Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING FEBRUARY 19, 2013 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 Attorney Jim Balthrop Alderman Ann Schneider City Clerk Connie Watson Alderman Bruce Head Alderman Clay Sneed 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 Hearing: Ordinance 13-01, rezoning the Bruce Head property located at 801 Memorial Boulevard, from CC, Core Commercial, to CG, Commercial General. Keith Shultz, James E. Black, and Chris Dawson addressed the Board in regard to their opinions on Ordinance 10-01. The City Manager informed the Board that staff is recommending that action to rezone 801 Memorial Boulevard be postponed until further study has been done to ensure accuracy and consistency of zoning in the district. Mr. Nutting stated that upon further review, rezoning the property CG, Commercial General, would not be the best decision for this location. He stated that it would be in the best interest of the City to make zoning as uniform as possible along the major thoroughfares and more time is needed to review and possibly amend the Zoning Ordinance to bring it up to date with a clearer definition of the business classes allowed within the various zoning districts. Staff is of the opinion that further study is needed to ensure consistency, rectify current issues, and avoid future problems. 1.3 Alderman Schneider moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on January 15, 2012. The motion was seconded and approved unanimously. 2.0 Legislative 2.1 Alderman Hubbard moved for the approval of Ordinance 13-01 on 2nd reading, an ordinance rezoning the property located at 801 Memorial Boulevard from CC, Core Commercial to CG, Commercial General. The property is owned by Bruce Head. The motion was seconded. Alderman Ellis moved to defer from taking action on Ordinance 13-0 until further study has been done. The motion was seconded and passed by 6-0-1 roll call vote. Ayes: Schneider, Carneal, Hubbard, Sneed, Ellis, Mason. Nayes: 0 Abstain: Head 2.2 Alderman Mason moved for the approval of Ordinance 13-02 on 1st reading, an ordinance establishing a permit fee schedule for mechanical work and rescinding Ordinance 09-04 in its entirety. The motion was seconded. Mr. Nutting advised the Board that Ordinance 13-02 and the following Ordinance 13-03 are companion ordinances. He stated that State law has changed the requirement with regard to who shall perform inspections for gas service installations. Gas service inspections must now be performed by a licensed mechanical inspector. To ensure compliance with State law, the City has placed responsibility for gas inspections with the Community Development Department where the inspections will be performed by a licensed mechanical inspector. Gas inspections were previously performed by Customer Service Department or Gas Department employees. This will change the permit and fee structure. Previously, for new gas installations, Springfield customers paid fifty dollars ($50.00) for a mechanical permit and twenty dollars ($20.00) for a gas permit. With the amendment of this ordinance, all customers, inside or outside the city, will pay fifty dollars ($50.00) for a mechanical permit and the twenty dollar ($20.00) gas permit will be no longer required. The motion was brought back and passed by 7-0 roll call vote. 2.3 Alderman Hubbard moved for the approval of Ordinance 13-03 on 1st reading, an ordinance amending the City of Springfield Conditions of Service Manual by amending the section entitled “Gas” by rescinding certain policies in their entirety and substituting new policies. The motion was seconded. The City Manager informed the Board that Ordinance 13-03 changes the Conditions of Service Manual pertaining to gas policies. Mr. Nutting briefed the Board on the amendments that are proposed to the current gas policies.  The motion was brought back and passed by 7-0 roll call vote. 2.4 Alderman Hubbard moved for the approval of Resolution 13-07 on 1st reading, a resolution to establish an updated Occupational Safety and Health Program Plan devise rules and regulations, and to provide for a Safety Director and the implementation of such program plan. The motion was seconded. Gina Holt, Assistant City Manager, informed the Board that she had been notified by the State through a letter that the City was not in compliance with the mandated filing of a safety plan with the Department of Labor and Workforce. Ms. Holt stated that although a plan has not been filed with the State since 2003, a safety plan has always been in place for the City. The State has made some changes to the current requirements, but for the most part it is quite similar to what it was in 2003. She informed the Board that Chief of Police, David Thompson, has been appointed to the position of Safety Director, replacing former Fire Chief, Maynor Schott. The motion was brought back and passed by 7-0 roll call vote. 2.5 Alderman Hubbard moved for the approval of Resolution 13-08, a resolution to authorize the City of Springfield’s participation in an Emergency Communications Dispatch Study Committee and to rescind Resolution 12-32 in its entirety. The motion was seconded. Mr. Nutting informed the Board that this resolution rescinds Resolution 12-19 and changes the effective date from January 1, 2013 to May 1, 2013. Mr. Nutting stated that this would allow the study committee additional time to complete its work and to make recommendations. The motion was brought back and passed by 7-0 roll call vote. 2.6 The City Manager informed the Board that the proposed Resolution 13-09 amends Resolution 12-31 addressing the proposed change in the City Charter pertaining to the election cycle of the Vice-Mayor. The amendment is proposed because under State law the Charter must state that the current office holder will complete a full term prior to the change in term. Vice-Mayor Ellis’s full two-year term will expire after June 2013. The Board will elect the next Vice-Mayor to serve an abbreviated term from July 2013 to December 2014. The succeeding Vice-Mayor elect will serve a full two-year term consistent with the new general election cycle. Alderman Ellis moved for the approval of Resolution 13-09, a resolution to petition the General Assembly of the State of Tennessee to amend the Private Act Charter of the City of Springfield, Tennessee regarding legislative action which  must be exercised by Ordinance. The motion was seconded and passed by 7-0 roll call vote. 2.7 Alderman Ellis moved for the approval of Resolution 13-10, 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 property declared surplus is equipment owned by the Gas Department. 3.0 Administrative 3.1 Mr. Mark Smith, an attorney with the law firm of Miller, Martin & Associates, addressed the Board on the status of the Comcast pole attachment agreement. No action was taken. 3.2 Alderman Schneider moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.02182 per kilowatt-hour to $0.02047 per kilowatt- hour effective March 1, 2013. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents a decrease of 1.7 % in the wholesale electric rates resulting in a decrease of $1.50 to $2.00 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 February as presented. The motion was seconded and passed by 7-0 roll call vote. 3.4 Alderman Sneed moved for the reappointment of Mr. James Alford to serve on the Planning Commission representing Ward 6. The motion was seconded and passed by 6-0 roll call vote. 3.5 Tony Felts, Parks and Recreation Director, briefed the Board on the bidding process for the two (2) year contract to operate concessions at City parks and The Center. He stated the current contract ends on February 28, 2013. The recommendation for the new contract is based on the vendor that bid the highest percentage of gross sales return to the City. Alderman Hubbard moved for the approval of awarding the proposed two (2) year contract to operate concessions at the Center and City parks to Mr. Randy Woody, Jr. The motion was seconded and passed by 7-0 roll call vote. The bid awarded was thirty percent (30%) of gross sales. 3.6 Mr. Felts reminded the Board that the previous year’s contract with Pyro Shows for the Fourth of July fireworks was cancelled due to drought conditions. The  City paid half of the $4,950 down payment as a cancellation fee and was refunded the remaining $2,475 by Pyro Shows. The proposed contract for 2013 is in the same amount of $9,900 as in previous years, with a down payment of fifty percent (50%) or $4,950. Alderman Hubbard moved to authorize the proposed contract with Pyro Shows for the Fourth of July Celebration fireworks. The motion was seconded and passed by 7-0 roll call vote. 3.7 Roger Lemasters, Director of Water/Wastewater Utilities, addressed the Board with regard to the U. S. Environmental Protection Agency (EPA) Administrative Penalty to be levied against the City of Springfield. Mr. Lemasters informed the Board that the City has two options with regard to the amount of the penalty. The City could pay the entire amount of $122,500 in one lump sum or it could pay sixty percent (60%) of the penalty, $73,500, in one lump sum and use the remaining forty percent (40%) of the penalty amount, $49,000, to partially fund a supplemental environmental project (SEP). The concern with the second option is that the SEP must cost three times the forty percent (40%) amount or $147,000. The total out of pocket expense to the City for the second option would be $220,500. The City staff is of the opinion that it would be difficult to readily identify an SEP that would qualify under EPA regulations. Due to the high degree of uncertainty associated with the SEP option and additional expense, Mr. Lemasters recommended that the Board authorize payment of $122,500 to the EPA in one lump sum. Alderman Sneed expressed his concern over the sewage overflows and stated that the City should be more proactive to fix such problems rather than reactive. Mr. Nutting stated that repairs to correct overflows have been made over the years given budget constraints. Alderman Hubbard moved to authorize payment of the Administrative Penalty of one hundred twenty-two thousand five hundred dollars ($122,500.00) in one lump sum to the EPA as recommended. The motion was seconded and passed by 7-0 roll call vote. 3.8 Gina Holt, Assistant City Manager, addressed the Board about the possibility of selling the Woodard Hall building. She stated that the total annual rental revenue has averaged about $30,300 for the past five (5) years, while expenses have averaged $53,650 annually during the same time period. In 2008, all of the windows had to be replaced because the frames were rotten and the windows were not stable. In 2009, the roof and gutters were repaired and some exterior painting was done. The total cost for exterior maintenance for those two years amounted to close to $100,000. The building is still in need of extensive maintenance. She stated that the purpose of putting this topic on the agenda is to get Board approval to get an appraisal on the building in anticipation of possibly  approving its sale before more money is spend on maintenance. Ms. Holt reminded the Board that the proceeds of the sale of Woodard Hall would go towards payment of General Fund debt to the Gas Department for the initial purchase of the building. Alderman Hubbard moved to approve getting an appraisal for the Woodard Hall building. The motion was seconded. After discussion, Alderman Hubbard rescinded his motion. No action was taken. 3.9 Alderman Hubbard moved to approve the following parade applications: 1. Robertson County Health Council request to hold a “Spring Up,” walk on April 13, 2013, from 9:00 a.m. to 12:00 p.m. The walk will start at Travis Price Park at pavilion #1. The route will be along the Greenway towards Wilkes Road (approximately 1.6 miles) and back to pavilion #1. 2. American Cancer Society request to hold their annual “Relay for Life,” event on May 3, 2013 from 3:30 p.m. to May 4, 2013, 12:00 a.m. They are requesting to close off Locust Street, Main Street (between 5th and 7th), west side of the Court House Square and 6th Avenue. The motion was seconded and passed by 7-0 roll call vote. 3.10 Mark Fields, Codes Administrator and Mark Goins, Building and Codes Inspector, made a presentation on behalf of the Community Development Department recommending the possible creation of a small MH-2, Mobile Home Parks zoning district on Childress Street in order to formally create a mobile home park at that location. The rezoning would accommodate the relocation, within two (2) years, of three (3) mobile homes on Richard Street and three (3) mobile homes on Central Avenue that are improperly located within the current zoning district. The creation of a formal mobile home park within the proposed MH-2 district would allow the owner to replace depreciated mobile homes with mobile homes that are five (5) years old or newer. The mobile home park would be restricted to having no more than twenty (20) mobile homes. The proposal would greatly improve the appearance of the neighborhood and would allow the possible future construction of new houses on Richard Street after the mobile homes are relocated. The present location of the three (3) mobile homes on Central Avenue would become green space for the mobile home park after the mobile homes are relocated. The staff will place on the agenda of the March 19, 2013 regular meeting, for discussion and possible action by the Board of Mayor and Aldermen, an ordinance authorizing the proposed rezoning. 3.11 The Board set the date of March 5, 2013 at 7:00 p.m. for a called special meeting to discuss the long-term plan for Water/Wastewater capital improvements. 4.0 Consent 4.1 Alderman Mason moved to authorize the bid for electric poles, in the amount of $6,727.00, to be awarded to Thomasson Company. The motion was seconded and passed by 7-0 roll call vote. 5.0 Manager’s Report David Thompson, Chief of Police, presented the Police Department’s Annual Report for calendar year 2012. Jimmy Hamill, Fire Chief, presented the Fire Department’s Annual Report for calendar year 2012. Mr. Nutting extended congratulations to Springfield Middle School on another well run TNT Tournament and to the Parks and Recreation Department staff for helping to make this annual event so successful year after year. He reported that the City of Springfield has been notified by TDOT that the federal funds in the amount of $100,000 that were requested for the extension of the Greenway have been redirected and are no longer available to the City. However, the remaining balance of funding from the Springfield CBD Sidewalk Improvements – Phases 1 and 2 has been transferred to the Springfield Greenway – Phase 1, 2 and 3 projects. These funds can only be transferred at a reimbursable rate of eighty percent (80%) since they are no longer associated with the previously authorized project. The February utility billing cycle will include the second month of discounted gas rates for residential and small commercial customers. The Tennessee Charter Schools Association is willing to arrange a tour for the Board of Mayor and Aldermen of two (2) charter schools. They recommend visits to Nashville Prep and to STEM (Science, Technology, Engineering, and Math). Preferable days for school visits are Wednesday mornings, Thursdays, and Fridays. Mr. Nutting suggested the scheduling of a special meeting with the Board of Directors of the Springfield Housing Authority to discuss current operations and future plans of the housing authority.  He reminded the Board of the Town Hall Meeting sponsored by the Robertson County Chamber of Commerce to be held on February 28, at 7 p.m., in the Board Room at City Hall to discuss the revitalization of the old downtown Lastly, Mr. Nutting distributed a draft of a proposed ordinance that would amend the Municipal Code with regard to on-premise beer permits and minimum distance requirements in and around The Square. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder