Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING JULY 16, 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 Alderman Jerome Ellis City Attorney Jim Balthrop Vice Mayor 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. 2.0 Legislative 2.1 Alderman Mason moved for the approval of Ordinance 13-12 on third and final reading, an ordinance to enact a pole attachment rate schedule for third parties using Springfield Electric Department poles without a contract or that continue to use SED poles after a contract expires. The motion was seconded and passed by 7-0 roll call vote. 2.2 Alderman Schneider moved for the approval of Ordinance 13-14 on second reading. An ordinance amending Section 10 of Ordinance 13-08 and setting a new property tax rate for fiscal year 2014 above the certified tax rate. The motion was seconded and passed by 6-1 roll call vote. Ayes: Schneider, Hubbard, Sneed, Ellis, Carneal, Mason Nayes: Head This ordinance affirms a new certified tax rate of $1.06 for fiscal year 2014. 2.3 Alderman Hubbard moved for the approval of Ordinance 13-15 on second reading. The ordinance amends the Fiscal Year 2013 annual budget for the City of Springfield by amending certain General Fund and Utility Fund budgets. The motion was seconded and passed by 7-0 roll call vote. The City Manager informed the Board that staff is currently in the process of closing out the books for Fiscal Year 2013 and additional amendments will likely be recorded by the third reading at the regular Board meeting in August. 2.4 Alderman Ellis moved for the approval of Resolution 13-16, a resolution changing the name of Curtiswood Lane by adding the suffixes East and West, making the portion of the street intersecting with Blackpatch Drive, Curtiswood Lane East and the section intersecting with Hogan Drive, Curtiswood Lane West. The motion was seconded. George James, Planning Director, informed the Board that E-911 will be sending a letter notifying each resident that is affected by this change. The motion passed by 7-0 roll call vote. 3.0 Administrative 3.1 Alderman Schneider moved to approve the TVA wholesale fuel cost adjustment from the current amount of $0.02240 per kilowatt-hour to $0.02222 per kilowatt- hour, effective August 1, 2013. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents a decrease of 1.3 % in the wholesale electric rates resulting in a decrease of $0.30 to $0.50 on an average residential electric bill. 3.2 Alderman Hubbard moved for the approval of the July gas rates for the Springfield Gas Department. The motion was seconded and passed by 7-0 roll call vote. 3.3 Alderman Hubbard moved to appoint Ms. Cynthia Burkeen to serve on the Historic Preservation Committee. The motion was seconded and passed by 7-0 roll call vote. 3.4 Roger Lemasters, Director of Water/Wastewater Utilities, informed the Board about the request to approve the engineering work to be performed as Task Order 4 of the Gresham, Smith and Partners contract for the design and inspection for sewer system rehabilitation. The work will be performed for Phase 1A and Phase 1B. He stated that $435,745 of the $536,040 will cover the cost associated with the on-site inspection service GS&P will be providing. Alderman Hubbard moved for the approval of Task Order No. 4, in the amount of $536,040. The motion was seconded and passed by 6-1 roll call vote. Ayes: Schneider, Head, Hubbard, Sneed, Carneal, Mason Nayes: Ellis 3.5 The Hastings Architects design team of Lyn Crabtree and Amanda Shadowens, gave a presentation of the preliminary design plans for the new Water/Wastewater Department office building.  Alderman Hubbard moved to approve the preliminary design plans for the new Water/Wastewater Department office building. The motion was seconded and passed by 5-2 roll call vote. Ayes: Carneal, Hubbard, Schneider, Mason, Ellis Nayes: Sneed, Head 3.6 Mark Fields, Codes Administrator, informed the Board that on March 20, 2013, the Community Development Department issued a Slum Clearance Order, to demolish the structure located on 1111 Batts Boulevard, due to its dilapidated and unsafe condition, and the owners failing to bring it up to City code. He stated that the order was issued because owners, Mike and Carol Ramsey, did not make any attempts to comply with the Slum Clearance Order when notified. The structure is beyond repair and cannot be repaired within a reasonable cost based on the value of the structure. The owners are appealing the decision made by the Construction Board of Adjustments and Appeals to uphold the decision to demolish the structure. Ms. Carol Ramsey, owner of the property, addressed the Board requesting a reversal of the decision made by the Construction Board of Adjustments and Appeals. Ms. Ramsey stated that they are planning to invest more than half the value of the property, beyond what is required to bring the house up to codes. She informed the Board that a contractor has been contacted for repairs on the property if they decide to reverse the decision to remove the house. The City Manager stated that the problem with a many of the older structures is that they do not meet the current standards and setbacks and are difficult to bring into conformance. He stated that older buildings that are kept in good repair can remain but those that are neglected and dilapidated need to be removed. Alderman Hubbard moved to uphold the decision of the Construction Board of Adjustments and Appeals requiring the removal of the house located on 1111 Batts Boulevard. The motion was seconded and passed by 5-2 roll call vote. Ayes: Ellis, Hubbard, Schneider, Carneal, Mason Nayes: Sneed, Head 3.7 Alderman Hubbard moved to authorize Springfield the Water/Wastewater Department to enter into a four (4) year contract with Canon Solutions America, for a copier (Model IR4045) in the total amount of $8,846.40 ($184.30 per month). The motion was seconded and passed by 7-0 roll call vote. 3.8 Alderman Hubbard moved to approve awarding the bid for Priority Basins Rehabilitation Phase 1A – Basin 3BCC project to Insituform Technologies, LLC in the amount of $2,376,615.00. The motion was seconded. The City Manager stated that this is the highest priority sewer rehabilitation project and that construction should begin in late August or early September. He reminded the Board that the contract amount is below the original estimate of $2.7 million.  The motion passed by 6-1 roll call vote. Ayes: Hubbard, Carneal, Ellis, Mason, Sneed, Schneider Nayes: Head 3.9 Alderman Hubbard moved to approve the following parade applications: 1. Robertson County Chamber of Commerce; Robertson Education Initiative, request to hold their annual “Pep Rally” on the Square for area high schools on Thursday, August 15, 2013 from 5:00 p.m. to 8:00 p.m. 2. Robertson County Fair Association request to hold the annual “Opening of the Fair,” parade on August 26, 2013, from 5:00 p.m. to 6:30 p.m. The motion was seconded and passed by 7-0 roll call vote. 3.10 The City Manager informed the Board that the Tennessee Law Enforcement Training Academy is in need of vehicles and has offered to give $3,000.00 in tuition credit for specialized classes at the Academy in exchange for two (2) surplus patrol vehicles. He stated that an average sales price of previous Springfield Police Department vehicles sold on the GovDeals.com website would yield a price close to that amount. Alderman Hubbard moved to approve a request from the Springfield Police Department to donate two (2) patrol vehicles to the Tennessee Law Enforcement Training Academy. The motion was seconded. Alderman Ellis stated that the agenda and the motion is not the same as what the City Manager is recommending. He stated that the motion is to donate the two (2) patrol vehicles to the academy and the City Manager is recommending two (2) patrol vehicles in exchange for tuition credit in the amount of $3,000 with the Tennessee Law Enforcement Training Academy. The maker of the motion amended his motion by approving to exchange the two (2) patrol vehicles with Tennessee Law Enforcement Training Academy for tuition credit in the amount of $3,000.00. The seconder agreed with the modification of the motion. The motion passed by 7-0 roll call vote. 3.11 Pursuant to the discussion of renovations to be made to The Center, the City Manager presented each Board member a handout of the expenditures for the 2013 GO Bonds. He reminded them of their decision to repair the roof, to install two (2) replacement HVAC units and to install an elevator at the Center. He stated that the installation of an elevator at the Center would be more costly than the original estimate of $101,000, because The Center does not have a dedicated space for an elevator and a shaft will have to be constructed for one. He stated that after discussions with staff it appears that The Center is in greater need of handicap accessible bathrooms on the first floor and felt that is where money  should also be spent. Mr. Nutting discussed with the Board the various general government projects on the list. He recommended that items low on the priority list should be put off until a later date and to use some of the budgeted funds from those projects, for the completion of the new animal control facility and the renovation of The Center. The Mayor stated that he would like to have an elevator eventually installed. He requested that staff research alternate ways an elevator could be installed at The Center. After some discussion, Alderman Schneider moved to approve the agreement with Clark and Associates Architects, Inc. for the re-roofing and HVAC unit replacement at The Center. The motion was seconded and passed by 7-0 roll call vote. 3.12 The City Manager briefed the Board on the proposed architectural services contract for the new Animal Control facility. Alderman Hubbard moved to approve the agreement with Clark and Associates Architects, Inc. for the new Animal Control Facility. The motion was seconded. Alderman Sneed stated that the County is providing animal control services and felt this would be a duplication of what is already being offered by the County. Alderman Sneed moved to table the motion made by Alderman Hubbard and moved to start a dialogue with the County regarding the construction of a new jointly funded animal control facility. The motion was seconded and failed by 2-5 roll call votes. Ayes: Sneed, Head Nayes: Ellis, Mason, Schneider, Carneal, Hubbard The original motion was brought back and passed by 5-2 roll call vote. Ayes: Ellis, Hubbard, Schneider, Carneal, Mason. Nayes: Sneed, Head 3.13 Roger Lemasters, Director of Water/Wastewater Utilities, informed the Board that he had been contacted by EnerNOC, a company hired by Tennessee Valley Authority to promote the demand response program, about the City’s possible participation in the program. He informed them that participation in the “demand response” program would require the high horsepower motors at the water treatment plant to be shut off during periods of high electric system demand. Shutting off the high horsepower motors during periods of peak demand will hopefully prevent TVA from having to pay for electricity from other sources at prices that are higher than theirs. Roger also informed the Board that the City would be compensated approximately $20,000 or more per year to participate in this four-year program and recommended the City’s’ participation in the program.  Alderman Mason moved for the approval to participate in the “demand response” program. The motion was seconded. The City Manager inquired about possible penalties involved if the City was in a situation where it was not able to shut down the motors at the water plant during the peak demand periods. Mr. Lemasters assured the Board that the City would not be penalized if it could not comply with requests to turn off the motors. The motion was brought back and passed by 6-1 roll call vote. Ayes: Hubbard, Head, Carneal, Mason, Sneed, Schneider Nayes: Ellis 3.14 The City Manager informed the Board that Chief Thompson has provided them with a memo explaining that the 2013 Edward Byrne Memorial Justice Assistance Grant in the amount of $13,582.00 will be used to purchase law enforcement equipment. He stated that, although there is no match requirement with this grant, there is a requirement that a public hearing be held. Mr. Nutting informed them that a public hearing will have to be advertised in the local paper and is scheduled for the regular meeting of the Board in August. Alderman Hubbard moved to authorize Springfield Police Department to submit an application for the 2013 Edward Byrne Memorial Justice Assistance Grant. The motion was seconded and passed by 7-0 roll call vote. 3.15 The City Attorney addressed the Board on the request from the City of Ridgetop for approval of a contract with the City of Springfield for temporary assistance in complying with certain requirements of the Tennessee Regulatory Authority. He stated that City of Ridgetop has had some difficulties with the Tennessee Regulatory Authority and needed assistance due to the temporary absence of qualified staff. Mr. Balthrop informed them that this agreement basically states that if the Springfield Gas Department provides them with assistance, they agree to pay on a monthly basis for all costs and expenses incurred. He informed them the agreement will terminate in six (6) months or could be terminated sooner by either party, contingent upon thirty (30) days written notice. He pointed out that at his request, clause #10 had been added to the agreement which states that “City of Ridgetop agrees to indemnify and hold harmless Springfield from any and all claims for damages arising from the condition of the Ridgetop gas system or the service provided to the system by Springfield.” Mr. Balthrop stated that he had been contacted by Ridgetop’s attorney, Louis Oliver, expressing Ridgetop’s displeasure in the language in the clause and requested for it to be modified. The decision was made that since both parties have insurance through the TML pool, modifications to the clause should be made after each party has met with TML to ensure that both parties have coverage in case of any damages from accidents and claims have to be filed. Mr. Balthrop stated that he is seeking authorization from the Board at this time for the ability to modify the language in the clause in case  of an accident and claims are filed for damages, that both parties are covered through the TML pool. The City Manager stated that a letter has been sent to City of Ridgetop during the interim, stating that the City of Springfield will provide assistance only temporarily, to allow the Ridgetop natural gas system time to get on their feet and hire qualified personnel. Mr. Nutting informed the Board that Tennessee Regulatory Authority was also recently notified in a letter that the City of Springfield will provide assistance to the City of Ridgetop until July 31, 2013. He stated that if the Board chooses not to act on this tonight and decide to let the attorneys handle it, he would notify TRA that City of Springfield will assist Ridgetop until the day after the regular meeting in August giving the Board additional time, or the Board can authorize the agreement contingent upon the agreement of the attorneys pertaining to clause 10. Alderman Ellis moved for the City Attorney to present the Board with the wording for the contract before the next meeting in August, to give them the opportunity to review it before the meeting. The motion was seconded. The Board discussed and expressed concerns over the contract. The City Attorney stated that, although he would not be present at the scheduled special July 30th meeting, he would have the modified contract ready for their review. The maker of the motion changed the date the City Attorney is to present the Board with the modified contract. He moved to have the agreement be presented in time for possible action at the special meeting to be held on July 30, 2013. The motion was seconded and passed by 7-0 roll call vote. 4.0 Consent Alderman Schneider moved for the approval of the consent items 4.1 and 4.2 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 annual bid for materials. Recommend: Various Vendors 4.2 Springfield Police Department request for approval to award the bid for uniforms and accessories beginning July 1, 2013 through June 30, 2016 (3-year agreement) with the option of a two (2) year extension to CMS Uniforms, Nashville, Tn., at the attached price list. Recommend: Amount: Price List Attached 5.0 City Manager’s Report Mr. Nutting presented a letter from County Mayor Howard Bradley pertaining to Robertson County’s funding for the expansion of the Gorham-MacBane Public Library He also announced that City staff is making plans to clean-up the vacant lot next to One Stop Market near the intersection of South Main Street and 21st Avenue. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder