The City
Council for the City of
Roll Call. Present: Councilman Boyd Wyatt, Sr., Councilman Danny R. Wyatt, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Others present were City Manager Curtis Adams, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, David Beaty, Margie Buxbaum, Tonya Hinch, Clark Annis, Chris Bennett, Dewey Peterson, Jerry Garrison, Marlene Potter, Tim Begley, Fred Houston, Heather Mullinix, Andy Vaughn, David Beaty, Mike Turner, Fred Sherrill, Darlene Barnwell, Steve Powell, Joe Miller, Ashley Kesterson, Frances Carson, Scott Christian, Billy Loggins, Steve Hill, Lee Lawson, Jerry Wood, and Sandy Gruber.
Mayor J. H.
Graham, III was present and presiding.
He called the meeting to order at
ITEM #1 – PRESENTATION/PROCLAMATIONS (Deferred to February meeting)
a) Student of the Month
b) Distinguished Service Award
c) Mayor’s Green Partner – Habitat for Humanity
ITEM #2 – CONSENT AGENDA
A motion was made by Councilman Earl Dean, seconded by Councilman Danny Wyatt, that all items on the consent agenda be approved as presented:
a) Approval of minutes (12/14)
b) Approval of revisions to the Financial Appropriations Policy
c) Resolution approving submittal of an application for CDBG funds for the sewer system improvement project in an amount not to exceed $500,000
d)
3rd Reading of Ordinance amending the
FY10-11 budget for
e)
3rd Reading of Ordinance amending the
FY10-11 budget for sewer taps for
f) 2nd Reading of Ordinance amending the FY10-11 budget for stormwater MS-4 grant in the amount of $40,000
g)
Acceptance of The Gardens Drive (extension) and
h) Approval to purchase two (2) Dell servers at a total cost of $7,950.53
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Danny R. Wyatt, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
ITEM #2 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS
Marketing Director Billy Loggins
presented the latest marketing and public relations projects.
ITEM #4 – MATTERS RELATIVE TO VISITOR’S CENTER
A letter was distributed from County
Mayor Carey regarding the
Councilman Boyd Wyatt reviewed the
newspaper article that indicated that the County had $200,000 in the
project. He pointed out that the
$200,000 is grant money and not actual cash.
He asked for more information on how much was paid for the property and
what was required by the grant on how long the Visitor’s Center would have to
remain in use and how much it had to be open and other requirements. Mayor Graham recommended that any agreement
with the County on the operation of the center be on a yearly basis. Councilman Dean gave his support of the
agreement, emphasizing the visibility of the location for attracting visitors
to the area. Councilman Danny Wyatt
requested more information on the terms of the lease. It was pointed out that the City has already
invested $30,000 in providing utilities on the property. Councilman Marlow stated he wouldn’t consider
it to be a partnership since the City would be putting all the money in
it. Mayor Graham stated that he doesn’t
agree with the location especially by calling it the Big South Fork Visitor’s
Center. He initially wanted to propose a
partnership with both entities having cash money in it and sharing in the
operating costs on a 50/50 basis, but he changed his mind and now believes that
the City has to be the leader and show cooperation. Councilman Marlow asked the City Manager to
find out if the costs for the parking lot and lights are included in the
turn-key center to be constructed by the County.
A motion was made by Mayor Graham, seconded by Councilman Earl Dean, that a budget amendment of $120,000 be passed on first reading; that a lease agreement be entered into with the County for $1/year; the City Attorney be authorized to prepare documents and gather all necessary information from the County about the grant contracts; and the status of the parking lot and lighting be clarified. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Councilman Danny R. Wyatt, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. No: Councilman Boyd Wyatt, Sr.
Councilman Boyd Wyatt commented with his vote that he doesn’t mind working with the county and that we should whenever possible. However, he stated that they don’t need to bring all their projects to the City to complete and that they need to step up to the plate occasionally and do something.
(At
SOLICITATION BOARD
An application was submitted by the
Cumberland Shrine Club for a Solicitation Permit to raise funds through candy
sales to support Shriners’ hospitals and International Health Care System.
A motion was made by Councilman Dean, seconded by Councilman Danny Wyatt, that a Solicitation Permit be issued to the Cumberland Shrine Club. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Danny R. Wyatt, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
(At
BEER BOARD
Arthur’s
An application for an on- and
off-premises Beer Permit was submitted by Arthur Bell dba Arthur’s located at
Day & Night
Market
An application for an off-premises
Beer Permit was submitted by Ramaben Dinubhai Patel dba Day & Night Market
located at
An application for an on-premises
Beer Permit was submitted by Xin Xing Chen dba Tokyo 1 Japanese Steakhouse Inc.
located at 1246
The Blind Zebra
Sports Bar & Grill
An application for an on-premises
Beer Permit was submitted by The Trading Post General Store, Inc. (Bruce
Cannon) dba The Blind Zebra Sports Bar & Grill located at 287 Hwy 70E.
Police
Chief recommended approval of all applications.
A motion was made by Councilman Boyd
Wyatt, seconded by Councilman Danny Wyatt, that
1.
An on-
and off-premises beer permit be issued to Arthur Bell dba Arthur’s;
2.
An
off-premises beer permit be issued to Ramaben Dinubhai Patel dba Day &
Night Market;
3.
An
on-premises beer permit be issued to Xin Xing Chen dba Tokyo 1 Japanese
Steakhouse Inc.; and
4.
An
on-premises beer permit be issued to The Trading Post General Store, Inc.
(Bruce Cannon) dba The Blind Zebra Sports Bar & Grill
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr.,
Councilman Danny R. Wyatt, Councilman George Marlow, Mayor J. H. Graham, III,
Mayor Pro-Tem Earl Dean.
(At
ITEM #5 – MATTERS
RELATIVE TO
As discussed at a work session, the
Cumberland Cove project will be completed significantly under the original
budget. The original budget estimate was
$5,300,000, but was revised to $4,395,450 after the construction bid was
received. The revised budget contained
$855,850 in contingency funds that are not expected to be needed and $30,000 in
interim financing costs that will be greatly reduced. The project is now approximately 90%
complete.
The Catoosa Utility Department and
its Advisory Board recommended that a change order be considered for additional
needs in the area:
The total budget for all these items
is estimated at $915,000. If funding of
the tank is removed, the total budget would be estimated at $450,000.
A motion was made by Mayor J. H. Graham, seconded by Councilman Earl Dean, that a change order be negotiated with W & O Construction to add:
§
§
Replacement
of Hwy. 127 discharge piping
§
Line
extensions on Pioneer, Buck, Long, Nichols, and Thompson roads
at an estimated cost not to exceed $450,000.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Danny R. Wyatt, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
ITEM #6 – MATTERS
RELATIVE TO MEADOW PARK
Mayor Graham and Scott Christian
reported that some financial and environmental concerns were raised during the
review by Rural Development. These have
been addressed by the City Clerk and Finance Director. Rural Development should either have the
left-hand letter or the emergency funds within about two weeks. In the meantime, interim financing will have
to be addressed. He asked for permission
to advertise for bids in two weeks and re-evaluate the position with Rural
Development before approval of the bids.
The estimated cost is $5,000,000 with a significant amount of the
estimated cost due to the liability of the project for a contractor. The loan package is expected to be submitted
within two weeks for final review. Rural
Development estimates the interest rates to be 3.25%-3.38% over 40 years.
A motion was made by Councilman Boyd
Wyatt, seconded by Mayor J. H. Graham, that approval be given to set a bid date
for the dam maintenance project and advertise for bids in two weeks. Vote:
Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr.,
Councilman Danny R. Wyatt, Councilman George Marlow, Mayor J. H. Graham, III,
Mayor Pro-Tem Earl Dean.
ITEM #7 – MATTERS
RELATIVE TO
In December 2009, Council annexed
one parcel on
The City Attorney and City Clerk
researched the law to determine the best method to rectify the situation since
Council’s policy is to provide road, water, and sewer lines in a “failed”
subdivision only through an abutment project.
They determined and recommended that Council annex all properties
abutting
Councilman Boyd Wyatt announced that he had a conflict of interest because his son owns three parcels and he would not be voting on the matter. He also stated that it should be made clear that this is a one-time forced annexation because of the special circumstances of the case.
A
motion was made by Councilman Danny Wyatt, seconded by Councilman Earl Dean,
that an
ordinance annexing properties adjacent to Satsuma Drive from Canary Dr. to
Camelia Drive be passed on first reading and that the City Clerk be authorized to
proceed with legal requirements for an abutment project for road improvements
to Satsuma Drive. Vote: Motion passed (summary:
Yes = 4, No = 0, Abstain = 1). Yes: Councilman Danny R. Wyatt,
Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Earl
Dean. Abstain: Councilman Boyd Wyatt, Sr.
ITEM #8 – MATTERS RELATIVE TO AIRPORT FUEL TANKS
During the sandblasting of the jet
fuel tank, a small leak occurred. Tim
Begley explained that the tank has a single wall without containment, installed
in 1990, and appears to have been a used tank at that time. It is unknown if it is grandfathered from
meeting current regulations. He provided
several options for repairing or replacing it with a double wall tank:
1.
Repair
existing jet fuel - $4,950 plus $17,000 for building the containment
2.
New jet
tank (reusing all hardware, foundation) at existing location w/existing fuel
cabinet - $60,000
3.
New jet
tank (new hardware at existing location w/existing fuel cabinet) - $79,000
4.
New jet
tank and pump on new foundation - $112,600
5.
New jet
tank purchased locally through DeLoy Brown ($39,775 without hardware or
fittings) with City crews building foundation - $43,000
It was reported
that no matching funds are expected to be available from the State.
Councilman Boyd Wyatt pointed out
that a lot of work is being done to upgrade the airport and the current tank is
out of compliance. He recommended that
the tank be replaced. Mastercorp has
just purchased an $11 million jet that will be based here and the purchase of
another one is under discussion. He
expressed concern about the airport being without jet fuel for a long period.
City Attorney Chadwell stated that
he could consider option #5 as an emergency purchase and the requirements under
normal bidding procedures not be followed.
A motion was made by Councilman Boyd
Wyatt, seconded by Councilman Danny Wyatt, that the purchase of a new jet fuel
tank from DeLoy Brown Petroleum be approved under emergency procedures and a
budget amendment be passed on first reading.
Vote: Motion carried by
unanimous roll call vote (summary:
Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Danny R. Wyatt,
Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
ITEM #9 – CITY ATTORNEY’S REPORT
City Attorney Kenneth Chadwell
reported that no new lawsuits had been filed in the past month. He will prepare an agreement with
Council requested a work session
with the attorneys on the Tansi lawsuit.
Currently, a motion is being filed by the plaintiffs to have an
extension and a reduction in the amount of information being required by the
City. He further reported that many
property owners have now dropped out of the lawsuit.
ITEM #10 – CITY MANAGER’S REPORT
City Manager Curtis Adams presented the monthly revenue reports for sales tax, wholesale beer, and retail liquor. He also presented reports on building permits and updates on special projects. He provided an update on the review of ticket fine collections. The City Court Clerk, Wendy Davis, will be requested to come to the February meeting to explain the process and the status. Councilman Marlow suggested consideration of putting names of those not paying fines in the newspaper.
Charleston Plantation expansion – The developers paid for all the median changes being done on Hwy. 127.
Mr. Adams reported that he will be meeting with Chamber Executive Beth Alexander on the 2nd and 4th Monday of each month to discuss economic development. They have already met one time.
With no
further business, the meeting was adjourned at