COMMISSION MEETING MINUTES SEPTEMBER 21, 2017

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A MEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF JOHNSON CITY, TENNESSEE was held in the Commission Chambers of the Municipal and Safety Building, 601 East Main Street, Johnson City, Tennessee on Thursday, September 21, 2017. PRESENT: Mayor David Tomita, Vice-Mayor Jenny Brock, Commissioners Todd Fowler, Ralph Van Brocklin and Joe Wise, Pete Peterson, City Manager, and Janet Jennings, City Recorder. Mayor David Tomita called the meeting to order at 6:00 p.m. At this time, Dale Cunningham, Pastor, Boones Creek Bible Church, led the invocation, which was followed by the pledge of allegiance. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The motion carried five ayes. There were no nay votes. JOHNSON CITY, That an addition to the agenda of the consideration of a beer license for All Mart LLC, be and the same is hereby approved. Commissioner Joe Wise, the following resolution was offered for adoption. The motion carried five ayes. There were no nay votes. JOHNSON CITY, That the minutes of the regularly scheduled City Commission Meeting held on Thursday, September 7, 2017, be and the same are hereby approved. At this time, Mayor David Tomita presented a proclamation recognizing PTA Membership Enrollment Emphasis Month. Paula Treece, JCCPTA President, was present. 1

At this time, Fire Chief James Stables recognized the following firefighters for receiving EMS Lifesaving Awards, representing their contributions and efforts that resulted in saving lives: Andy Jones, Christopher Ward, Brian Barnett, Ted Leinarr, Jarread Whitehead, Matt Carr, Robbie Williams, Andrew Kendrick, Thomas Norris, Brandon Stevens, Kurt Bennett and Daniel Chrismark. Also recognized, but unable to attend: Wayne Buckles and Michael Britt. At this time, City Manager Pete Peterson recognized Joy Baker, Risk Management Director, for the Excellence in Risk Management Award. At this time, Alicia Summers presented the Industrial Development Board Annual Update. Commissioner Todd Fowler, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That the continuance of the Industrial Development Board for twelve months, be and the same is hereby approved. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That a Temporary Occasion License for the American Cancer Society to sell beer on September 22, 2017 at the Founders After Five event at Founders Park, be and the same is hereby approved. Holly Booker was present. 2

Commissioner Joe Wise, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That a beer license for All Mart LLC, 3658 West Market Street, Johnson City, Tennessee, contingent on approval from Codes, Fire and Legal, be and the same is hereby approved. Kruti Brahmbhatt was present. Commissioner Joe Wise, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That a Certificate of Compliance for Northside Package Store of Johnson City, Inc., d/b/a Northside Wine and Spirits, 2311 Browns Mill Road, Johnson City, Tennessee, be and the same is hereby approved. Commissioner Joe Wise, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That a Certificate of Compliance for Libations LLC, d/b/a Plaza Package Store, 4471 North Roan Street, Johnson City, Tennessee, be and the same is hereby approved. Joe Nickels was present. At this time, City Manager Pete Peterson presented the City Manager s Report. Commissioners expressed an interest in continuing discussions regarding the property near Winged Deer Park and the future direction. A Workshop is to be scheduled for November to include a review of the total costs related to the potential investment (i.e. baseline, contingencies, maintenance and upkeep, etc.) and funding sources. Upon motion by Commissioner Joe Wise, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That the reappointment of Kathy Hall and the appointments of Don Spurrell, David Gemar and Ralph Van Brocklin (Commission Representative) to the Johnson City Public Library Board, be and the same are hereby approved. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That the appointments of Chasidy Hathorn, Elvis Kee, Christine Murdock and Michelle Treece to the Public Art Committee, be and the same are hereby approved. 3

Commissioner Joe Wise, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That the Consent Agenda for September 21, 2017, be and the same is hereby approved. CONSENT AGENDA: A. GENERAL: i. Consider declaring certain Transit equipment as surplus: One-(1) Ford F250 (Purchasing Department) ii. Consider approval of reimbursement for Incidental Costs in the amount of $11,231.05 for Tract 12 on the Knob Creek Road/CSX Railroad Overpass Project (Public Works Department) iii. Consider Change Order #2 for a contract increase in the amount of $5,386.60 for Bakers Construction Services on the Indian Ridge Road/State of Franklin Road Project (Public Works Department) iv. Consider Change Order #2 for a net contract decrease in the amount of $16,071.50 for Thomas Construction Company on the Sevier Street Drainage Improvement Project (Public Works Department) B. INVOICES: i. Bakers Construction Services.............. $208,617.50 Public Works Department ~ Invoice #8 Indian Ridge Road & State of Franklin Road Funding Source: 80% Federal & 20% Local ii. Thomas Construction Company........... $11,058.00 Public Works Department ~ Pay Request #7 (FINAL PAYMENT) Sevier Street Drainage Project Funding Source: Stormwater Fund 4

iii. AMEC Foster Wheeler................... $7,973.00 Public Works Department ~ Invoice #N22130596C Northeast Regional Stormwater Planning Group~NPDES Phase II Funding Source: Stormwater Fund iv. Littlejohn Engineering.................... $2,700.00 Public Works Department ~ Invoice #81466 VA Access Project Funding Source: 80% Federal & 20% Local v. The Metal Museum..................... $47,400.00 Public Works Department ~ Invoice #MS1816 King Commons Decorative Railing Funding Source: Stormwater Fund vi. CDM Smith............................. $13,028.90 Water & Sewer Services Brush Creek & Knob Creek Wastewater Treatment Plant Improvements Funding Source: Bond Funded vii. CDM Smith............................. $10,583.65 Water & Sewer Services Brush Creek & Knob Creek Wastewater Treatment Plant Improvements Funding Source: Bond Funded viii. King General Contractors................. $14,591.05 Water & Sewer Services ~ Pay Request #2 Bunker Hill Tank Reconstruction Funding Source: Budgeted Expense ix. Shaw & Shanks Architects................ $4,349.25 Administration ~ Invoice #4 Langston High School Additions & Alterations Funding Source: Bond Funded 5

x. Shaw & Shanks Architects................ $2,826.41 Administration ~ Invoice #19 Freedom Hall Civic Center Additions & Alterations Funding Source: Bond Funded xi. Barnard Roofing Company................ $37,458.50 Administration ~ Pay Request #4 Science Hill High School Partial Reroofing Funding Source: PEP Bonds xii. Barnard Roofing Company............... $28,687.15 Administration ~ Pay Request #4 Towne Acres Elementary School Partial Reroofing Funding Source: PEP Bonds xiii. Preston Construction Company........... $85,534.91 Administration ~ Pay Request #2 Johnson City Jail Plumbing Replacement & Upgrades Funding Source: Capital Projects Fund 6

C. BIDS i. ITB #R6104 Schreiber LLC........................... $470,300.00 Purchasing for Water & Sewer Services Grit & Grease Removal Equipment Funding Source: Rate Funded Capital 7

ii. ITB #6157 Triad Freightliner of Tennessee........... $114,564.00 Purchasing for Public Works: Solid Waste Division Single Axle Roll-Off Collection Vehicle Funding Source: Capital Equipment Fund 8

iii. ITB #6163 Vermeer Heartland...................... $63,519.47 Purchasing for Water & Sewer Services Trailer Mounted Vacuum Excavator Funding Source: Rate Funded Capital 9

D. PURCHASES i. Butler Appraisal Group................... $700.00 Purchasing for Public Works: Engineering Division CSX Railroad Overpass Project Change Order #1 Funding Source: Federal ~ State ~ General Fund ii. Vaughn & Melton Consulting Engineers.... $5,620.00 Purchasing for Public Works: Engineering Division CSX Railroad Overpass Project Change Order #1 Funding Source: Federal ~ State ~ General Fund Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, Ordinance No. 4649-17, AN ORDINANCE TO CONVEY A PORTION OF RIGHT-OF-WAY ON MOUNTCASTLE DRIVE TO GREG ISBELL, was passed on second reading. The motion carried by five ayes. There were no nay votes. Commissioner Joe Wise, Ordinance No. 4648-17, AN ORDINANCE FOR THE APPROVAL OF THE ABANDONMENT OF A PORTION OF HAMILTON PLACE RIGHT-OF- WAY, was passed on third reading. The motion carried by five ayes. There were no nay votes. 10

/s/ David Tomita MAYOR ATTEST: /s/ Janet Jennings CITY RECORDER APPROVED AS TO FORM: /s/ James H. Epps, IV CITY ATTORNEY 11

By: /s/ J.M. Cox, Jr. J.M. Cox, Jr. /s/ Joseph V. Thomas Joseph V. Thomas /s/ Eloise O. Thomas Eloise O. Thomas /s/ Gerald D. Thomas Gerald D. Thomas /s/ Cassandra S. Thomas Cassandra S. Thomas Vice- Mayor Jenny Brock, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That, with regard to the purchase of the Hands On! Regional Museum building at 315 East Main Street, Johnson City, Tennessee, the Agreement of Sale ($500,000), promissory Note (10 equal payments) and Agreement of Lease, be and the same are hereby approved. 12

Upon motion by Commissioner Joe Wise, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That the purchase of 1.63 acres from the First Church of Christ, Scientist, located next to Science Hill High School on Liberty Bell Boulevard with the purchase funded by the Fund Balance, be and the same is hereby approved. Vice- Mayor Jenny Brock, the following resolution was offered for adoption. The motion carried by five ayes. There were no nay votes. JOHNSON CITY, That a Resolution and Agreement regarding Intergovernmental Financing of Aerospace Park at Tri-Cities Airport, be and the same is hereby approved. Johnson City s share of the financial commitment is 22.5% with an amount not to exceed $1,912,500. Upon motion by Commissioner Todd Fowler, seconded by Commissioner Joe Wise, the following resolution was offered for adoption. The motion carried by four ayes. Vice-Mayor Jenny Brock was absent from the Chambers. There were no nay votes. JOHNSON CITY, That the increased Fair Market Values on the Knob Creek Road/CSX Railroad Overpass Project for Tracts, 23, 24, 25, 26 and 31, contingent upon the firm, Vaughn and Melton, covering the cost overrun, be and the same are hereby approved. There being no further business or discussion, Mayor David Tomita adjourned the meeting at 7:33 p.m. DAVID TOMITA MAYOR JANET JENNINGS CITY RECORDER ITEMS DEFERRED: 1. None. ACTION ITEMS: 1. Regarding the property near Winged Deer Park and the future direction, a Workshop is to be scheduled for November to include the review of total costs related to the potential investments (i.e. baseline, contingencies, maintenance and upkeep, etc.) and funding sources. 13