The City Council for the City of Crossville met in special session on Thursday, October 28, 2010 at Crossville City Hall.

 

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, Fred Houston, Darlene Barnwell, Mike Turner, David Beaty, Kyle Eldridge, and Jim Young.

 

 

            Mayor J. H. Graham, III was present and presiding.  He called the meeting to order at 4:30 p.m.

 

 

ITEM #1 – 2ND READING OF ORDINANCE AMENDING THE FY10-11 BUDGET FOR COPIER IN THE AMOUNT OF $4,000

 

            A motion was made by Councilman Duer, seconded by Councilman Kerley, that the ordinance amending the FY10-11 budget for a copier in the amount of $4,000 be passed on second 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 #2 – 2ND READING OF ORDINANCE AUTHORIZING AN AGREEMENT WITH CUMBERLAND COUNTY FOR CODES ENFORCEMENT

 

            Mayor Graham opened the discussion with the following comments made in the Glade Sun by County Commissioner Carmin Lynch “While I have some concerns that the ‘fee schedule’ appears to be higher than the proposed state fees and the ability of the City to keep up with the 24-hour turnaround time when residential building picks up again, I do think it is a good project to see how well we can work with the City for mutual benefit of our citizens”.  A comparison fee schedule was presented by the City Manager.  Kyle Eldridge explained that the state fees do not include additional charges required by their program for inspections and re-inspections.  In most instances, most inspections would require at least $300 in addition to the initial fee in the state schedule.  With the City’s permit schedule, the entire amount is collected on the front end and no other charges are made, regardless of the number of inspections.  Mayor Graham asked that this information be provided to the County Mayor and Commission.

 

            In regards to the 24-hour turn around comment, it was pointed out that this is not a requirement in the proposed contract.  Every attempt will be made to make the 24-hour turn around, but it is not guaranteed.  The biggest issue will be with concrete pours for footers, which has a 24-hour requirement for state inspections.  The state only guarantees a 3 day turn-around for any other inspections.

 

Councilman Wyatt expressed his support of the City helping the County, but would not want to guarantee continuing after one year.

 

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the ordinance authorizing an agreement with Cumberland County for codes enforcement be passed on second 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 #3 – 2ND READING OF ORDINANCE AUTHORIZING AN AGREEMENT WITH CUMBERLAND COUNTY FOR ANIMAL CONTROL

 

            A motion was made by Councilman Dean, seconded by Councilman Duer, that the ordinance authorizing an agreement with Cumberland County for operation of an animal shelter be passed on second 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 #4 – MATTERS RELATIVE TO LAKE TANSI LAWSUIT

 

            City Attorney Kenneth Chadwell requested approval to contract with the firm of Watson, Roach, Batson, Rowell, & Lauderback as co-counsel for the Lake Tansi lawsuit.  The TML Risk Management Pool denied coverage under the City’s policy.  This firm would have been the defense team if covered by TML and the charge will be at that rate.

 

            Mr. Chadwell stated that the City does not concede any of the allegations or that they are meritorious.  The anticipated liability, if any, will be more known within a few weeks.  He did inform the Council that the damages claimed in the lawsuit are only monetary for damages and do not seek to stop the construction of any of the projects.

 

            A motion was made by Councilman Duer, seconded by Councilman Dean, that, in regards to the lawsuit filed by Lake Tansi property owners, (1) a contract with Watson, Roach, Batson, Rowell, & Lauderback for legal services be authorized, (2) the re-appointment of the law firm of Looney, Looney, & Chadwell and Kenneth Chadwell as City Attorney be ratified, (3) the City Manager be authorized to sign such documents and spend such funds as reasonably necessary to defend the action and assist the firms in the defense of the lawsuit, and (4) that approval be granted retroactively.  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.

 

 

 

            With no further business, the meeting was adjourned at 4:51 p.m.