Mayor Pro-Tem Boyd Wyatt, Sr. was present and presiding.  Councilmen present were Earl Dean, Dr. Carl Duer, Jesse Kerley, and Boyd Wyatt, Sr.  Mayor J. H. Graham, III was absent.  Others present were City Manager Dr. Jack Miller, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Greg Lack, Dane Keck, Sherman Keck, Tim Begley, Carla Campbell, Tina Campbell, Peggy Hill, Ed Morrow, Calvin Turner, Janie Lack, Jana Lack, Teresa Davidson, Joe Miller Cody Dickinson, Ralph Reagan, Randy York, Howard Stubbs, Cate Passalacqua, Darlene Barnwell, Jim Young, Mark Fox, Frank Drabek, Sam Williams, Michelle Cobb, Emily Saunders, Clark Annis, Bratton Tucker, Jerry Kerley, Randy Laine, Michael Cockran, Jim Mitchell, Jim Gilliam, Kyle Dunn, Alan Pedigo, Barbara Coffman, Christy Lewis, Mike Turner, Art Meharg, Dorothy Meharg, Chris South, Dr. Zeino, Gail Sherrill, Derrick Sherrill, Lindsey Sherrill, Emily Strickland, Brett Strickland, Angie Spitler, Susan Houston, Ceadle Houston, Ed Houston, Derek Wagner, Jerry Garrison, Steve Hill, Dennis Gregg, John Dawkins, and David Beaty.

 

            Mayor Pro-Tem Wyatt called the meeting to order at 6:00 p.m.  The invocation was given by Bratton Tucker of the Pomona United Methodist Church.  The Young Marines presented the colors and led the Pledge of Allegiance.

 

 

ITEM #1 – PRESENTATIONS

Mayor Pro-Tem Wyatt, on behalf of Mayor Graham, proclaimed March as Kidney Disease Prevention Month.

a)         February Student of the Month – “Respect” – Lindsey Sherrill was recognized for this award by Councilman Dean.

b)        March Student of the Month – “Fairness” – Michael Perdomo was recognized for this award by Councilman Dean.

c)         North Cumberland Cub Scout Pack #175 – This group was recognized for their outstanding community service.

 

 

ITEM #2 – CONSENT AGENDA

 

            The following changes were made to the consent agenda prior to the motion and vote:

  • Item “b and c” will include the entire 15 acre Keck property, at the request of the owners.
  • Item “m” was corrected to read “Approval of grant application in the amount of $5,000 (local share $2,500) for Three Star Program costs.”
  • Item “n” was deferred.
  • Item “o-‘i’” (Woodmere water tank repainting) was deferred.

 

A motion was made by Councilman Duer, seconded by Councilman Dean, that the following items on the consent agenda be approved:

a)      Approval of minutes (2/13, 2/16)

b)      Resolution adopting a Plan of Service for the annexation of approximately 25.176 acres on Genesis Road and Cook Road

c)      3rd Reading of ordinance annexing approximately 25.176 acres required for improvements on Genesis and Cook Roads

d)      1st Reading of ordinance annexing 423 Spruce Loop

e)      3rd Reading of FY2006-07 Budget Amendment in the amount of $4,620 for Council pay

f)        3rd Reading of FY2006-07 Budget Amendment in the amount of $95,000 for Catoosa waterlines on Tate Road, Fox Road, and Potato Farm Road

g)      1st Reading of FY2006-07 Budget Amendment in the amount of $14,990 for SMHS flashing signals

h)      1st Reading of FY2006-07 Budget Amendment in the amount of $12,397.73 for engineering services for a sewer line relocation on Peavine Road

i)        Authorize Mayor Graham to sign contract with TDOT for a traffic signal to be located at the intersection of Tenth Street and Miller Avenue

j)        Authorize Mayor Graham to sign annual Loan Agreement with the U.S. Department of the Air Force for the jet located adjacent to the football field at CCHS (“Miss Nettie”)

k)      Resolution supporting and participating in the development of a Cumberland Regional Habitat Conservation Plan

l)        Approval of grant application in the amount of $1,550 for a Palace Theatre Touring Artist

m)    Approval of grant application in the amount of $5,000 (local share $2,500) for Three Star Program costs

n)      Approval of contract with Stigall Engineering Associates in the amount of $36,500 for engineering services for a water line to serve The Bluffs at Cumberland Cove - DEFERRED

o)      Bids:

                                     ii.      Accept low bid of Bobcat of Knoxville in the amount of $7,614.50 for a hydraulic breaker/nail point

                                    iii.      Accept low bid of Turner Roofing in the amount of $19,500 for the Centennial Park Office Roof

                                   iv.      Accept low bid of Security Fence in the amount of $9,245 for the Holiday water treatment plant gate openers

                                     v.      Accept low bid of Pittsburg Tank & Tower in the amount of $14,310 for the retirement of 3 water tanks

p)      Approval to purchase 2007 Chevrolet Impala at state bid price of $15,711 from Bill Heard Chevrolet for City Manager

q)      1st Reading of FY2006-07 Budget Amendment for City Manager vehicle

Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

o)                  i.  Woodmere water tank re-painting – Following preparation of the agenda package, a letter was received from the low bidder, Metroplex Services, stating that their bid had omitted the pricing for the scaffolding and containment for the tank which resulted in a corrected price of $635,296, making their bid the highest.  They requested that the City not hold them to their submitted price.  A bid bond was received with the bid.  If the corrected price is accepted, the low bidder would be Utility Service Co. in the amount of $575,000.

 

A motion was made by Councilman Dean, seconded by Councilman Duer, that all bids on the Woodmere water tank re-painting be rejected and the project re-bid.  Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

 

ITEM #3 – MATTERS RELATIVE TO NEW LIBRARY BUILDING

 

            A resolution was presented on behalf of Mayor Graham formalizing the City’s commitment of $125,000 to the library project.

 

A motion was made by Councilman Dean, seconded by Councilman Kerley, that the resolution for the library project be approved.  Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

 

ITEM #4 – MATTERS RELATIVE TO HOLIDAY LAKE PROJECT

 

Following a review of the planned construction and expansion of the spillway, the City and its engineers have determined that acquisition around the lake will not be necessary in order to keep the lake at the levels traditionally experienced, Councilman Wyatt moved that City staff be authorized to proceed with the bidding of the project and cease with the acquisition of flowage easements.  The motion was duly seconded by Councilman Dean.  Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

 

 

 

 

 

ITEM #5 – REQUEST BY DR. MARK FOX ON FIRST RESPONDER PROGRAM

 

Dr. Mark Fox reported that by state law and regulations, the EMS Director is the legal coordinator of the program.  After 5 years, the program is going very well and has saved many lives.  The program was stopped in February due to a routine audit finding that there was not a current agreement being in place.  He reported that Victor Randolph, EMS Director, has publicly voiced his support for continuing the program.  Dr. Fox asked if the Council supports the efforts of the program, recognizes the medical director as the medical policy director for the program, and asked about any concerns the Council had about the program.  The Council responded in support of the First Responder Program.  MTAS has prepared a new agreement that addresses the concerns and structure that need to be addressed to govern the program.  (A copy of the agreement is attached and made a part of these minutes.)

           

A motion was made by Councilman Duer, seconded by Councilman Dean, that the agreement between the Cumberland County EMS Service and the Crossville Fire Department on the Emergency Medical First Responder Program be approved.  Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

 

ITEM #6 – MATTERS RELATIVE TO LIEN ON BERTHA WILSON PROPERTY

 

Randy York and Ralph Reagan, on behalf of the Bread of Life, a nonprofit organization that helps house and feed the homeless, made a request to dissolve the property lien issue.  After the City tore down the Bertha and Bessie Wilson house on Webb Avenue and cleared the property, a lien was placed against it to cover the costs.  Following the death of Ms. Bertha Wilson, the property was left to First Christian Church.  A number of legal issues were outlined in the letter that have led to a request by the Church for the City to either substantially reduce or waive the lien so that they can the lot can be sold with the proceeds going to the Bread of Life.  City Attorney Chadwell reported that the City could foreclose on the lien and sell the property to re-coup the lien or consider the request of First Christian Church and Bread of Life.  Mr. York stated that they would use the proceeds to pay the property taxes for both City and County.  They only requested that the lien be waived.  All costs will be donated so that 100% of the proceeds can go toward the building project.

 

A motion was made by Councilman Dean, seconded by Councilman Duer, that the liens be waived on the Bertha Wilson property.  Roll call votes:  Ayes-(4)Dean, Duer, Kerley Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

 

ITEM #7 – CITY ATTORNEY’S REPORT

 

City Attorney Chadwell reported that no new lawsuits have been filed since the last meeting.

 

MPact Construction – Contact has once again be made with the performance bonding company and they have indicated their willingness to send the money.  Mr. Chadwell reported to them the action of the Council to proceed with a lawsuit to obtain the bond money.  The bonding company attorney has promised to send the proposal to resolve the claim by March 20.

 

 

ITEM #8 – CITY MANAGER’S REPORT

 

            Dr. Miller presented the monthly revenue charts for local option sales tax and wholesale beer tax.  Both revenue sources were up slightly from the previous year, with the sales tax at the highest level ever.

 

A budget amendment in the amount of $34,339 to cover engineering costs for utility relocations on Hwy. 127S and the Miller Ave./Livingston Road intersection was presented for consideration.  All costs are expected to be reimbursed by TDOT.

 

A motion was made by Councilman Dean, seconded by Councilman Duer, that the FY06-07 budget amendment in the amount of $34,339 be passed on first reading.  Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

 

ITEM #9 – MATTERS RELATIVE TO SOCCER COMPLEX

 

            Jim Gilliam, reported that they had looked at sites on Genesis Road, Meadow Park Lake, and behind Crossville Ceramics off Hwy. 127N.  The newest site behind Crossville Ceramics and their design/build proposal has been reviewed.  The engineer’s opinion of probable construction cost indicates that their work would be valued at $1,635,000 showing the land value and site work proposal of $1,527,260 was an excellent value.  Jim Mitchell was present and stated that their price for the site work would stand with no change orders.  (A copy of the offer, scope of work, and proposed work schedule is attached and made a part of these minutes.)

 

City Clerk Oglesby reported that she had spoken to the auditor on this project and that with the review of the cost by the engineering firm to determine the reasonableness, she would be satisfied with the design/build contract. 

 

A motion was made by Councilman Duer, seconded by Councilman Dean, that:

(1) the offer from J. Hicks Excavating in the amount of $1,527,260 be accepted; (2) Hart Freeland Roberts be hired as the design engineering firm for the project; (3) the City Manager be instructed to work out financing arrangements; and

(4) Mayor Graham be authorized to sign all necessary documents.

Roll call votes:  Ayes(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

 

ITEM #10 – MATTERS RELATIVE TO CITY DEPARTMENTS

 

a)      Departmental presentation – Shelia Knight, Director of Engineering, provided an overview of her department.  The new website was unveiled as part of the presentation.

b)      Departmental tours – Mayor Graham proposed that on-site tours of the City’s facilities be included during the budget process.

 

 

ITEM #11 – RESOLUTIONS REGARDING CABLE TELEVISION FRANCHISE LEGISLATION

 

            On behalf of Mayor Graham two resolutions, prepared by the Tennessee Municipal League regarding legislation in the General Assembly which would eliminate local franchise agreements with cable television companies, were reviewed and presented for adoption. 

 

A motion was made by Councilman Duer, seconded by Councilman Dean, that the two resolutions regarding the cable television franchise legislation be approved.  Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

 

ITEM #12 – MATTERS RELATIVE TO COMPREHENSIVE PLAN OF FINANCE REVIEW

 

            The Annexation Agreement approved for the merger with Catoosa Utility District contained a covenant by the City to review the merits of the Comprehensive Plan of Finance prior to March 31, 2007 and to consider its implementation in order to effect a principal amortization structure that provides for level annual debt service requirements.  Dr. Miller addressed this review.

 

 

A motion was made by Mayor Pro-Tem Wyatt, seconded by Councilman Kerley, that the report be accepted as meeting the requirements for the annexation agreement.  Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

 

ITEM #13 – MATTERS RELATIVE TO 2007 GOALS AND OBJECTIVES

 

            The City Manager will meet with individual Councilmembers to review the document.

 

 

ITEM #14 – MATTERS RELATIVE TO STAFFING OF PALACE THEATRE

 

The City Manager requested that the item be withdrawn from consideration.

 

 

ITEM #15 – MATTERS RELATIVE TO SEWER LINE RELOCATION ON PEAVINE ROAD

 

            The Engineering Department requested approval of a proposal from Robert G. Campbell & Associates for engineering design services.  The sewer relocation is a result of a TDOT project to improve the on-ramps, off-ramps, and bridge at the intersection of I-40 and Peavine Road.  The engineering firm recommended is working on the project for TDOT.

 

A motion was made by Councilman Dean, seconded by Councilman Kerley, that a contract with Robert G. Campbell and Associates for engineering design services at I-40 and Peavine Road in the amount of $12,397.73 be approved.  Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(0); Absent-(1)Graham.  Motion carried.

 

            With no further business, the meeting was adjourned at 7:37 p.m.