The City Council for the City of Crossville met in regular session on Tuesday, April 10, 2007 at Crossville City Hall.

Mayor J. H. Graham, III was present and presiding. Councilmen present were Earl Dean, Dr. Carl Duer, Jesse Kerley, and Boyd Wyatt, Sr. Others present were City Manager Dr. Jack Miller, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Finance Director Fred Houston, Terry White, Willard Dale, Chad Withrow, Chad Withrow, Jr., Rachel Withrow, Timothy Withrow, Connor Crockett, Sharon Crockett, Davina Latham, Drawon Carter, Christian Staton, Joseph Staton, Solomon Daniels, Wilma Daniels, Mark Daniels, Tyler Brown, Jackie Brown, Karl Kilmer, Jeanne Kilmer, Christian Kilmer, Ben Tollett, Clarence Holloway, Margarette Haney, Josh Spencer, Jeanie Whittenburg, Landon Hancock, Mike Turner, Lisa McWilliams, Ed Morrow, Frank Drabek, Robert Gannon, Geraldine Gannon, Mary Vandever, Wanda Carter, Norma J. Turner, Roy W. Turner, Frances Carson, John Dawkins, Mark A. Fox, Ken Waggoner, Jewell McWilliams, Meghan Vanderford, Lisa McWilliams, Gary Ware, Barbara Ware, Jim Young, Christy Lewis, Jack Chadwell, Joe Miller, Clark Annis, Jim Gilliam, Kyle Dunn, Rocco Toscano, James Vincent, James Tague, Steve Hill, Lisa Crowder, Ken Hallows, and Bill Oglesby.

Mayor Graham called the meeting to order at 6:00 p.m. The invocation was given by Willard Dale of the Cumberland View Baptist Church. Mayor Graham led the Pledge of Allegiance.

ITEM #1 – PRESENTATIONS

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

a) April Student of the Month – Mia Mijatovic was presented the award by Mayor Graham for portraying the character trait “Citizenship”.

b) Tree Board Beautification Awards – The Tree Board presented Highland Federal with the award for outstanding use of trees in a landscape and the Dollar General Market for outstanding use of trees in a landscape. Mr. Jack Chadwick accepted the award on behalf of Highland Federal and Mr. Ken Hallows accepted the award on behalf of Dollar General Market.

c) VFW Buddy Poppy Sales will be held in May.

d) Mayor Graham proclaimed May 6-12 as Building Safety Week. John Dawkins was congratulated for being named “Codes Enforcement Officer of the Year” for Tennessee.

e) Clark Annis, representing Veolia, presented to the City Council their “Perfect Record” award from the National Safety Council for 232,100 employee hours without occupational injury or illness involving days away from work November 1995 to November 2006.

ITEM #2 – CONSENT AGENDA

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

a) Approval of minutes (3/13)

b) 2^nd Reading of ordinance annexing 0.65 acres (423 Spruce Loop and a portion of Spruce Loop)

c) 1^st Reading of ordinance annexing 18 acres on Cook Road

d) 1^st Reading of ordinance annexing 7.6 acres in Deer Creek

e) 2^nd Reading of FY2006-07 Budget Amendment in the amount of $14,990 for SMHS flashing signals

f) 2^nd Reading of FY2006-07 Budget Amendment in the amount of $12,397.73 for engineering services for a sewer line relocation on Peavine Road

g) 2^nd Reading of FY2006-07 Budget Amendment in the amount of $34,339 for engineering services for utility relocations on Hwy. 127S and the intersection of Miller/Livingston

h) 2^nd Reading of FY2006-07 Budget Amendment in the amount of $15,711 for City Manager vehicle

i) 1^st Reading of Ordinance authorizing payments beyond the current budget year as contained in the purchase and sales contract with J. Hicks Excavating for the purchase of 40.41 acres

j) 1^st Reading of Ordinance authorizing payments for contracts with GRW Engineers for engineering and design services beyond the current budget year

k) 1^st Reading of Ordinance authorizing payments for contracts with Robert G. Campbell and Associates for engineering and design services beyond the current budget year

l) 1^st Reading of Ordinance re-naming Laurel Street to Walker Street

m) Approval of Limited Fixed Base Operator Agreement with Harold Graham dba Cumberland Air Charter to provide air charter service (FAR Part 135) DEFERRED

n) Approval of temporary closing of Main Street from 5^th Street to 2^nd Street for Memorial Day services on May 28 from 10:30 a.m. – 12:30 p.m.

o) Approval of temporary closing of Main Street from the Depot to Stanley Street and side streets around the courthouse for Depot Days to be held June 15-16, 2007

p) Approve replacement of CCHS banners on Miller Ave. and Stanley Street by Street Department

q) Approval of grant application to Tennessee Department of Transportation for 90% funding to construct t-hangars at Crossville Memorial Airport with the local share being $66,668.

r) Acceptance of the following streets:

i) Riverview Drive

ii) North Riverview Lane

iii) Northside Drive extension to the entrance to Riverview Estates, Inc.

Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

It was confirmed that the Street Department recommended the acceptance of the streets listed in “r”.

ITEM #3 – MATTERS RELATIVE TO CODE OF ETHICS

A Code of Ethics is required to be adopted by ordinance must by July 1. The attached ordinance is the model ordinance prepared by MTAS and in compliance with the requirements set by the General Assembly. The City Attorney commented that he felt he would have concerns about having a conflict of interest in many complaints. Section 1-705 would eliminate any dinners or lunches and he recommended a monetary limit to avoid those circumstances. Concerns were also expressed about only requiring a disclosure of conflicts rather than recusal from voting. It was pointed out that the custom for City Council has been to abstain from voting on matters relating to conflicts. It was suggested that this change be included in the policy.

A motion was made by Councilman Duer, seconded by Councilman Kerley, that the ordinance adopting a Code of Ethics be passed on first reading. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

(At 6:30 p.m. the regular meeting was recessed and the Solicitation Board convened.)

SOLICITATION BOARD

VFW Post 5025

VFW Post 5025 submitted an application for their Buddy Poppy campaign to be conducted May 4-6, 2007.

A motion was made by Councilman Dean, seconded by Councilman Duer, that a Solicitation Permit be issued to VFW Post 5025. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

Crossville and Fairfield Glade Lions’ Clubs

An application was submitted by the Crossville and Fairfield Glade Lions’ Clubs for their Lions White Cane Day campaign to be conducted May 9-12, 2007.

A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that a Solicitation Permit be issued to the Crossville and Fairfield Glade Lions’ Clubs. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

VFW Post 9686

An application was submitted by VFW Post 9686 for the Buddy Poppy campaign to be conducted May 25-28, 2007.

A motion was made by Councilman Dean, seconded by Councilman Duer, that a Solicitation Permit be issued to VFW Post 9686. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

(At 6:33 p.m., the Solicitation Board was adjourned and the regular meeting was re-convened.)

ITEM #4 – MATTERS RELATIVE TO SOCCER COMPLEX

a) Bond financing resolutions – Two resolutions were presented that allow for up to $4,500,000 in bond funds for the new soccer complex and skate park. The city will pay interest as the funds are drawn down with the final loan amount being determined when the project is complete. The loan is projected for a 15 year term; however, it can be pre-paid at no penalty.

b) Contract with Hart Freeland Roberts for engineering and design services – The cost for engineering services is proposed for 7.75% of actual construction costs, excluding the cost of the site development work being performed by J. Hicks Excavating. This cost is estimated at $192,000. The scope of work includes coordination with J. Hicks Excavating, color rendering of project, construction documents, bidding, and construction administration. It was clearly stated that they would also oversee the work of J. Hicks Excavating and approve the payment schedule.

c) 1^st Reading of Ordinance authorizing payments for contracts with Hart Freeland Roberts for engineering and design services beyond the current budget year. Crossville City Charter requires the passage of an ordinance to allow payments extending beyond the current budget year.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the Initial Resolution authorizing the incurrence of indebtedness in an amount not to exceed $4,500,000 be adopted. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the Resolution approving the execution of a loan agreement be adopted. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

A motion was made by Councilman Duer, seconded by Councilman Wyatt, that the contract with Hart Freeland Roberts for engineering and design services be authorized. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the ordinance authorizing payments to Hart Freeland Roberts beyond the current budget year be passed on first reading. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

ITEM #5 – MATTERS RELATIVE TO CUMBERLAND COVE DEVELOPMENT

The following items relative to the Cumberland Cove development were deferred at the request of the City Manager:

a) The Bluffs at Cumberland Cove, LLC agreement – This agreement was prepared by City Attorney Kenneth Chadwell to formalize the arrangements discussed at a previous meeting.

b) 1^st Reading of Ordinance authorizing agreement with The Bluffs at Cumberland Cove, LLC with services and responsibilities extending beyond the current budget year. Crossville City Charter requires the passage of an ordinance to allow payments extending beyond the current budget year.

c) Stigall Engineering Associates contract – The proposed contract provides engineering services for the Cumberland Cove development project at a cost of $36,500.

d) 1^st Reading of Ordinance authorizing payments for contracts with Stigall Engineering Associates for engineering and design services beyond the current budget year. Crossville City Charter requires the passage of an ordinance to allow payments extending beyond the current budget year.

Dr. Miller introduced Rocco Toscano, President/Owner, and developers James Vincent and James Tague, with International Land Consultants, Inc. who are planning a 2,100 acre upscale residential development in Bledsoe County with approximately 875 lots. The development will primarily be retirement homes. Water service is an issue due to capacity issues of the water lines now serving the property by Fall Creek Falls Utility District. Through several discussions, it was determined that they could purchase the water through South Cumberland Utility Service (SCUD), who has agreed to the proposal. They would put in 1.3 miles of line to connect to SCUD. Fall Creek Falls Utility District does not have the capacity to serve the area and would agree to allow such an arrangement. A contract is being developed between the entities involved in the project, which will be brought back to City Council for approval. The developer will pay a transfer fee to SCUD, but will actually purchase the water through Fall Creek Falls UD. All their utility plans and permits have been approved by the State. The next State Planning Commission meeting is April 23 and they would hope to have the agreement finalized in time for that meeting.

ITEM #6 – MATTERS RELATIVE TO ENGINEERING SERVICES

a) James + Associates – Hwy. 127S utilities relocations

i) Contract for Hwy. 127S utility relocations construction documents –A proposal in the amount of $43,455.34 to provide utility relocation plans for utilities on Hwy. 127S, as required by TDOT was presented for approval.

ii) 1^st Reading of Ordinance authorizing payments for contracts with James + Associates for engineering and design services beyond the current budget year. Crossville City Charter requires the passage of an ordinance to allow payments extending beyond the current budget year.

iii) 1^st Reading of Ordinance amending the budget for FY06-07 in the amount of $43,455.34 for the Hwy. 127S utilities relocations

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the items be deferred for more information regarding the previous contract for these services with LD&A. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

b) ECE Services

i) Master Agreement – A master agreement with ECE Services to replace the current agreement, which will soon expire, was presented for approval.

ii) Holiday Dr. spillway/bridge project – This task order incorporates contracts previously issued on the project, but adds the tasks required for construction, inspection, testing and to incorporate the bridge portion. The total contract totals $327,823.44. It is expected that TDOT will cover at least $108,410.79 of the costs.

iii) 1^st Reading of Ordinance authorizing payments for contracts with ECE Services for engineering and design services beyond the current budget year. Crossville City Charter requires the passage of an ordinance to allow payments extending beyond the current budget year. The City Manager recommended approval.

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

1. the master agreement with ECE Services be approved;

2. the contract with ECE Services for the Holiday Drive spillway/bridge project be approved; and

3. the ordinance authorizing payments to ECE Services for engineering and design services beyond the current budget year be passed on first reading.

Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried. Motion carried.

ITEM #7 – GENESIS/COOK ROAD IMPROVEMENTS

a) Pilot Travel Centers Agreement – Formal approval of the Memorandum of Understanding (MOU) made with Pilot Travel Centers on the Genesis Road project must be finalized. The MOU has been agreed to by Pilot and work is proceeding on acquisition and design. The City Manager recommended approval.

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the non-binding letter of intent with Pilot Travel Centers on Genesis Road improvement project be approved until the final agreement is drawn up. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

b) Genesis/Cook Road acquisition – Acquisition is proceeding, but approval is needed to make formal offers to property owners based on the appraised amounts. Council approval is requested to negotiate reasonable settlements. If not reached, they will be brought back to Council for authorization to file in court. The City Manager recommended approval. Council requested that the City Manager keep the Council apprised as the negotiations proceed.

A motion was made by Councilman Duer, seconded by Councilman , Kerley, that approval be given to negotiate reasonable settlements for the acquisition of property necessary for the Genesis/Cook Road improvements. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

c) Gresham Smith and Partners

i) Contract Amendment – A request for additional fees of $46,000 to cover the costs of modifying the design into three separate projects was presented for approval.

ii) 1^st Reading of Ordinance authorizing payments for contracts with Gresham Smith and Partners for engineering and design services beyond the current budget year. Crossville City Charter requires the passage of an ordinance to allow payments extending beyond the current budget year.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that:

1. the contract amendment in the amount of $46,000 with Gresham Smith and Partners be approved; and

2. the ordinance authorizing payments to Gresham Smith and Partners beyond the current budget year be passed on first reading.

Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

ITEM #8 – CITY ATTORNEY’S REPORT

· MPact’s bond attorney has requested an update on the retainage information so it appears they are getting close to settling the matter. Mr. Chadwell recommended continuing to work with them.

· Pilot Travel Centers– Mr. Chadwell has been in contact with their counsel and will be drafting the agreement.

· First Responder Program – Mr. Chadwell reported that he considers the state agreement a good and acceptable agreement. He is working with County Attorney to satisfy his concerns and has agreed to some revisions. The matter is now in the County’s hands for approval. The current agreement had a 30 day extension and expires April 19. The County will meet on April 16.

ITEM #9 – CITY MANAGER’S REPORT

Dr. Miller presented the monthly revenue charts for local option sales tax and wholesale beer tax. The sales tax was up slightly from the previous year, but the wholesale beer tax was slightly down from the previous year. The proposed FY07-08 budget was presented to the Council. Mayor Graham asked that all members of the Council, individually, meet with the City Manager. A work session will be planned for mid-May.

• Water Services contract with Grandview – A 10 year agreement was presented and recommended for approval. It is identical to the current agreement with South Cumberland Utility District.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the ten year contract with Grandview Utility District be approved. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

• Paving priority – Dr. Miller recommended amending the FY06-07 street paving priorities by substituting Kings Row for Tennessee Ave. The causeway is now completed except for guardrails. The portion originally planned to be paved was across the Garrett Lane dam to Cedar Ridge Lane. The delay is due to the need of Kings Row and because of a five acre subdivision being planned that would include 10-11 lots in the Tennessee Avenue area. In addition, Ms. Wibel is also looking at developing more of her land.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the FY06-07 street paving priority list be amended by substituting King’s Row for Tennessee Avenue. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

• Tree Grant – The Tree Board has recommended that a grant application be submitted for $4,500 to continue the tree inventory and management plan. The local share would be $4,500. Funds have been placed in the upcoming budget.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that an application be approved for submittal for a tree grant. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

• New Finance Director Fred Houston was introduced and recognized.

ITEM #10 – MATTERS RELATIVE TO 2007 GOALS AND OBJECTIVES

The second amendment to the proposed 2007 Goals and Objects was presented by Dr. Miller for adoption. Mayor Graham recommended deleting “Acquire property for new library” under Leisure Cultural Resources since it was completed. Council concurred with this request. Councilman Wyatt recommended deleting “develop system for operation of sewer system with and without urban boundaries” under Utilities.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the 2007 Goals and Objectives be adopted, with the deletion of #14 under Utilities “develop system for operation of sewer system with and without urban boundaries”. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.

With no further business, the meeting was adjourned at 8:00 p.m.