The City
Council for the City of
Roll Call.
Present: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, 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, Horace Wyatt, Tonya Hinch, Julia Dean, Tim Begley, Doug Brady, Brian Spieles, Tony Perry, Ray Dillon, Floyd Stone, Brenda Stone, Fred Sherrill, Ron Bodary, Kyle Eldridge, Jim Young, Mark Rosser, Andy Vaughn, Fred Houston, Peter Flick, Kenneth Carey, Jr., Donna McDermott, Darrell Sherrill, Billy Martin, Ernest Calahan, Lewis Stover, Judy Stover, George Marlow, Jim Hilborn, Clark Annis, Ryan Flynn, Wendell Kerley, Jerry Kerley, James Perry, Paul Forsythe, Troy Shaver, Khrista Wyatt, Danny R. Wyatt, Joe Miller, Tim Chesson, John Withers, Alexis Withers, Hunter Withers, Louise Gorenflo, Randy Pugh, Chad Pugh, Steve Powell, Wiley Potter, Landria Tollett, Kyle Tollett, Kobe Tollett, John Grece, Diane Grece, Beth Alexander, Ashley Kesterson, Teresa Boston, Randal R. Boston, Kevin D. Poore, Karli Threet, Chris South, Jaide Janow, Christina Janow, Logan Janow, Travis Janow, Brian Houston, Joe Kerley, Brian Lowe, Tammy Furrer, Michelle Furrer, Jason Furrer, Mark Fox, Billy Loggins, Steve Hill, Cameron Sexton, Richard Brady, and Laney Colvard.
Mayor J. H.
Graham, III was present and presiding.
He called the meeting to order at
ITEM #1 – PRESENTATIONS/PROCLAMATIONS
a)
Student
of the Month – Jaide Janow was presented the award for the character trait
“responsibility”.
b)
c)
Mayor’s
Green Award – Martin Elementary Action Network
d)
Distinguished
Service Award – Sally Oglesby was recognized for being honored by the Tennessee
Association of Municipal Clerks and Recorders.
e)
National
Business Women’s Week – October 17-23
ITEM #2 – CONSENT
AGENDA
A motion was made by Councilman Kerley, seconded by Mayor Graham, that all items on the consent agenda be approved as follows:
a) Approval of minutes (9/14-as amended, 9/21, 9/30) (Councilman Kerley asked that the following be added to the last paragraph in the City Manager’s Report of September 14 “Councilman Wyatt made a statement to Councilman Kerley that he shouldn’t be trying to run his election out of a City Council meeting.”
b)
Acceptance
of
c) Approval of maintenance contract with Interact Public Safety Systems for records management system in the Police Department in the amount of $6,967
d) Approval of payment to Crossville Aero in the amount of $9,472.49 for costs for the fly-in
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
ITEM #3 –
BIDS/PURCHASES
(Bid tabulations are attached and made a part of these minutes.)
a)
A motion was made by Councilman
Dean, seconded by Mayor Graham, that the low bid of Norris Brothers Excavating
be accepted with alternate bid item #2 on the
b) Copier – Public Safety – The Crossville IT Department and the Police Department recommended the second lowest bid of RJ Young in the amount of $9,628. This copier was recommended due to its greater storage, greater document security, faster processor, and faster warm up time. The IT Department’s familiarity with the brand and model of the copier/printer will make maintenance and installation easier. This copier is also a network printer so compatibility with the computer system was also an important consideration. A lease for the copier was included in the budget, but it was determined that purchasing the machine would be the most fiscally responsible so a budget amendment is required.
A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the bid of RJ Young in the amount of $9,628 on a Ricoh copier be accepted and a budget amendment passed on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
c) Street Sweeper – The bid of Stringfellow on a Tymco 600 street sweeper mounted on a new 2009 International 4300-M7 was recommended in the amount of $119,933, including trade-in. The lowest bid mounted a new street sweeper on the existing chassis.
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the bid of Stringfellow in the amount of $119,933, including trade-in, be accepted. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
ITEM #4 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS
Billy Loggins provided updates on
the following:
(At
BEER BOARD
China One Buffet, Inc.
An
application for an on-premises beer permit was submitted by Yang Hui dba China
One Buffet, Inc. located at
A motion was made by Councilman Duer, seconded by Councilman Wyatt, that an on-premises beer permit be issued to Yang Hui dba China One Buffet, Inc. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
(At
ITEM #5 – MATTERS
RELATIVE TO MEADOW PARK
Mayor Graham updated the Council on recent meetings with Scott Christian of ECE Services and the U.S. Army Corps of Engineers. The meeting was in regards to completing the environmental impact study and several other required tasks on the Cumberland County Water Supply project at a cost to the City of $166,500. There was $200,000 budgeted for this report. The remaining cost would be paid by the Corps of Engineers. He has asked them to accelerate the timetable so that it would be completed in nine months rather than two years as they projected. They will be using some of the studies already performed by ECE to assist in accelerating the project. A final meeting will be held to finalize the agreement before it is brought back to the Council. GKY Engineers projects a county population of 104,733 by 2030.
ITEM #6 – MATTERS
RELATIVE TO ANIMAL CONTROL
A letter was received (copy attached
and made a part of the minutes) from the Humane Society of Cumberland County
notifying the City that services will be discontinued October 1 since their
financial support has been put on hold by the City. City Manager Curtis Adams presented a
proposed agreement with the County for the operation of a county animal
shelter. The agreement proposes that the
costs be shared equally with an estimated annual budget of $76,311. The County will provide staffing and
day-to-day administration and operation, subject to the division of costs and
expenses. He recommended approval. Chief Beaty stated that this is the only
alternative unless the City built and operated its own facility. He also commented that the County has been
very helpful in working with the city during this period. Larry Hamilton will be training for
certification to assist when necessary in the euthanization of animals. The City Attorney stated his concurrence with
the agreement.
A motion was made by Mayor Graham, seconded by Councilman Dean, that the ordinance authorizing a proposed agreement with the County for the operation of a county animal shelter be passed on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
ITEM #7 – MATTERS RELATIVE TO COUNTY CODES INSPECTION
City Manager
A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the ordinance authorizing a proposed inter-local agreement with the County for building inspections in the County be passed on first reading, in title only. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.
ITEM #8 – MATTERS RELATIVE TO POLITICAL ADS
Councilman Dean requested the item to be deleted from the agenda. His reason for the request was that he didn’t believe that politics should be in a Council meeting. He further stated that it would tear the Council apart. Councilman Wyatt responded to the request by saying that it was his item and that it was not to be a political forum. His concern related strictly to the ads reflecting poorly against the entire City Council and its employees.
A motion was made by Councilman Dean, seconded by Councilman Kerley, that the item be erased from the agenda. Vote: Motion failed (summary: Yes = 2, No = 3, Abstain = 0). Yes: Councilman Jesse Kerley, Mayor Pro-Tem Earl Dean. No: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III.
Councilman Kerley stated prior to seconding the motion “None of my ads had any statements regarding any city employees or any other members of this Council involved and have no intention of striking any offense toward any city employee or other members of this Council except for my challenger for the Mayor’s race.”
(Councilman Dean left the meeting at
Following is a verbatim transcript of statements made by Council members.
Councilman Wyatt: I’m sorry that Councilman Dean is so upset over this, but he feels one way and I feel the other. I apologize for that, but I want to move ahead with this agenda item. First of all, ladies and gentlemen, the item was put on tonight’s meeting by me. I’m Boyd Wyatt, Sr., your Councilman, for the sole purpose of answering a political ad by Jesse Kerley that ran in the Chronicle on October 1 and another date that question the professionalism, honesty, integrity, and accuracy of the City employees and Council in regards to recording and documentation of council minutes. This ad would leave you to believe that there are employees that have not done their jobs properly and that the City Manager and Council have stood by and let this happen. I want you to assure you that this isn’t the case and that the ads are far from the truth. I’ve asked the City Manager to investigate and to report back to the Council in this matter. He has done so and given the Council copies of the approved minutes that back up his findings. I want to go over his findings with you at this time.
The first one is in regards to the public relations contract and I’m going to ask Mrs. Sally Oglesby to read this entire memo that you gave us all. (A copy of the memo is attached and made a part of these minutes.) First of all, the ad stated that there was a contract. There is no contract and there never has been a contract. Also it states that that City has paid out $40,000 for duplicate public relations services. Not so, the total amount over the last three years is only $36,420. So, in this amount of money are our annual report we do every year is in that. So, that takes care of item #1 in the ad. I know Councilman Kerley is wanting to debate this, but I’m going to ask that he wait until I get finished and then if he wants to…
Councilman Kerley: I’m just going to ask that you get your facts correct is all I’d like to ask for.
Wyatt: You’d ask for what, sir?
Kerley: That your facts be correct on how much money was paid. You don’t have all the figures in front of you.
Wyatt: If you want to ask some questions, you can do so after I get done with all of these.
Kerley: Okay.
Wyatt: You’re doubting the City minutes and the City Clerk already.
Kerley: I have it pulled right here.
Wyatt: The second part of the ad stated that “Mayor Graham pushed through Council a contract award for office rental space for the City engineering department without obtaining sealed bids. The building is owned by one of Graham’s accounting service clients. Once again, Graham did not follow proper procedures.” (A copy of a memo from the City Clerk is attached and made a part of these minutes.) Sally Oglesby has signed that and that is from the City records. The bids were sealed and remained sealed until time to open them. The next item on the ad “Graham pushed Council to approve an automatic contract renewal with a private wastewater management firm that manages the City’s sewer plant. The City’s charter requires the public submittal of proposals from competing firms before contract awards. City water and sewer rates are now going up 15%.” The City Clerk was requested to read a memo regarding this statement. (A copy of the memo is attached and made a part of these minutes.) Thanks, Sally. And, I believe that our City Attorney was involved in part of this and he even suggested that Mr. Kerley and my motion to second should not be and we pulled it. That everything was in order with the contract.
The last
one is in regards to the right to bear arms in the City of
I mentioned before that I asked our City Manager to look into these ads and he has done so and given us the approved minutes of all this verbage that you’ve heard here tonight and I’d like to ask the City Manager if he found all of this what we’ve read to be true and if there should be any corrections to these minutes.
City Manager Curtis Adams: I found all the information that you asked me and Mrs. Oglesby. We got you a copy of the minutes.
Wyatt: In other words, the minutes back up everything that we’ve been over here tonight.
Wyatt: That’s all I have.
Councilman Kerley – First of all, I’d like to start out before I answer for these ads here---In my opinion this is the most unethical and unprofessional action I’ve witnessed yet on the part of Mayor Graham and Councilman Wyatt. By bringing this political item up, you are only working for the benefit of yourselves and retain your status on this Council. This meeting is intended to do the people’s business in and this is far from the people’s business. These are political issues that I have brought to the public’s attention that I feel strongly about. You have used City resources to respond back on issues in a political race. Mayor Graham needs to answer these issues in a professional manner outside of a Council meeting.
First ad that talks about public relations – The figures that Councilman Wyatt gave you are incorrect. He forgot to add the 2007-08 budget year which is $3,300 and he forgot also to add the Crossville Life magazine that this individual was paid for, totaling over $43,000. As far as all the purchase orders of these services originating from the Public Relations Director, Ted Meadows has told me that, as the previous City Manager, he never approved any of these purchase orders. Billy Loggins has told me numerous times now that he never directed any of these job orders.
The next one here talks about the rental property. I have the bid here for Councilman Wyatt.
Wyatt: I have a copy of all of this. I don’t need that.
Kerley: Alright, where you stated here in the minutes that they would provide the internet and a receptionist.
Wyatt: You’re out of order. Mayor, I recommend that he doesn’t have the right to speak about any of this but what was in the ads.
Kerley: This is defending my ads.
Mayor Graham and Wyatt: Well, the ad says “without obtaining sealed bids”.
Wyatt: If you can talk about the bids being sealed or not
Kerley: That’s what I’m going to talk about if you will let me.
Wyatt: You’re bringing all kind of other verbage into this.
Kerley: Where I’m going with this is this bid right here—does it say that there’s going to be a receptionist supplied in this bid? If that’s so, this is another bid that was not turned in sealed whenever you brought it up in a Council meeting that he was going to provide other services that was not put into this bid, that means that that was not entered into a sealed bid. This was your words in a Council meeting.
Wyatt: That is not true. I disagree.
Kerley: That’s my opinion and that’s your opinion.
Wyatt: You just want to muddy things up to get out of the problem you are in.
Kerley: I’m just telling the facts. I’m not in any problems. I’m not in any trouble, am I?
Wyatt: I think you are.
Kerley: Okay. I’ll move on since I’m getting interrupted
since they accused me of interrupting a few minutes ago. As far as the waste management---it has never
been bid. Veolia has never re-bid their
contract. Our Charter states that a
contract over $5,000 is to be re-bid. If
we had re-bid our contract and I’ve got a letter here from the City of
On the gun stuff, the first two times it was read, no discussion was made on it according to these minutes. The second time it was brought up, I was not invited to the meeting. I was not informed that the meeting was going to go on and if I could attend the meeting that was held that morning of January 20th. As far as the February meeting, it was not added because of all the hostility that it had caused to the public. As far as the next time that it was brought up, I was again not asked if I could attend the meeting due to my work schedule. I’m finished.
Graham: Ms. Oglesby, it has brought to our attention that Mr. Kerley was not invited to these minutes. Is that the case?
Oglesby: I would have to go back and pull the calls, but certainly calls were sent around, but I don’t…
Kerley: I was called and told that a meeting was being scheduled is all I was called and told. With my job, I have to plan and when someone just calls and tells me that a meeting has been scheduled for this date, I have to attend my meetings that I have already previously scheduled.
Wyatt: There are four other people that have to be considered when these meetings are taking place.
Kerley: When I don’t even get a phone call. I can back it up with my phone records. I have one phone number that’s a cell phone number. I can go back on these dates and show that I did not get a phone call from the man that scheduled these meetings.
Wyatt: Now, you’ve read a letter from a former City Manager that’s outrageous.
Kerley: I just brought it to show. If you want to read it, you can read it.
Wyatt: Now, he was discharged from City Manager up here because of misappropriating funds and not following procedures. Then, you want to bring a letter up here from him with all kind of garbage here on it about me and the Mayor. It’s totally out of order here, in my opinion.
Councilman Duer: Did you say who the City Manager is. I don’t want to reflect on another person. Who the City Manager is? The one that you’re talking about.
Wyatt: It’s signed by Jack Miller, wasn’t it?
Kerley: It sure was.
Duer: It wasn’t Mr. Meadows.
Wyatt: No, no. He mentioned too that Mr. Meadows hadn’t ever instructed Don Napier to do any work. I don’t want to go much further than that, but Don has e-mails from Mr. Meadows stating and asking him to do certain items. It’s unfortunate that it’s come to this tonight, but as I stated earlier, in my opinion the ads were an attack really on the city employees and City Council and the minutes will back all of this up. That’s all I have, sir.
Duer: My only comment is that this is what comes about from negative advertising. You can pick on people about nothing and make something potential big about it. My wife was in the State legislature for 18 years. She never once ran a negative ad against any one and she was elected all but one time. Every time, they put all the negative ads against her. All I’m saying is, in politics I know that’s what you’re supposed to do, that’s what they say on CNN and all the stations, make up anything, do anything, make something big out of nothing, but it all comes down to these sort of controversies when you do it. If you just run on your own merits, what you can do, think you can do, and tell the truth you’ll be all right.
Kerley: I’d like to state that I feel like I’ve just brought the issues in my ads and I’d like Councilman Wyatt and Councilman Duer if they are going to be publicly supporting Mayor Graham and giving him a public endorsement in the next few weeks.
Duer: I certainly am and I wrote a letter which everybody got in the mail probably today. I wrote it myself. I decided to write it. Nobody told me to write it. My whole issue is who can run Crossville the best in the next four years. It’s nothing personal. I like Jesse, but this is a complicated thing up here, very complicated. I would hate to take it on myself. Not that I’m not that smart or dumb, but it’s involved. There’s something that goes on every day, something coming up. Jesse was talking about he couldn’t make the meetings because of his work and I understand that. I’m supporting Mayor Graham, but I’m not doing anything against Jesse. I didn’t say a word in that letter about Jesse. I said that I thought it was imperative that we re-elect J.H. because of all the things involved in the City, but it was nothing negative in my letter and I’ll never say anything negative against Jesse and I won’t about any other candidate.
Wyatt: I want everyone to know that I endorse Mayor Graham for re-election and the reason is that he is the best choice. He’s been here. He’s worked hard for the city. He’s got a lot of projects going that we need to finish and it would be foolish, in my opinion, to change horses in the middle of the stream, so to speak. I’ve really got no problem with Jesse except these ads, but when he starts putting these negative stuff in these ads, it’s a reflection on all the City employees and the City Council and I object to it.
ITEM #9 – MATTERS
RELATIVE TO IMPROVEMENTS AT HOLIDAY HILLS AND
Jerry Kerley explained the required
improvements, which include a carbon feed system, at the Holiday Hills and
ITEM #10 – CITY ATTORNEY’S REPORT
City
Attorney Kenneth Chadwell reported that the City had received suit by numerous
residents in the
ITEM #11 – CITY MANAGER’S REPORT
City Manager Curtis Adams presented the monthly revenue reports on sales tax, wholesale beer, and retail liquor. He also presented updates on building permits, grants, and projects.
§ Mayor Graham reported that a report had been received from Moody’s indicating that the City’s bond rating had been upgraded to Aa3 from Baa1.
§ Mayor Graham observed that the last four weeks of statistics from the Police Department show 87 accidents, 19 with injury. He stated that this reflects the worst 4 weeks he could remember. He requested the City Manager to discuss with the Police Department and Planning Departments about a traffic management study to include the timing on traffic signals, which have the potential of saving time and gas for the motorists. The City Manager reported that he had already had some meetings and that the biggest cause for the accidents is speeding.
§ Avgas Tank Installation – At the September meeting, the project was awarded to Freitag Construction, subject to approval of the State. Following submittal of the information to the State, City Clerk Sally Oglesby was informed that the State would not be able to approve grant funds unless the bid was awarded to the low bidder, Cobb Environmental & Technical Services. She recommended that the previous action be rescinded and the project awarded to Cobb Environmental in the amount of $188,303.
A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the previous award on the Avgas tank installation project be rescinded and the low bid of Cobb Environmental & Technical Services be accepted. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III. Absent: Mayor Pro-Tem Earl Dean.
§ Tennessee PGA Senior State Open – Approval was requested for payment of the $5,000 sponsorship of the 2010 tournament.
A motion was made by Councilman Duer, seconded by Councilman Wyatt, that approval be given for the sponsorship cost of $5,000 on the 2010 Tennessee PGA Senior State Open. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III. Absent/Excused: Mayor Pro-Tem Earl Dean.
§ Councilman Wyatt stated that at the last meeting, he had requested an item be placed on the agenda concerning matters brought up during the City Manager’s report.
A motion was made by Councilman Wyatt, seconded by Councilman Duer, that any item that is a cost to the City in the form of a donation or otherwise, that is not on the original manager’s report, in the future, not be considered.
Mr. Adams responded that in his report last month, he had put a focus on marketing, public relations, and tourism. Prior to the meeting, he had met with Mr. Perron regarding the proposed visitor’s center. He had invited Mr. Perron to provide an update, but had not intended that any motion or action be presented requesting a contribution from the City.
Councilman Kerley asked that the motion be amended to include all items that are not on the agenda.
The motion was amended by Councilman Wyatt, seconded by Councilman Duer, to include all items involving any amount of funds without prior notice. Vote on motion as amended: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III. Absent: Mayor Pro-Tem Earl Dean.
§ Councilman Wyatt reported that near the intersection of Miller Ave. and Lantana, there is a tree next to the sidewalk with a large dead limb over the sidewalk that could be a danger. He asked that it be checked on to see if it is something that the City would be responsible for removing.
§ Councilman Wyatt asked for a copy of the signed letter from Dr. Miller. Councilman Kerley stated that he did not bring it up in the meeting. The City Attorney stated that it would be considered a public document since it was brought to the Council meeting.
ITEM #12 – GRIEVANCES FROM CITIZENS
Wendell Kerley – Mr. Kerley stated that as a former
Councilman, he did not agree with political debates being a part of City
Council meetings and should not be done.
He also stated that there was an ad on a grinder pump with allegations
of stealing. The pump was applied for
and a decision on the request was made by the City Manager. At the request of Mayor Graham, Finance
Director Fred Houston reviewed a letter from Robert Allen, Comptroller’s Office
and the City’s response on the issuance of a pump on
Mayoral candidate Donna McDermott asked that the discussions be stopped and that there be no more dirty campaigning.
City
Manager
Mayor Graham asked the City Attorney if the Mayor has the authority to ask any employee for information. The City Attorney stated that it is all public information and available to anyone that requests it.
With no
further business, the meeting was adjourned at