Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING SEPTEMBER 17, 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. 1.2 Alderman Hubbard moved to approve the minutes from the regular meetings of the Board of Mayor and Aldermen held on July 16 and August 20, 2013; and special meetings held on July 9 and July 30, 2013. The motion was seconded and passed unanimously. 2.0 Legislative 2.1 Alderman Schneider moved for the approval of Ordinance 13-13 on first reading. An ordinance rescinding Ordinance 90-22 in its entirety and amending Title 18 of the Springfield Municipal Code entitled “Water and Wastewater” by rescinding Chapter 3 entitled “Sewage Disposal” in its entirety and substituting a new Chapter 3 entitled ”Sewage Disposal.” The motion was seconded. Roger Lemasters, Director of Water Wastewater Department informed the Board that the City’s sewer use ordinance has not been reviewed nor amended since 1990. Mr. Lemasters informed them that after reviewing Title 18, Chapter 3 of the Springfield Municipal Code book, it was evident that although Ordinance 90- 22 was approved by the Board on December 18, 1990, it was never codified. He stated that copies of the proposed changes have been provided for the Board to review and briefed them on some of the significant changes in the ordinance that needed explanations.  Alderman Ellis made a request that the Board be provided with an itemized list of changes the City is making in the proposed ordinance that are not mandated by the state or the federal government before the third reading of the ordinance. After some discussion, Ordinance 13-13 passed by 6-0 roll call vote. 2.2 Alderman Mason moved for the approval of Ordinance 13-16 on second reading, an ordinance establishing a new fee for the rental of the Martin Luther King Jr. Park football field. The motion was seconded and passed by 6-0 roll call vote. 2.3 Alderman Hubbard moved for approval in regard to the proposed ordinance amending Title 8 of the Springfield Municipal Code entitled “Alcoholic Beverages” by amending Chapter 1 entitled “Intoxicating Liquors” by rescinding Section 8-119 entitled “Regulations for purchase and sale of intoxicating liquors” in its entirety and substituting a new Section 8-119. Mr. Nutting stated that the proposed ordinance has not been assigned an ordinance number due to the uncertainty about the Board’s willingness to take action on the proposal or not. If the Board decides to take action on the ordinance, it will be assigned a number tonight. Mr. Nutting briefly discussed the two proposed changes to the current ordinance in regard to the specific days alcoholic beverages may not be sold and the refrigeration of alcoholic beverages. He stated that the current Section 8-119 entitled, “Regulations for purchase and sale of intoxicating liquors,” has sixteen (16) provisions, whereas the proposed Section 8-119 will only have fifteen (15), due to the deletion of number 8, which prohibits the selling of refrigerated or chilled alcoholic beverages. Mr. Nutting informed the Board that staff has been contacted by several liquor storeowners requesting this change because other cities are allowing the sale of chilled alcoholic beverages. He stated that the second proposed change is provision number 15 of the current Section 8-119 and number 14 of the proposed Section 8- 119. This is in regard to prohibiting the sale of alcoholic beverages on general or primary election days. Mr. Nutting informed the Board that State law does not prohibit the sale of alcoholic beverages on election days and the reference to election days should be deleted from the regulation. The proposed ordinance was assigned number 13-18. Alderman Sneed arrived. Ordinance 13-18 was read and passed by 5-1-1 roll call vote. Ayes: Hubbard, Schneider, Carneal, Mason, Head Nayes: Ellis Abstain: Sneed 2.4 Alderman Hubbard moved for the approval of Resolution 13-19, 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 surplus property is currently assigned to the Public Works, Finance, and General Government Buildings Departments. 3.0 Administrative 3.1 A special meeting was scheduled for October 1, 2013 at 7:00 p.m. to discuss the evaluation of the sanitary sewer system by Gresham, Smith and Partners, and the cost estimates associated with the system rehabilitation project. 3.2 Robert Gardner, Director of the Electric Utilities, addressed the Board on the 1.5% retail base rate increase proposed by Tennessee Valley Authority (TVA). Mr. Gardner stated that a base rate has not been increased since 2011 and TVA has determined that an adjustment in retail rates is necessary to meet their 2014 revenue requirements. He informed the Board that the increase will be approximately $1.50 on an average residential electric bill but the increase will be offset by the decrease in the Fuel Cost Adjustment for the month of October. Alderman Mason moved for the approval of the 1.5% retail base rate increase by TVA effective October 1, 2013. The motion was seconded and passed by 7-0 roll call vote. 3.3 Alderman Hubbard moved to approve the TVA wholesale fuel cost adjustment of $0.01940 per kilowatt-hour, effective October 1, 2013. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents a decrease of 3.75% in the wholesale electric rates resulting in a decrease of $1.50 to $3.00 on an average residential electric bill. This decrease is attributed to lower than expected fuel costs for August, due to lower than normal temperatures and increased TVA hydro generation. This adjustment will be applied across all customer classes. 3.4 Alderman Schneider moved for the approval of the September gas rates for the Springfield Gas Department. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents a decrease of 1.72% in the gas rates for the month of September. 3.5 Alderman Hubbard moved to approve a request from the Robertson County Schools to proceed with the annexation of a 19.27-acre tract of property located on Batson Parkway, for the proposed location of the new elementary school. The motion was seconded and passed by 7-0 roll. Staff will prepare the necessary ordinance and plan of services. 3.6 Mr. Cordney Woodard, representing the Robertson County Family YMCA, addressed the Board on a request for continued funding for the After School Program for the Springfield Middle School. Alderman Hubbard moved to approve funding for the program in the amount of $10,000. The motion was seconded. Alderman Schneider stated that she will abstain from voting on this issue due to serving on the Robertson County Family YMCA Board of Directors. The motion passed by 6-0-1 roll call vote. Ayes: Carneal, Head, Sneed, Mason, Ellis, Hubbard Nayes: 0 Abstain: Schneider 3.7 Alderman Hubbard moved to approve the recommendation of the Traffic Committee to reduce the speed limit from 30 mph to 20 mph on 15th Avenue, between Batts Blvd and South Main Street. The motion was seconded and passed by 7-0 roll call vote. This request for a speed limit change came from Mr. Woods at the Serenity Funeral Home. 3.8 Alderman Hubbard moved to approve the following parade applications: 1. Whiskers & Paws 5K Run/Walk for The Cause, submitted by Diane Johnson for September 21, 2013; from 8:30 to 9:30. The 5K Run/Walk will start at the Springfield Middle School and end at Travis Price Park. 2. Springfield High School Homecoming Parade, submitted by Jayme Stanley for September 27, 2013, from 4:00 p.m. to 4:30 p.m. The parade will start assembling at 3:00 p.m., at the parking lot across from Southside Drugs (10th Avenue and Main Street). 3. Robertson County’s Bump in the Night Bash, submitted by United Way of Robertson County. Street closures are requested on October 25; from 5:00 p.m. until 12:00 a.m. (midnight) and on October 26, 2013; from 9:00 a.m. to 12:00 a.m. (midnight). The motion was seconded and passed by 7-0 roll call vote. 3.9 Mr. Nutting addressed the Board about the need to establish a minimum fund balance policy for the General Fund. He presented a “Model Fund Balance Policy” recommended by MTAS and the State Comptroller that the Board can gradually move towards in the future. It will require that the City address all the categories of fund balance and establish guidelines for each. Mr. Nutting also presented a copy of a simple “General Fund – Fund Balance Policy” as a starting point. He stated that he would like to gradually establish a minimum fund balance policy for each of the utility operating funds as well. Mr. Nutting informed the Board that, in seeking to establish a minimum fund balance policy for the General Fund, it would be his recommendation to establish a firm amount in round figures that is reviewed at least every two years. The projected ending fund balance for fiscal year 2014 (the current year) is approximately $1,900,000. This amount will have to be the initial minimum fund balance for any policy established during the current fiscal year. He stated that he would like to work toward gradually establishing a larger minimum fund balance based on one of the following options stated in order of preference: 1. Two (2) months operating expenditures including long-term bonded indebtedness. Based on the current fiscal year budget, this amount would be $3,063,000. 2. Two (2) months operating expenditures excluding long-term bonded indebtedness. Based on the current fiscal year budget, this amount would be $2,704,440. 3. An amount that is equal to the annual expenditures for long-term bonded indebtedness. The payment of long-term bonded indebtedness for the current fiscal year amounts to $2,151,395. The purpose of this recommendation is to ensure that the City has enough in reserves to retain its current bond rating of A1. In reviewing the proposed “General Fund – Fund Balance Policy,” Alderman Sneed recommended that phrasing in the last paragraph be changed from “the Board of Mayor and Aldermen will develop a plan” to “the Board of Mayor and Aldermen shall develop a plan.” The consensus of the Board was to make this change and Mr. Nutting advised that staff will make the recommended amendment to the policy. Alderman Ellis moved to establish a minimum fund balance for the General Fund in the amount of $2,000,000. The motion was seconded and passed by 6-1 roll call vote. Ayes: Head, Carneal, Schneider, Mason, Ellis, Sneed Nayes: Hubbard 3.10 The Board was provided a copy of the bid summary for the re-roofing and replacement and repair of HVAC units at The Center. Mr. Nutting presented the Board with an updated recommendation of how to reallocate the bond proceeds from the GO Bonds, Series 2013 in order to fund the project. Based upon the amount of the low bid for the project, funds that were allocated for an elevator for The Center and for walking trails and sidewalks at Travis Price Park will have to be reallocated to the roof and HVAC project, as will more than half of the previously allocated funds for city sidewalks. Mr. Jon Clark, a principal with Clark and Associates Architects, Inc., briefed the Board on the bidding process for the re-roofing and HVAC project for The Center. He recommended the award of the bid to the low bidder, Swift Roofing, in the amount of $747,400. Alderman Hubbard moved for approval to award the bid to Swift Roofing in the amount of $747,400. The motion was seconded and passed by a 7-0 roll call vote. 3.11 Mr. Nutting addressed the Board about the recent gas main extension project serving Martin’s Chapel Road, Martin’s Chapel Church Road, Lipscomb Lane and Meadow Court. Approximately fifty (50) property owners have had full service lines installed on their properties at no cost, due to the fact that they were notified by letter that the one hundred dollar ($100.00) tap fee and one dollar ($1.00) per linear foot service line extension fee were waived. The property owners were advised they would only have to pay the service charge of twenty dollars ($20.00). This action is contrary to the City of Springfield’s conditions of service policy established by ordinance. A total of 15,459 linear feet of service line has been installed. The shortest service extension is 50 feet long and the longest extends a distance of 1,320 feet. He also provided to Board members a copy of the letter which was mailed to property owners. Mr. Nutting advised the Board that, in light of the circumstances, they must decide how to resolve the issue with regard to customers having their fees waived. He expressed the view that the customers and potential customers affected did not fully understand the policies, procedures and fees pertaining to gas extension projects, but in his opinion, everyone should pay the tap and extension fees that are ordinarily required to obtain service. Mr. Nutting stated that those customers who have had services activated should be given a set period of time to pay the required fees, such as six months or one year. Any potential customer who has not received service to date should have to pay the full amount of the extension and tap fees before service is activated. Mr. Greg Riddle, Director of Gas Utilities, answered questions from the Board about the project. After discussion, Alderman Hubbard moved for approval to require the residents who received the letter (waiving the taps fee and service line extension fee) to  pay, as required, the tap and service line extension fees with an installment plan that allows them six (6) months to one (1) year to pay the fees. The motion was seconded and failed by 1-6 roll call vote. Ayes: Hubbard Nayes: Head, Carneal, Schneider, Mason, Ellis, Sneed Alderman Sneed moved to honor the letter sent by the Gas Department informing residents that tap fees and service line extension fees will be waived and that they will be charged only the twenty dollar ($20.00) service charge. The motion was seconded. Mr. Nutting stated that all the letter required of the property owners was to pay the $20.00 service charge and that is in fact what has happened, therefore, no further action is needed. The maker and the seconder rescinded their motion. Mayor Carneal clarified that the fifty (50) residents who acted on the letter sent to them waiving the tap and service extension fees, and already have gas service, will have the fees waived. Any resident who received the waiver letter, but did not act on it will receive an amended letter informing them of the required tap fee, service extension fee and service charge required to receive natural gas service. 3.12 Gina Holt, Assistant City Manager, informed the Board that a Request for Proposal (RFP) was sent out for vendors to submit proposals to meet our the audio/video requirements for broadcasting on our cable access channel. Only two proposals were submitted and they were both considerably over the budget. A decision was made to seek alternate methods of broadcasting announcements and videos. Ms. Holt stated that she contacted Mankin Media, manufacturer of the original Infocaster software, and they were able to put together the hardware and software, and two days of training for an amount of $15,957.24. Ms. Holt stated that it is still uncertain if the County will be participating again. She has contacted Mayor Bradley and was told they are still trying to get a dedicated channel for the County. Ridgetop will continue to use our channel for broadcasting their monthly board meetings. Alderman Hubbard moved to award the bid for the broadcasting hardware and software to Mankin Media, Franklin, TN in the amount of $15,957.24. The motion was seconded and passed 6-1 roll call vote. Ayes: Mason, Ellis, Carneal, Hubbard, Head, Schneider Nayes: Sneed 3.13 Mr. Nutting and Roger Lemasters, Director of Water/Wastewater Utilities, briefed the Board on the request from the Water Wastewater Department to modify the contract amount with Gresham, Smith & Partners, for the Task Order 1 due to additional surveying costs. Alderman Hubbard moved for the approval to modify the contract with Gresham, Smith & Partners, by increasing the amount for surveying services by an additional $100,000 to complete the acquisition of the necessary data for sewer rehabilitation. The motion was seconded and passed by 7-0 roll call vote. 3.14 The Board scheduled a special meeting with the Realizing Robertson’s Future investor group for November 5, 2013 at 7:00 p.m. 4.0 Consent Alderman Hubbard moved for the approval of the consent items 4.1, 4.2, and 4.3 on the agenda. The motion was seconded and passed by 7-0 roll call vote. 4.1 Public Works Department request for approval to award the bid for a high pressure water jetting unit, U S Jetting 3040 (700 gallon unit) in the amount of $61,622.00 to Stringfellow, Inc. 4.2 Public Works Department request for approval to award the bid for a new dump bed in the amount of $14,500.00 to Rogers Manufacturing Co., Inc. 4.3 The Legacy request for approval to award the bid for the construction of a restroom on the golf course in the amount of $14,564.00 to Treat Right Construction, LLC. 5.0 City Manager’s Report Mr. Nutting commended Mr. George Hall, former Director of Gas Utilities, for his over 30 years of dedicated service to the City of Springfield and the Gas Department. He stated that Mr. Hall has much to be proud of and that he is an asset to the community. Under the direction of Mr. Hall, the gas system has been greatly improved. Mr. Hall also worked diligently to strengthen public gas systems state-wide. Mr. Nutting reviewed some of Mr. Hall’s major accomplishments as Director of Gas Utilities as follows:  Inherited a bad situation and put the department on a solid business footing   Upgraded the existing system with the elimination of cast iron and bare steel gas main  Extended the system to expand the customer base and improve system performance  Hired, trained and retained very capable employees  Kept the system facilities and equipment in good condition  Took a leadership role in the City of Springfield employee safety program  The department is in good financial condition and in the past year used $1,000,000 in reserves to discount winter rates for all residential and small commercial customers  He is a founder of the Tennessee Energy Acquisition Corporation which is an organization of 19 member gas utilities and several associated gas utilities to purchase large volumes of natural gas at prices well below index prices. Mr. Hall also served for many years as Chairman of the TEAC Board of Directors. The organization also helps gas utilities manage their storage and transportation costs. Police Chief David Thompson is recommending Animal Care and Control Policies, and related amendments to the Springfield Municipal Code Alderman Sneed has asked the staff to evaluate the cycling of traffic signals during the late night and early morning hours. The Traffic Committee will review the situation and make a report to the Board at a regular meeting. Mr. Josh Geppi, General Manager of The Legacy golf course, is recommending the suspension of the annual fee plan until it can be evaluated. Mr. Nutting stated that he was planning to do so, if there is no objection from the Board. We will honor all existing agreements until the term of the individual fee agreement runs out. There was no objection from the Board. Endy, the canine officer is being retired and our practice has been to transfer ownership of the dog to its handler. Mr. Nutting stated that he is planning to proceed with the transfer of ownership to Officer Mark McLane effective September 26, 2013; unless the Board has any objections. The Board had no objections. The Springfield Housing Authority Board of Directors will not be able to meet with the Board of Mayor and Aldermen in October. They are, however, planning to approve the housing authority’s five-year plan at their regular meeting in  October. November would be a better month for the housing authority board to meet with the Board of Mayor and Aldermen. A total of thirty (30) unsafe buildings have been demolished during the current calendar year. Twenty-one (21) structures have been removed by the owners and nine (9) have been removed by the City. Of the nine (9) structures removed by the City, eight (8) were by the Public Works Department and one (1) was by City contractor. A total of seven (7) structures have been repaired by the owners. The bidding for the construction of the Water/Wastewater Department facility has been moved back a couple of months to resolve the availability of funding to meet the latest budget estimates for the project. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder