The City
Council for the City of
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. Others present were City Manager Ted Meadows, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Troy Shaver, Jim Young, Scott Christian, Darrell Sherrill, Thomas Wolf, H. Withers, A. Withers, Mary Ann Brown, Bill Brown, Andy Vaughn, James Perry, Clark Annis, S. Roger York, Susan K. Bilbrey York, Tim Begley, Don Haberman, Billy Martin, Charles Loveday, Valerie Hale, Jim Hilborn, Jamie Gillespie, Clark West, Chris South, Mike Turner, Jeff Kerley, Mark Fox, Sam Harrison, Joe Griffey, Jerry Garrison, Rodgers Spencer, Bruce Walker, Jerry Kerley, Lee Lawson, Kim Chamberlin, Christy Lewis, Donnie Owens, Pat Owens, Ricky Burse, Dorothy Meharg, Art Meharg, Brian Templeton, Steve Hill, Fred Houston, Billy Loggins, Silus Headrick, Margie Buxbaum, Marlene Potter, Vernon Potter, Emory M. Johnson, Aaron R. Snodderly, and Chuck Lawrence.
Mayor J. H.
Graham, III was present and presiding.
He called the meeting to order at
ITEM #1 – PRESENTATIONS/APPOINTMENTS
a) Student of the Month – Mayor Graham presented the January “Student of the Month” award to Jade Smith for the character trait “honesty”.
b) 35 Year Service Award – City Manager Ted Meadows presented Donnie Owens with his award.
c)
A
motion was made by Councilman Dean, seconded by Councilman Wyatt, that Joe
Reynolds be appointed to the
ITEM #2 – CONSENT AGENDA
A motion was made by Councilman Kerley, seconded by Councilman Dean, that all items on the consent agenda be approved as follows:
a) Approval of minutes (12/8, 12/21, 12/28)
b) 3rd Reading of Ordinance amending the FY09-10 budget in the amount of $140,000 for fire hall #3
c) 1st Reading of Ordinance amending the FY09-10 budget in the amount of $48,000 for bio-diesel equipment
d) Approval of Initial Resolution authorizing the issuance of a $1,284,000 Water and Sewer Revenue and Tax Bond, Series 2010 for the Cumberland Cove water line project
e) Approval of Resolution authorizing the issuance of $1,284,000 Water and Sewer Revenue and Tax Bond, Series 2010 for the Cumberland Cove waterline project
f) Approval for repairs on Fire Engine 18 to KME Fire Apparatus in the amount of $5,090.47
g)
Approval of contract with PBS&J in an amount
not to exceed $45,800 for engineering services for the pavement rehabilitation
at
h)
1st
Reading of Ordinance amending the FY09-10 budget in the amount of $1,835,900
for the pavement rehabilitation at
i) Approval of additional mileage charges for the Hwy. 127S utility relocation project totaling $253
j) Approval of temporary street closures for cruise-ins and Paw & Order events sponsored by DCI in 2010
k) Approval of residential relocation payments to Camron Meads and Angilana Stevens ($5,250 for replacement housing and $1500 for moving payments) for the Northwest Connector project acquisition
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.
ITEM #3 – APPROVAL OF BIDS
(Bid tabulations are attached and made a part of these minutes.)
a)
Surveillance
System – The total low bid for all 7 locations was $84,650 from ICU
Security. A budget amendment moving
funds from other line items to cover all the costs was presented. The City Manager recommended acceptance of
the low bid. Mayor Graham suggested
offering a reward for the arrest and conviction of the perpetrators of the
crimes at the park. The City Manager
reported that he discussed that matter with the Police Department and they
recommended the reward, as well as installing the surveillance system.
The City Manager will authorize a $2,000
reward to be offered for information leading to the arrest and the conviction
for the damages at
A motion was made by Councilman
Wyatt, seconded by Councilman Kerley, that the low bid of ICU Security on a
surveillance system be accepted and a budget amendment passed on first
reading. 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.
b)
Cleaning
services – It was recommended that the low bid of EnviroStat be accepted, on a
contract expiring
A motion was made by Councilman
Dean, seconded by Councilman Kerley, that the low bid of EnviroStat for
cleaning services be accepted. 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.
c)
Water
Harvesting Project – Bids were accepted on January 7. Upon review of the bids, consulting engineer
Scott Christian recommended an award to the low bid of W. L. Hailey.
A motion was made by Councilman
Wyatt, seconded by Mayor Graham, that the resolution awarding the project to
the low bid of W. L. Hailey in the base amount of $5,118,000 be adopted. 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.
d)
Wastewater
Treatment Plant upgrade, Phase II – Bids were accepted earlier in the day. The low bid of Southern Constructors, Inc. in
the base amount of $4,074,000 with deductions #1 and #2 totaling $452,000 was
recommended by the consulting engineers and the City Manager. If money becomes available, a change order
will be requested to add the two deductions back into the project.
A motion was made by Councilman
Wyatt, seconded by Mayor Graham, that the resolution awarding the project to
the low bid of Southern Constructors, including deduct alternates #1 and #2, in
the amount of $3,622,000 be adopted. 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.
e)
Submersible
pump – Wastewater Treatment Plant – Veolia recommended that a 16 year old pump
be replaced with a new pump which matches the controls and rail. The pump has been rebuilt and the motor
rewound 4 times. The last time, the pump
lasted less than 30 days. Quotes were
obtained as follows:
Wascon Sales
& Service $16,976
Principle
Environmental $17,719
It was recommended that the
pump be purchased immediately from Wascon and was approved verbally by members
of Council on December 10.
A motion was made by Mayor Graham, seconded by Councilman Dean, that post facto approval be given for the purchase of the submersible pump from Wascon for $16,976. 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.
ITEM #4 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS
Billy Loggins updated the Council on
the following marketing projects, on-going and recaps:
§
Christmas
Parade – Mr. Loggins publicly thanked First National Bank of
A motion was made by Mayor Graham, seconded
by Councilman Kerley, that the $15 entry fees for the 2010 Christmas parade be
eliminated and that a donation in a like amount be made directly to the Rescue
Squad. 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.
§ Airport Projects – Councilman Wyatt commented that there are a lot of projects getting ready to be started such as the t-hangars, fuel farm relocation, layout plan update, and moving of the ASOS. These projects are estimated to cost $1,300,000, but the City’s cost will be $135,000. The runway rehabilitation project is estimated to cost $1,800,000 with the City’s cost of $183,000. Mayor Graham pointed out that t-hangars are not rent-free and their cost will be amortized in 8 years.
§
§
TN Senior Chess Tournament at
§ Don Helms Memorial is planned for May 27
§ TSSAA golf tournament locations will be selected January 13
§ Census – Advertising is underway to encourage the public to participate in the census.
§ Hall of Trees recap – The entire event raised $45,000. The money from the City’s tree went to the Fallen Firefighters’ Memorial
§ Tennessee Senior Men’s Open dates – May 24-26
§ Tennessee State Team championship honoring Bobby Nichols – July 26-27
§
Tennessee
Women’s Open dates for 2010 – WCTE in
§
Sustainability
Fair 2010 – WCTE in
§ Carl T. Duer Soccer Complex grand opening being finalized with the Lady Vols soccer team.
§
Purina
National Dog Challenge – Attempts are being made to get an event to be held at
§ National Barbeque Association – Contacts have been made to get a sanctioned event tied in with one of the cruise-ins.
Mr. Loggins also stated that he has been working on obtaining new sponsors for some of the many programs.
(At
SOLICITATION BOARD
An application was submitted by the
Cumberland Shrine Club for their candy sales to support the Shrine hospital
van, which transports children to the Shriners Hospitals in
A motion was made by Councilman Dean, seconded by Councilman Kerley, that a Solicitation Permit be issued to the Cumberland Shrine Club. 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.
An application has been submitted by
the Cumberland County Habitat for Humanity for a variety of fundraisers to
provide funds for the construction of homes for people in need.
A motion was made by Councilman Dean, seconded by Councilman Kerley, that a Solicitation Permit be issued to Cumberland County Habitat for Humanity. 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.
(At
BEER BOARD
Mike’s Good Time’s Lounge
An application was
presented for Emory Michael Johnson and Debbie Ann Green dba Mike’s Good Time’s
Lounge located at 1230 West Ave., Suite 106, 107, and 108 for an on-premises
beer permit. Assistant Chief Darrell
Sherrill recommended approval.
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that an on-premises Beer Permit be issued to Emory Michael Johnson and Debbie Ann Green dba Mike’s Good Time’s Lounge. 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.
Friendly Market
An application was
presented for Ramesh M. Patel dba Friendly Market for an off-premises beer
permit located at
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that an off-premises Beer Permit be issued to Ramesh M. Patel dba Friendly Market. 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.
(At
ITEM #5 – MATTERS RELATIVE TO WHOLESALE LIQUOR INSPECTION FEES
Don Haberman of D & D Liquors,
representing the retail liquor stores, was present to discuss lowering the
wholesale liquor inspection fee from 8% to 5%.
They indicated that they are unable to compete with the new stores in
Baxter and Harriman, whose fees are 5%.
Susan Bilbrey of Peavine Wine & Spirits reported that she feels like
a mixed message is sent with the “Shop Crossville” first, but having a higher
inspection fee than surrounding counties.
Mayor Graham reported that the inspection fees are averaging $27,000 per month at the 8% level. For the year, the wholesale sales would be a little over $4,000,000. To decrease from 8% to 5%, their wholesale sales would have to increase by 60% to $6,600,000 to generate that same level of revenues. He also reminded Council that funds are already obligated for funding of the school resource officers and also being used for other projects. With sales tax being down, with the exception of November, he would be concerned about reducing that revenue source at this time.
Councilman Dean suggested having a trial period at the lower level. Mrs. York stated that the 8% is charged when she purchases it from the wholesalers, not when she sells it, so it would take about 6 months before she would be able to see any results. Councilman Wyatt stated that in a review of all the projects underway or planned in the City, the need for additional revenue by the City is significant.
Councilman Kerley stated his agreement with reducing it to 5% and that if the business picks up, it might create more jobs. Mrs. York indicated that a distributor estimated that our market would probably be about $6,500,000.
A motion was made by Councilman Kerley, that that the inspection fees be reduced from 8% to 5% immediately. The motion died for lack of a second.
ITEM #6 – MATTERS RELATIVE TO WATER MODELING PROJECT
The City of
ITEM #7 – MATTERS RELATIVE TO FIRE HALL #3
Mayor Graham discussed
the status of the proposed Fire Hall #3.
Fire Chief Mike Turner and Assistant Fire Chief Chris South stated that
they must build an additional fire station to meet requirements for providing fire
protection for the citizens. OSHA 1910
requires enough personnel on the scene to operate in a safe manner, which
includes having an equal number of personnel outside as they have inside a
structure. The requirement includes an
initial response of 4 firefighters in 4 minutes and 15 in 8 minutes, which we
cannot currently meet. ISO recommends a
station within a 1.5 mile radius or 3 road miles for a 4 minute response. This standard is based on studies of fires,
how fast they grow, and the response required to keep people safe and effect a
change in the fire. Their research has
indicated that the station should be in the Holiday Drive area and no further
west than
City Manager Meadows
reported that the corner of Holiday Drive and
ITEM #8 – MATTERS
RELATIVE TO THE CROSSVILLE FORCE MAIN SEWER LINE EXTENSION AND PUMP STATION,
Jamie Gillespie of
James + Associates brought the Council up to date on the project. Approval of Change Order No. 6 for the
Crossville Force Main Sewer Line Extension and Pump Station, State Route 28 (US
127) project was requested, which adds the cost for providing and installing
one (1) magnetic flow meter and all associated bypass piping, valves and
appurtenances in the 4-inch diameter force main at the westerly terminus of
said force main sewer line extension at Cumberland Mountain State Park. The costs incurred as a result of this change
order will be covered by funds from the Grant Contract. No matching funds are required from the City;
however, the meter will be the property of the City.
Mayor Graham stated that he wanted to insure that we would continue to bill based on water use not based on this flow meter. It was explained that since some of the park will remain on septic systems, it will be necessary to bill the sewer based on the flow meter for actual use instead of the current water meters.
A
motion was made by Councilman Wyatt, seconded by Mayor Graham, that Change
Order No. 6 for the
ITEM #9 – MATTERS
RELATIVE TO
James Plus Associates, Inc. (JPA) submitted a request for realignment of the budgeted amounts in the approved engineering agreement and consideration for compensation for additional services associated with the design requirements and construction administration for the Crossville Force Main Sewer Line Extension and Pump Station, State Route 28 (US127) project. JPA requested an increase in the budget for Construction Administration services of $50,704.48 to $65,321.20 and a decrease in the budget for Resident Observation services of $9,050 to $53,350.00. The adjusted total engineering agreement budget would be $118,671.20 or an increase of $41,654.48 over the approved agreement.
This request was due to: 1) 32 additional contract days required for the design and installation of the magnetic flow meter; 2) 4 additional construction related meetings on site; 3) additional time required for shop drawing review and approval, assisting Contractor with erosion and sedimentation control matters, general construction administration, researching and responding to questions raised by the Contractor and City and Contractor payment requests; 4) evaluation and preparation of Contractor requests for proposal and 6 change orders; 5) the design, coordination and installation of 2 new grinder pumps and associated piping and appurtenances and the design, coordination and installation of associated piping and appurtenances for an existing grinder pump at the Homestead Elementary School site; 6) coordinating the directional bore of 2 creek crossings with the United States Army Corps of Engineers in lieu of open cutting the crossings; 7) technical evaluation and coordination of relocating the pump station to an alternate location; 8) assisting the City with the preparation of requests for reimbursement from the State; and 9) the design, coordination and installation of the magnetic flow meter at Cumberland Mountain State Park.
The increase resulting from JPA’s request will be covered by funds from the Grant Contract. No matching funds are required from the City. Jamie Gillespie was present to answer questions relative to this request. Councilman Wyatt’s commented that there were a number of items included in the request that should have been included in the original contract. Mr. Gillespie thanked the City for the opportunity to work with the City on this project and stated they are looking forward to its completion.
A motion was made by Mayor Graham, seconded by Councilman Dean, that the contract with James + Associates for engineering services for the Cumberland Mountain State Park sewer project be increased $41,654.48 and a budget amendment be passed on first reading. 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.
ITEM #10 – CITY ATTORNEY’S REPORT
City Attorney Kenneth Chadwell reported that there was an additional lawsuit filed by Charter Communications, which is the same as they had filed earlier and relates to business taxes. The lawsuit is against all cities in the state with Charter franchises. A new lawsuit has been filed against one of the SRO officers during the past month and is being monitored by the City’s insurance carrier.
§
Jet
Motel abatement costs – The costs for demolition of the former Jet Motel came
to $22,129.88. Approval was requested
for the filing of a lien against the property to be paid at the sale of the
property. An agreement was signed by the
owner, John Webb, granting permission.
§
Blue house
adjacent to the Jet Motel abatement costs – The costs for demolition of the
blue house came to $7,281.12. Approval
was requested for the filing of a lien against the property to be paid at the
sale of the property. An agreement was
signed by the owner, Jacob Webb, granting permission.
A motion was made by Councilman Wyatt, seconded by Mayor Graham, that a lien be filed against the properties in favor of the City to cover the abatement costs. 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.
ITEM #11 – CITY MANAGER’S REPORT
City
Manager Ted Meadows presented the monthly revenue reports for local option sales tax and wholesale beer
tax revenues and reports on building permits, grants/projects, and the special
projects report. We are within 1% of our
budget, with the receipt of the latest sales tax figures, reflecting November
sales. Residential building permits are
at the lowest point since 2002.
ü
Livingston/Miller
traffic signal – Mr. Wolf reported that the City is expecting reimbursement of
$38,500 from TDOT. We are trying to
getting assistance from the utilities division in
ü
GranitiFiandre
industrial road – The cost is approximately $4,000 on the relocation of the
water main and water main damages of approximately $11,000. Mr. Wolf will continue to try to re-coup the
costs.
ü
Water
Harvesting – A conference call is scheduled for tomorrow with TVA on the
inter-basin transfer agreement.
ü
Transportation
funds – Mayor Graham reported that money may be rescinded by the State due to a
decrease in federal funding, but funds for the Northwest Connector and Hwy.
127S projects have been requested to continue.
ü
Personnel
matters – The Police Chief recommended the approval of pay adjustments of the
following employees due to the changes in the starting salary for entry level
police officers. The employees are
Elizabeth Diaz Henshaw, Donald Hammons, Joshua McCollum, Justin Thurman, J.F.
White, and Jason Wilson. These employees
need to be adjusted to the current certified level of $26,737. The only exception to this is Justin Thurman
who will remain at 2.5% lower than the rest of the employees due to his
probationary period not being completed as he is currently serving in the
military.
A motion was made by
Councilman Wyatt, seconded by Mayor Graham, that the personnel pay adjustments
be approved as recommended. 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.
ü
Annual
report – The draft copy was proofed today and is expected to go to press this
week. Councilman Kerley requested that
the report be put on the website. All
were in agreement.
With
no further business, the meeting was adjourned at