The City Council for the City of Crossville, Tennessee met in regular session on Tuesday, August 11, 2009 at Crossville City Hall.
Roll Call. Present: Councilman Boyd Wyatt, Sr., Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent/Excused: Councilman Carl Duer, M.D. Others present were City Manager Ted Meadows, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Chief David Beaty, Maj. Mark Rosser, Julia Palumbo, Dorothy Meharg, Art Meharg, Jim Young, Don Haberman, Tim Begley, Frank Drabek, Charlie Woll, Steven Dorsey, Mary Dorsey, Troy Shaver, Steve Kraft, Mary Ann Brown, Alex Whithers, Hunter Whithers, Roger York, Steve Hill, Andy Vaughn, Jim Butler, Frances Carson, Fred Houston, Joe Miller, Tim Chesson, R. Thurman, Sandra Gruber, Jerry Garrison, Quineth Roberts, Warren Huddleston, Susan Bilbrey York, Gary M. Green, Matt Cravens, Harold Conner, R. C. Cravens, R. C. Cravens, Jr., David H. Buswell, Yoko O. Buswell, Duke Coyne, Billy Loggins, Tom Baldwin, Clark Annis, Jerry Walker, Dee Walker, Thomas S. Wolf, Bill Ray, Paul Rutner, Scott Christian, Karli Threet, William Smith, Priscilla Cox, Ron Bodary, Janet Oakes, Marlie Oakes, and Jeanene Houston.
Mayor Graham was present and presiding and called the meeting to order at 6:00 p.m. The invocation was given by Tim Chesson of the Faith Worship Center. The Young Marines presented the colors and led the Pledge of Allegiance.
ITEM #1 – PRESENTATIONS
a) Christopher Theodore and Senior Olympics softball teams – Mr. Theodore was recognized for starting the Senior softball organization in Crossville around 7 years ago, which now has over 100 participants. The 70+ team was recognized for winning the Gold Medal in the Tennessee Senior Olympics and qualifying for the National Senior Olympics.
b) Childhood Cancer Awareness Month – Steve Dorsey’s Eagle Scout Leadership Service Project is a Childhood Cancer Awareness Campaign.
c) Good Neighbor Day – Promoted by R. G. Cravens of “Gifts from the Heart”
d) Veolia Awards – Clark Annis presented the following awards given by the KY/TN Water Environment Associations:
o Operations Excellence Award 2008 – City of Crossville Wastewater Facilities (5th year in a row)
o Pretreatment Excellence Award 2008 – StonePeak Ceramics
o Pretreatment Excellence Award 2008 – Mizkan Americas
ITEM #2 – CONSENT AGENDA
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that all items on the consent agenda be approved as follows:
a) Approval of minutes (7/14, 7/30)
b) Approval of $7,000 payment to PGA, Tennessee Section, for sponsorship of State Pro-Am
c) Authorization to open bank account for ARRA funds for Department of Justice JAG grant
d) Approval of revision of temporary street closings for Cruise-Ins for August, September, and October to add the closing of 4th Street from Main St-Thurman Ave on Friday night from 9:00 p.m. to 9:00 p.m. Saturday in order to move the stage from Main Street to 4th Street
e) Approval of contract agreement with Community Development Partners for CDBG-R wastewater treatment plant project administration
f) 2nd Reading of Ordinance amending the FY09-10 budget in the amount of $500,000 for CDBG-R grant revenues
g) Approval of donation to Hilltoppers in the amount of $6,566 for local match for purchase of vehicle
h) 1st Reading of Ordinance amending the FY09-10 budget in the amount of $6,566 for one-time donation to Hilltoppers
i) Bids on tile installation at airport
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Carl Duer, M.D.
ITEM #3 – MATTERS RELATIVE TO MARKETING/PUBLIC RELATIONS – BILLY LOGGINS
Billy Loggins updated the Council on the following marketing projects, on-going and recaps:
· Upper Cumberland Development District golf tournament
· Crossville Golf Capital Women’s Open
· Weatherization Program information
· Christmas Parade – December 5 (Stormi Henley, Miss Teen USA, is expected to be the Grand Marshall)
· Airport 75th Anniversary/Air Show – September 12
· Golf Capital Classic High School Tournament – August 24
· New Carl Duer Soccer Facility opening – August 15 opening games
· City of Crossville State Team Championship – held in July
· Hall of Trees…Gaylord Opryland Hotel (Nashville)
· Meadow Park Lake Celebration held July 18
· Skate park grand opening held July 18
· Cruise-In held July 25 downtown
· Women’s Open held in July at Stonehenge – recognized Charlie Woll, Steve Kraft, Warren Huddleston
· Jerry Walker, representing the Shriners’ Childrens’ Hospital, thanked the Council for the proceeds received from the Don Helms festival
ITEM #4 – MATTERS RELATIVE TO TRANSFER OF RIGHTS OF SEWER LINE FROM SHADBERRY TO BROWN ELEMENTARY TO TANSI WASTE MANAGEMENT
Tansi Waste Management requested that the City transfer its rights to the sewer line from Shadberry to Brown Elementary once they have their sewer plant in place to handle the sewage. A proposed lease was presented for approval. City Attorney Chadwell explained that the City currently has the responsibility to treat the effluent and the right to take over the line. Councilman Wyatt stated that he was interested in conveying the entire line all the way to South Cumberland. Duke Coyne stated that they would sever the line at Shadberry and the portion from Shadberry to South Cumberland Elementary would be cleaned and plugged as a dead line.
A motion was made by Mayor Graham, seconded by Councilman Dean, that, based upon the information provided in the meeting from Mr. Coyne, the agreement regarding the Brown Elementary sewer line, be approved as presented. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Carl Duer, M.D.
ITEM #5 – MATTERS RELATIVE TO WHOLESALE LIQUOR INSPECTION FEE
Councilman Kerley brought forth a request from Roger York, as well as the other two liquor store owners, that the City reduce the wholesale inspection fee from 8% to 5% to be competitive with the fees charged in surrounding counties. Roger York, Don Haberman, and Janet Oakes came before the Council and stated that their customers that buy in volume want to pay comparable prices as they pay in other cities. They also pointed out that these same customers are frequently traveling to Knoxville and Nashville for shopping and medical appointments and will purchase in those areas if the local stores are not competitive. Since the only revenues are little more than the initial stocking of the stores, the matter was deferred until a few more months have passed to more fully ascertain what the revenues will be.
ITEM #6 – MATTERS RELATIVE TO SKATEPARK RULES AND REGULATIONS
Councilman Kerley asked for consideration of options to enforce the requirements that skaters and bikers wear helmets when using the City’s facilities. City Attorney Chadwell stated that the bulk of TML’s claims come from the maintenance of the skate park equipment and not from injuries resulting from not wearing protective equipment. They do recommend that rules and a “skate at your own risk” policy be posted. They also recommend periodic enforcement, but not through an ordinance and citing into court. The City would accrue liability if it is strictly enforced at all times. Currently, the police ask them to leave if they don’t have their helmets on. Mr. Chadwell recommended that policy continue.
ITEM #7 – MATTERS RELATIVE TO DOWNTOWN RENOVATION PROJECT
Mayor Graham requested that a work authorization for Step 2 and Step 3 services from EG&G be approved on the downtown renovation project. Step 2 will begin the financing plan for implementation and Step 3 is the Implementation Plan and services to implement the plan, including grant services. The total amount for these two services is $38,000.
A motion was made by Mayor Graham, seconded by Councilmen Dean and Wyatt, that Step 2 and Step 3 services contained in the master agreement with EG&G on the downtown renovation project be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Carl Duer, M.D.
ITEM #8 – MATTERS RELATIVE TO PERSONNEL RULES AND REGULATIONS REVISIONS
A revision of the Personnel Rules and Regulations to include clearer language and updated laws was presented for adoption. The major changes are to ethics, nepotism, sick leave policy, information technology policies, and grievance procedures. The matter was deferred until the entire Council can be present.
ITEM #9 – MATTERS RELATIVE TO AIRPORT PROJECTS
City Clerk Sally Oglesby reported that two meetings have been held with TDOT-Aeronautics and the consulting engineers on projects at the airport. Following those meetings, the draft of the Airport Layout Plan was approved for finalization. The State authorized the City to proceed with the bidding of the t-hangar project and the fuel farm relocation. A work authorization with PBS&J to proceed with the final design and bidding of the fuel farm relocation was presented and recommended for approval.
A motion was made by Councilman Wyatt, seconded by Councilman Graham, that the work authorization for the fuel farm relocation project with PBS&J be approved in the amount of $33,860. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Carl Duer, M.D.
ITEM #10 – CITY ATTORNEY’S REPORT
City Attorney Kenneth Chadwell reported that two lawsuits have been filed. The State of Tennessee included the City on an eminent domain suit. From that, the City should receive the abatement lien that was filed on the parcel. The other suit, Baker vs. City, is on a tort claim from a bicycle wreck where Mr. Baker encountered a grate in the road. The City is represented by Dan Rader of Cookeville, who was appointed by the TML Risk Management Pool.
No new information was available on the negotiations with the POA on the Lake Tansi water harvesting project. The POA Board may meet on August 12. The City’s eminent domain filing is held in abeyance until August 18, but they have accepted service as of July 31.
ITEM #11 – CITY MANAGER’S REPORT
City Manager Ted Meadows presented the monthly revenue reports for local option sales tax, wholesale beer tax, and wholesale liquor inspection fees. It was noted that the sales tax for May sales were down 17% and the June sales were down 9.7%. A report on building permits issued showed that only 2 residential permits were issued in July, but there were 4 issued last week. Mr. Meadows and Tom Wolf presented an update on special projects:
In personnel matters, Mr. Meadows recommended the following pay adjustments:
§ Jerry Copeland – Payment of $6,672 was requested to cover $3,000 retirement bonus and 240 hours of vacation pay in the amount of $3,672, as authorized in the personnel rules. His retirement was effective 8/3/09. He will also be receiving bridge insurance until age 65 (12/22/11).
A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the retirement pay to Jerry Copeland be approved as outlined. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Carl Duer, M.D.
§ Det. Brian Eckelson – Approval of a 5% increase in pay retroactive to 7/1/09. This employee had been overlooked in a previous pay adjustment request. The total amount of increase is $1,623.
§ Det. William Padgett – Approval of a $1,000 pay adjustment to put him at the minimum of his pay grade.
A motion was made by Mayor Graham, seconded by Councilman Kerley, that the pay adjustments be approved as outlined. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Carl Duer, M.D.
Approval was requested to rent equipment from Asphalt Zipper, Inc., a sole source provider, to remove old asphalt before paving at an estimated cost of $10,900, with a damage deposit of $5,500.
A motion was made by Mayor Graham, seconded by Councilman Wyatt, that a contract with Asphalt Zipper, Inc. for equipment rental for removing old asphalt be approved.
A resolution and other documents were presented for approval on the water harvesting project through the State of Tennessee State Revolving Loan Fund. The loan will be $5,000,000, with $2,000,000 in forgiveness utilizing American Recovery and Reinvestment Act funds.
A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the resolution authorizing and providing for the financing of the construction of a water facilities project, including authorizing the execution of application, contractual agreements, and other necessary documents, and making certain representations, certifications, and pledges of certain revenue in connection with such financing be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Carl Duer, M.D.
With no further business, the meeting was adjourned at 7:45 p.m.