposed agreement. The motion was brought back and passed by 7-0 roll call vote. 3.7 Alderman Shoemaker moved to authorize the City to participate in the pending class action lawsuit involving the herbicide atrazine. The motion was seconded. The City Attorney briefed the Board on the pending class action lawsuit filed by a number of water systems located in various states against Syngenta the manufacturer of the herbicide atrazine. The attorneys estimate that as many as two thousand (2,000) water systems might be affected. Mr. Balthrop stated that the payout is approximately $30,000 to $35,000 and any fees associated with the settlement will be deducted from the award before it is disbursed. His recommendation is for the City to join the class action lawsuit. The motion was brought back and passed by 7-0 roll call vote. 3.8 Alderman Hubbard moved for the approval of a proposed agreement with CARFAX. This agreement will allow Springfield Police Department and CARFAX to exchange data. The motion was seconded. Springfield Police Chief Thompson informed the Board that many law enforcement agencies throughout the country have entered into an agreement with CARFAX to share data. The law enforcement agencies share their traffic accident reports with CARFAX and in exchange, CARFAX provides law enforcement agencies with data utilized for criminal investigations. Chief Thompson informed the Board that citizens currently obtain traffic crash reports at the Police Department at no cost, but CARFAX provides internet access for traffic crash reports for a fee of $5.50. He stated that most police departments that provide this access also charge a fee of approximately $4.00 in addition to the CARFAX fee for the total cost of $9.50. Chief Thompson made a recommendation to enter into an agreement with CARFAX to share traffic crash data for investigative purposes and to add a charge of $4.00 onto the CARFAX fee of $5.50 for Springfield crash reports that are provided through CARFAX. He  stated that this proposed agreement could generate revenue of approximately $6,000 per year for the police department. The motion was brought back and passed by 7-0 roll call vote. Mr. Nutting stated that an ordinance authorizing the fee to be collected by the City of Springfield must be passed before a contract with CARFAX can be executed. 3.9 Alderman Hubbard moved for approval to authorize the use of gas reserves in the amount of $1,000,000 to provide certain customers with discounted gas rates during the winter months. The motion was seconded. The City Manager informed the Board that the Gas Department budget for fiscal year 2013 includes $1,000,000 in discounts to be distributed to natural gas customers. In his opinion, the amount should be passed on to residential and small commercial gas customers over a period extending from two (2) to five (5) months of the heating season, depending on the level of gas consumption during those months. He stated that the Board needs to determine the specific allocation between residential and small commercial customers. Staff is recommending either $900,000 to residential and $100,000 to small commercial or $850,000 to residential and $150,000 to small commercial. Each board member stated their opinion regarding the allocation between residential and small commercial customers. Alderman Hubbard moved to amend the motion by stating the allocation to be $900,000 to residential customers and $100,000 to small commercial customers. 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. 4.0 Consent Alderman Head moved to approve the consent portion of the agenda. The motion was seconded and passed by 7-0 roll call vote. 4.1 Springfield Gas Department request for approval to award the bid for electronic volume correctors and pressure recorders to various vendors as stated in the attached bid summary. 4.2 Parks and Recreation Department request for approval to award the bid for three (3) zero turn mowers in the amount of $19,659.00 to Mid State Turf and Tractor.  4.3 Springfield Electric Department request for approval to award the bid for pole-mount transformers as recommended in the attached bid summary. 4.4 Discuss and possibly take action on the request from Springfield Police Department to purchase three (3) Dodge Police Pursuit Vehicles in the amount of $22,868.00 each from TT of Columbia, Inc. and one (1) Chevrolet Impala in amount $ 20,674.00 from TT of F Murfreesboro under Tennessee State Contract #209. 5.0. City Manager’s Report Mr. Nutting distributed summaries of the appraisals for the three (3) properties on Queen Ann Court that the City is considering for purchase in order to construct drainage improvements at the adjacent detention pond. He distributed a summary of the final construction costs for the Highland Crest – College Campus project and asked City Engineer David Brewer to make a brief presentation regarding the costs. Mr. Nutting also requested that Robert Gardner, Director of Electric Utilities, provide the Board with a brief update on the progress of the negotiation of the Comcast pole attachment agreement. The City Manager reported that Nashville Wire Products is proceeding with the parking lot expansion that was previously approved by the Board of Mayor and Aldermen. The work will consist of a thirty (30) by forty (40) foot encroachment onto the right-of-way for Bill Jones Industrial Drive. The Public Works Department will provide labor and equipment to install forty (40) feet of culvert, headwalls, a junction box and appurtenances. Nashville Wire Products will pay for the materials. He also reported that a building permit has been issued for another new building at Electrolux and construction is underway. Lastly, Mr. Nutting reported that since January 1, 2012, a total of forty-six (46) unsafe structures have been removed, thirty-two (32) by the owners, twelve (12) by the Public Works Department, and two (2) by City contractor. Eight (8) unsafe structures are currently undergoing repair. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder