Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING MAY 21, 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 Hearings: 1. Ordinance 13-06, amending Chapter 2 entitled “Beer,” by rescinding Title 8- 211 entitled “On-Premise” in its entirety and substituting a new Section 8-211 entitled “On-Premise.” 2. Ordinance 13-07, establishing a new schedule of fees for city cemeteries by rescinding Ordinance 09-14 in its entirety and substituting a new schedule of fees. 1.3 Alderman Schneider moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on April 16, 2013. The motion was seconded and approved unanimously. 2.0 Legislative 2.1 Alderman Mason moved for the approval of Ordinance 13-04 on third and final reading, an ordinance rezoning a 3.5 acre tract at the corner of Childress Street and Central Avenue from R-7, Residential, to MH 2, Mobile Home Park at the request of Mr. Wayne Briley, owner of the property. The motion was seconded and passed by 7-0 roll call vote. 2.2 Alderman Hubbard moved for the approval of Ordinance 13-06 on second reading, an ordinance amending Title 8 of the Springfield Municipal Code by amending Chapter 2 entitled “Beer” by rescinding Section 8-211 in its entirety and substituting a new Section 8-211. The motion was seconded. Mr. Nutting, the City Manager, informed the Board that for second reading the title of Section 8-211 should be corrected to read “Minimum distance from church or school.” Mr. Nutting stated that on first reading Ordinance 13-06 was amended to reduce the minimum distance for on-premise beer sales citywide from 300 feet to 250 feet and the reference to a proposed overlay district was deleted in its entirety. He stated, in his opinion, this amendment did not effectively address the public policy issue at hand. He proposed that on second reading the 300 foot minimum distance for on-premise beer sales be restored citywide and a more tightly defined overlay district, consisting primarily of all buildings facing the Robertson County Courthouse, be added to the ordinance, with no minimum distance requirement within the overlay district. Mr. Hubbard moved to amend Ordinance 13-06 by restoring the 300 foot minimum distance for on-premise beer sales citywide and by adding an overlay district, as recommended by the City Manager, having no minimum distance requirement for on-premise beer sales. The motion was seconded. Alderman Head asked Mr. Balthrop, the City Attorney, for his legal opinion on the legality of amending an amendment. Mr. Balthrop advised that it is permissible to amend an amendment. Alderman Head moved to amend the amendment by adding a 100 foot minimum distance requirement within the overlay district. The motion was seconded and passed by 4-3 roll call vote. Ayes: Carneal, Head, Sneed, Ellis Nayes: Mason, Schneider Hubbard The motion amending Ordinance 13-06 passed by 5-2 roll call vote. Ayes: Hubbard, Schneider, Carneal, Mason, Head Nayes: Ellis, Sneed The original motion was brought back and passed by 5-2 roll call vote. Ayes: Head, Carneal, Schneider, Mason, Hubbard Nayes: Ellis, Sneed Ordinance 13-06 was approved, as amended, on second reading. 2.3 Alderman Ellis moved for the approval of Ordinance 13-07 on second reading, an ordinance establishing the schedule of fees for city cemeteries by rescinding Ordinance 09-14 in its entirety and substituting a new schedule of fees. The motion was seconded and passed by 7-0 roll call vote. 2.4 Alderman Mason moved for the approval of Ordinance 13-08 on first reading, an ordinance adopting the annual City of Springfield budget and tax rate for the fiscal year beginning July 1, 2013 through June 30, 2014. The motion was seconded. Alderman Schneider moved to amend Ordinance 13-08 by reducing the proposed tax rate increase from twenty-six cents ($0.26) to twenty cents ($0.20), thus reducing the proposed tax rate from one dollar and fifteen cents ($1.15) to one dollar and nine cents ($1.09). The motion was seconded and passed by 6-1 roll call vote. Ayes: Schneider, Carneal, Hubbard, Sneed, Ellis, Mason Nayes: Head The Board set a special meeting for June 4, 2013 at 7:00 p.m. to discuss and possibly take action on Ordinance 13-08 on second reading. 2.5 Alderman Hubbard moved for the approval of Ordinance 13-09 on first reading, an ordinance rescinding Ordinance 12-08 and setting a new schedule of rates and charges for the Springfield water system. The motion was seconded and passed by 7-0 roll call vote. The ordinance will increase water rates by 7% beginning July 1, 2013. 2.6 Alderman Hubbard moved for the approval of Ordinance 13-09 on first reading, an ordinance rescinding Ordinance 12-09 and setting a new schedule of rates and charges for the Springfield sewer system. The motion was seconded and passed by 7-0 roll call vote. The ordinance will increase sewer rates by 13% beginning July 1, 2013. 2.7 Alderman Ellis moved for the approval of Ordinance 13-11 on first reading, an ordinance to amend the City of Springfield Private Act Charter relative to the appointment of the Vice-Mayor. The motion was seconded and passed by 7-0 roll call vote. This amendment changes the term of office of the Vice-Mayor to be consistent with the two-year election cycle. 2.8 Alderman Ellis moved for the approval of Resolution 13-14, 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 pertains to property owned by the Water/Wastewater Department and the Cemeteries Department. 3.0 Administrative 3.1 Alderman Mason moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.02341 per kilowatt-hour to $0.02352 per kilowatt-hour, effective June 1, 2013. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents an increase of 0.5 % in the wholesale electric rates resulting in an increase of $0.50 to $0.80 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 May 2013. The motion was seconded and passed by 7-0 roll call vote. 3.3 Alderman Ellis moved for the approval of returning former County dispatchers, currently employed by the City of Springfield, to Robertson County employment and to request the Robertson County Emergency Communications District Board of Directors to dedicate the necessary consoles to allow the City of Springfield dispatchers to answer only Springfield calls for service. The motion was seconded. Mr. Nutting updated the Board with regard to the City’s position on E-911 dispatch costs and the results of the cost allocation study performed by MTAS and CTAS consultants. The cost allocation study recommended that dispatch costs be determined by a formula that would allocate half of the total cost based on proportionate costs for service and half of the total cost based on proportionate share of the county population. Springfield’s total cost allocation, under the recommended formula, would be approximately twenty-five percent (25%), which has been the City’s contention. Mr. Nutting stated that there has been no firm indication from Robertson County about any specific plans to meet the City’s request for partial reimbursement of costs for subsidizing County dispatch service for the three years that the Communications Center has been in operation. Mr. Nutting recommended that the former County dispatchers return to County employment and the City should return to having its own dispatch operation. He stated that all of the dispatchers would remain in the Communications Center, but City and County dispatchers would have consoles dedicated to answering their respective calls for service only. Mr. Nutting recommended waiting a little longer to put the change into effect in order to hear what proposals the County has to offer to the City after the County budget process has concluded. He advised the Board that he was not optimistic, however, that the City’s demands will ultimately be met unless we act to terminate the employment of the dispatchers assigned for the County and force the County to pay for all of their own dispatch costs.  The maker of the motion and the seconder both agreed that July 1, 2013 should be the effective date to make the change in employment for dispatchers and to have the communications consoles reprogrammed. The motion passed by 7-0 roll call vote. 3.4 Alderman Schneider moved for the approval of the following parade applications: 1. Springfield Police Department request to hold “Click It or Ticket” campaign (through GHSO), a press conference on The Square, May 24, 2013, from 11:45 a.m. to 2:00 p.m. 2. Robertson County Chamber of Commerce request to hold the annual “Taste of Country, USA,” on The Square, June 7, 2013 from 3:00 p.m. to 11:00 p.m. and June 8, 2013, from 10:00 a.m. to 6:00 p.m. Robertson County Chamber of Commerce/Taste of Country, USA, requests to hold a “5K Race,” on June 8, 2013 from 7:30 a.m. to 9:00 a.m. 3. Greater Faith Community Action Corporation, request to hold “Drug Awareness,” on The Square, June 22, 2013 from 9:00 a.m. to 2:00 p.m. 4. Bransford High Alumni Association, request to hold a parade on August 3, 2013, from 10:00 a.m. to 12:00 p.m. The motion was seconded and passed by 7-0 roll call vote. 3.5 Alderman Hubbard moved to approve incurring costs related to Task Orders 3B and 4 under the Gresham, Smith and Partners contract for the design of sewer improvements in compliance with the EPA Administrative Order on Consent. The motion was seconded. Roger Lemasters, Director of Water/Wastewater Utilities, addressed the Board with regard to Task Orders 3B and 4 currently part of the Gresham, Smith and Partners contract. Mr. Lemasters stated that Task Order 3B and 4 would not be final for their formal review and approval until the regular June meeting. However, GSP is requesting approval to begin work on Task Order 3B with costs not to exceed $15,000 and Task Order 4 with costs not to exceed $5,000 prior to final review. The motion was brought back and passed by 7-0 roll call vote. 3.6 Mr. Nutting discussed the proposed projects to be funded with the $398,000 reimbursement from Tennessee Department of Transportation for the relocation of part of the 20-inch water transmission main along Highway 431 South. Mr. Nutting stated that he concurs with Mr. Lemasters’ recommendations for water and sewer improvement projects, but the repair of the sludge lagoon at the water treatment plant and any electrical or pump upgrades at the East Hillcrest pump station should have first priority. Alderman Hubbard moved for approval of all of the proposed projects recommended by staff to be funded with reimbursement money from TDOT in the amount of $398,000. The motion was seconded and passed by 7-0 roll call vote. 3.7 Alderman Head moved to approve the acquisition of property located at 2506 Queen Ann Court in the amount of $76,000. The motion was seconded. The City Manager addressed the Board of his concerns surrounding the property located at 2506 Queen Ann Court. Mr. Nutting stated the current owner’s motive for purchasing the property was purely for profit at the expense of the citizens of Springfield and feels that citizens have a right to know. He is of the opinion that the property owner’s actions were unethical. Mr. Nutting advised that in order to acquire the property through eminent domain, an offer to purchase the property at an appraised value has to be made to the owner first. He stated the original offer of $71,100 at the “subject to flooding” appraisal price was made but was refused by Mr. Batson. Mr. Nutting made the recommendation to seek to acquire the property through eminent domain and let the court decide the appropriate compensation. Alderman Head informed the Board that Mr. Batson is willing to accept an offer in the amount of $76,000. Mr. Batson was given the opportunity to speak before the Board. Alderman Ellis moved to amend the motion by changing it to state that the property be acquired through eminent domain rather than direct purchase. The motion was seconded. The Mayor advised the maker and the seconder to vote against the purchase of the property when the roll was called instead of amending the motion. The maker and the seconder agreed to withdraw their motion. The main motion was brought back and passed by 4-3 roll call vote. Ayes: Sneed, Hubbard, Head, Schneider Nayes: Mason, Ellis, Carneal 3.8 The disposition of properties on Queen Ann Court was discussed briefly, but no action was taken. 3.9 Mr. Nutting updated the Board about its offer to purchase 12,977 square feet of property from Mr. Rusty Fox to compensate him for taking possession of the land when The Legacy golf course was constructed. The City’s offer is to pay Mr. Fox $5,000 for the property, reimburse him for any legal and survey costs, and to provide him with the necessary easement or right-of-way that would allow him to connect to the sewer manhole on the golf course side of the creek. Mr. Fox has refused the City’s offer and in addition is requesting that the City construct a new manhole on the other side of the creek for his use. Mr. Nutting stated that the offer to Mr. Fox is very fair and he recommended that the Board hold to its original offer. He advised the Board that the City is in legal possession of the property and that Mr. Fox’s development issues have nothing to do with the small piece of land at issue that had no development value for him in the first place. Alderman Hubbard moved to reaffirm the Board’s original offer to purchase the property from Mr. Fox. The motion died for lack of a second. Alderman Head moved to amend the original offer by agreeing to also construct a sewer manhole on Mr. Fox’s side of the creek. The motion died for lack of a second. No further action was taken. 3.10 Alderman Ellis expressed his concern about the possible need for better street identification for Curtiswood Lane in order to facilitate emergency response. Staff is currently evaluating the situation. No action was taken. 4.0 Consent Alderman Hubbard moved for the approval of items 4.1 and 4.2 of the consent portion of the agenda. The motion was seconded and passed by 7-0 roll call vote. 4.1 Springfield Water/Wastewater Department request for approval to award the bid for the installation of the automatic transfer switch in the pump station at the Mt. Denson water tank site to Stansell Electric Company, Inc., in the amount of $30,500.00. 4.2 Public Works Department request for approval to award the bid for the purchase of five hundred (500) refuse carts to AmeriKart Corp., in the amount of 24,875.00 at $49.75 per cart. 5.0 City Manager’s Report Mr. Nutting presented the Board with the latest Quarterly Report. He reported that the Robertson County Commission voted at its last meeting not to fund architectural fees for the design of the proposed new south Springfield elementary school. Mr. Nutting recommended that each Board member contact Springfield’s representatives on the County Commission to gain a better understanding of each Commissioner’s stance on the new school. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder