The City Council for Crossville, Tennessee met in regular session on Tuesday, December 14, 2010 at Crossville City Hall.

 

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, Rodgers Spencer, Jerry Garrison, Clark Annis, David Beaty, Tony DeBord, Billy Martin, Andy Vaughn, Louis Gorenflo, Dennis Gregg, Willard Dale, Khrista Wyatt, Brylee Gunter, Shannon Hale, Margie Buxbaum, James Perry, Jeremiah Jones, Tara Cross, Betty Harvel, Jim Aytes, Dr. Mark Fox, Chris South, John Bilbrey, Jerry Wood, Chris Bennett, Steve Powell, Jim Young, Marlene Potter, Kim Chamberlin, and Brian Templeton, Fred Houston, Tonya Hinch, Joe Miller, Josh Cross, Elisjsha Cross, Mike Ewing, Vonda Ewing, Heather Ewing, Darlene Barnwell, Art Meharg, Dorothy Meharg, Lori Withers, Bobby Randolph, Jim Morrow, Scott Christian, John Hale, Carlene James, Kimberly Wooll, Shane Wooll, Blessing Newsome, Destiny Newsome, Danielle Newsome, Charity Newsome, Gloria Newsome, Mark Daniels, Billy Loggins, Jerry Kerley, and Steve Hill.

 

            Mayor J. H. Graham, III was present and presiding.  He called the meeting to order at 6:00 p.m.  The invocation was given by Willard Dale of the Southwest Baptist Church.  The Young Marines presented the colors and led the Pledge of Allegiance.

 

 

ITEM #1 – PRESENTATION/PROCLAMATIONS

a)           Student of the Month – Mayor Graham presented the award to Elisjsha Cross for the character trait “caring”.

b)           Christmas Card winners:

      Grand Prize – Brylee Gunter, Age 10, North Cumberland Elem.

                  Teacher:  Tristessa Howard

      Artistic Merit – James Pardue & Lindsey Tipton, Phoenix School

      Martin Elementary winner – Blessing Newsome, Age 13

      PineView Elementary winner – Madelyn Carter, Age 11

      Pleasant Hill Elementary winner – Kimberly Wooll, Age 8

c)            Dr. William Hess – Tree Board – postponed to the January meeting

d)           Mayor’s Green Award - Volunteer Energy Cooperative

e)           Certificate of Commendation – Michael Ewing for diligence and bravery in a purse snatching incident

 

 

ITEM #3 – CONSENT AGENDA

 

            A motion was made by Councilman Boyd Wyatt, seconded by Councilman Danny Wyatt, that all items on the consent agenda be approved as follows:

a)     Approval of minutes (11/9)

b)     2nd Reading of Ordinance amending the FY10/11 budget in the amount of $39,100 for sewer tap refunds on Beehive Lane

c)      2nd Reading of Ordinance amending the FY10/11 budget in the amount of $2,000 for boat ramp at Meadow Park Lake

d)     1st Reading of Ordinance amending the FY10/11 budget in the amount of $40,000 to record the MS-4 Stormwater grant

e)     Approval of Change Order #4 for Southern Contractors in the amount of $8,205 on the wastewater treatment project

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 # 4 – BIDS/PURCHASES (Bid tabulations attached and made a part of these minutes.)

 

a)           Janitorial Services – The price contract for cleaning services for City buildings expires on December 30, 2010.  Enviro-Stat, who presently has the contract, has agreed to extend the contract at the same price of $779 per week until June 30, 2010 for a total cost of $20,254.  This service will be re-bid for fiscal year 2011-12 for 12 months to get this service on the same time frame as all the other annual bids.

            A motion was made by Councilman Boyd Wyatt, seconded by Mayor J. H. Graham, that the contract with Enviro-Stat for janitorial services be extended for six months.  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.

b)           4WD Truck – Public Works – The low bid from Alexander Ford of Cookeville on a 2011 Ford F-150 XL 4 WD truck was recommended.

c)            2WD Truck – Public Works – The low bid was from Golden Circle Ford of Jackson, TN on a 2011 Ford F-150 XL 2 WD truck for $15,909.  The second low bid was from Alexander Ford in Cookeville for $16,168, a difference of $259.  Councilman Marlow recommended accepting the bid of Alexander Ford since they are closer and will have a special interest in any warranty issues and the difference in cost is minimal.

            A motion was made by Councilman Earl Dean, seconded by Councilman Danny Wyatt, that the bids of Alexander Ford on the 4WD and 2WD trucks be accepted.  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 #5 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS

 

            Marketing Director Billy Loggins discussed the latest marketing and public relations projects. 

§         Christmas Parade recap

§         Soccer Facility – continuing to market across the State; Councilman Boyd Wyatt suggested improvements to the sign located on Hwy. 127.

§         New Public Television spot on Downtown Crossville…also articles in the bi-monthly Close-Up

§         GM/OnStar training – Hybrid training is being conducted across the nation and efforts are underway to get sessions here.

§         Council Open House scheduled at the Palace for December 16

§         Hall of Trees…..Gaylord Opryland Hotel….this Holiday event benefits the Tennessee Fallen Fire Fighter’s Memorial Fund

§         Upper Cumberland Business Journal

§         Monthly Arts Round Up Meeting

§         First National Bank is hosting a Parade of Trees, including a tree sponsored by the City

§         Womens’ Open scheduled for July 21-23

§         Senior Men’s Open scheduled for May 24-25

 

 

(At 6:25 p.m. the regular meeting was recessed and the Solicitation Board convened.)

 

SOLICITATION BOARD

The Veterans Support Organization

            An application was submitted by The Veterans Support Organization to solicit funds at the VF Mall to assist veterans.  Mark Daniels, Veterans Service Officer for Cumberland County, reported that he had been receiving information for the last two years at statewide training regarding this organization.  This organization states that they solicit donations to help veterans in local communities with utility bills.  He received a call that they were set up at the mall and was asked to check it out.  None of the local veterans organizations were aware of the group and the information provided was sketchy.  He  reported that one of the individuals that was assisting with the donations admitted to him that he was homeless, not a veteran, and was asked to wear a veterans uniform and received compensation for helping.  Following contact with the City, they were told to desist until they had the proper permit from the City.

 

            Justin Wells, representing the VSO, stated that they had applied for the Solicitation Permit as instructed.  He explained that they receive grant applications continually for funds.  In response to a question about an investigation being conducted by the Secretary of State, he stated that they are going to a hearing in February.  He reported that they had given out $7100 in grants since October 1 in Tennessee.

 

            Mayor Graham reviewed their financial statement and found administration expenses to be very high.  Mr. Wells said that 65% goes to program services.  Councilman Boyd Wyatt also pointed out that the application did not have the required notary stamp necessary for authentication.  With that omission, he didn’t believe the application should be considered.

 

            No motion was made to approve the application.

 

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

 

 

ITEM #6 – MATTERS RELATIVE TO FIRE HALL #3

 

            Brian Templeton of Upland Design Group presented the schematic design for the station.  The City Manager and Fire Chief, along with Upland Design, visited Smithville and used it as a basis for the design of a similar facility.  The station has been designed with energy efficiency in mind.  It has two access points on Hwy. 70, three drive-through bays, 10,962 sf with an estimated construction cost of $1,534,680 plus $165,000 for land development for a estimated total of $1,699,680.

 

            A motion was made by Councilman Boyd Wyatt, seconded by Mayor J. H. Graham, that approval be given to proceed with the project, contingent on a report from Councilman Danny Wyatt after he reviews the construction plans.  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 SIGN ORDINANCE

 

            Margie Buxbaum made a request on behalf of the Beautification Committee for changes to the current ordinance and enforcement of its provisions.  The proliferation of signs on public and private property has become a concern.  She explained that enforcement had stopped because of complaints over the inconsistencies in the current ordinance.  Consequently, no permits are being issued at this time and there is no enforcement.  Kyle Eldridge has been working on a new sign ordinance in consultation with locals in the sign business and ordinances from other cities.  The Beautification Committee requested that the changes be considered.  Councilman Danny Wyatt asked that the Codes Dept. be asked to work on the proposed ordinance and to include a requirement for sign permits.  Mayor Graham stated that a work session will be called in the near future with the Codes Dept. and other interested parties on proposed changes.

 

 

ITEM #8 – MATTERS RELATIVE TO HWY 70N WATER LINE

 

            City Clerk Sally Oglesby reported that acquisition is required for an easement across the U.T. Agricultural Extension property on Hwy. 70N.  The easement totals 2.61 acres and covers the entire length of the road frontage.  The State hired J. Kip Miller to provide an appraisal of the proposed acquisition.  The State has requested payment of $6,550 for the purchase plus $500 for the real estate management fee.

 

            A motion was made by Councilman Boyd Wyatt, seconded by Mayor J. H. Graham, that the purchase of an easement from the State of Tennessee be approved in the amount of $7,150.  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 – MATTERS RELATIVE TO PERSONNEL

a)           City Manager’s six month evaluation – When hired, Mr. Adams’ pay was set with the understanding that he would not be enrolled in the retirement system.  However, he is required by law to be added.  Mr. Adams requested that he not receive the normal 5% increase because of this added cost to the City.  Council thanked him for the generous offer.  The City Manager’s 6 month evaluation was approved without further comment.

b)           SRO officer at Martin Elementary – Police Chief Beaty requested the assignment of Lt. John Bilbrey to Martin Elementary as a School Resource Officer.  The only additional expense would be for training and the compensation for promotion to the Captain position.  All costs would be paid from the retail liquor fees.  If approved, the assignment will begin in January 2011.

            A motion was made by Councilman Boyd Wyatt, seconded by Councilman Danny Wyatt, that Lt. John Bilbrey be assigned to Martin Elementary as a School Resource Officer beginning in January 2011 and promoted to Captain.  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.

c)            Promotion of Anthony DeBord and Brian Wyatt to Senior Firefighter – Both employees have met all requirements for promotion to Senior Firefighter.  Approval is requested for a full step raise of 10% from pay grade 24 to pay grade 25.

            A motion was made by Councilman Earl Dean, seconded by Councilman George Marlow, that Anthony DeBord and Brian Wyatt be promoted to Senior Firefighter and raised 10% from pay grade 24 to pay grade 25.  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. (familial conflict of interest with Brian Wyatt)

d)           Retirement of Danny Driver – Mr. Driver is retiring on December 15 after 10 years and 4 months service.  By policy, he is due a retirement bonus of $2,500 because he is eligible for full service retirement.  His vacation pay will be $3,344.91 for 225.40 hours.  The total of his check, not including his last week of pay will be $5,844.91.  He is also eligible for a gift in the amount of $196 ($1 per month worked).

            A motion was made by Mayor J. H. Graham, seconded by Councilman Boyd Wyatt, that the retirement pay be approved for Danny Driver.  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 #10 – MATTERS RELATIVE TO WATERLINE BREAK SETTLEMENT

 

            Director of Engineering Tim Begley explained that during construction of the industrial access road for StonePeak Ceramics, the contractor, Highways Inc., broke a waterline.  The cost to repair the line was $10,397.82.  He, City Manager Curtis Adams, and Finance Director Fred Houston recommended that the City settle with Highways for one-half of the cost ($5,198.91).  Mr. Begley stated that, due to the resulting relocation, the City has value in the new line because it is now out of he stream and not an environmental issue for the future.

 

            A motion was made by Mayor J. H. Graham, seconded by Councilman Danny Wyatt, that the recommendation of settlement with Highway’s Inc. be approved.  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.

 

 

ITEM #11 – MATTERS RELATIVE TO NORTHWEST CONNECTOR ACQUISITION

 

            City Clerk Sally Oglesby reported that acquisition is scheduled to proceed again for Section 1 of the Northwest Connector.  With the re-design of the route, right-of-way will be required on the north side of property owned by Hilltopper’s where they have a group home.  In negotiations, some needs have been identified.  The group home has severe septic problems and needs to be able to connect to the City’s wastewater system.  A short extension of the sewer line down Northside Drive would provide them access and would also provide access to other properties in the area.  They also purchased a property on Village Lane that was configured as a duplex.  To utilize the property, they needed one of the meters relocated and the other meter removed.  Because it needed to be done before they resurfaced their parking, city crews have already performed this work.  It is recommended that both projects be approved in exchange for the donation of the property for the Northwest Connector.  Mayor Graham pointed out that the new road will destroy the group home’s field lines.  (Following the meeting, it was noted that the line extension on Northside Drive will be approximately 1,150’ with materials costing $2,500.)

 

            A motion was made by Mayor J. H. Graham, seconded by Councilman Boyd Wyatt, that the agreement with Hilltoppers for the acquisition of property for the Northwest Connector be approved, subject to all rules, regulations, and an accurate estimate of the number of feet required and cost.  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 #12 – MATTERS RELATIVE TO DOWNTOWN PROJECT

 

            Deferred.

 

 

ITEM #13 – MATTERS RELATIVE TO MEADOW PARK LAKE DAM PROJECT

 

            Scott Christian reported that Rural Development is short of funds for the project due to the federal budget not being adopted.  He has been in further contact and made a request for a meeting in Nashville.  Through his conversations, they are pushing on for a left-hand letter which would guarantee the funding when the federal funds become available and/or funding through their 20% emergency fund allocation.  That decision will be made by Keith Head.  If we get authorization to proceed with a left hand letter; ECE would be ready to bid the maintenance project in early January.  Mr. Christian cautioned that the City can’t receive bids without the left-hand letter in hand and be guaranteed reimbursement.  With the left-hand letter, interim financing will be required.  Finance Director Fred Houston stated that the current TML line of credit could be used.  Mr. Christian recommended pursuing the left-hand letter and to also try to be included in the emergency 20% allotment.  He will schedule a meeting in Nashville as soon as possible.  Mayor Graham pointed out the time limitations in the agreement with the Lake Tansi POA. 

 

 

ITEM #14 – MATTERS RELATIVE TO APPEALS BOARD FOR BUILDING CODES

 

            Mayor Graham recommended that a three-member Building Code Appeal Board be established to include an appointment by the City Council, Cumberland County, and the Cumberland County Homebuilders Association.

 

            A motion was made by Councilman Boyd Wyatt, seconded by Mayor J. H. Graham, that a Building Code Appeal Board be established as outlined and that Councilman Danny Wyatt be appointed.  Vote: Motion passed (summary: Yes = 4, No = 0, Abstain = 1).  Yes: Councilman Boyd Wyatt, Sr., Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.  Abstain: Councilman Danny R. Wyatt.

 

 

ITEM #15 – MATTERS RELATIVE TO COLINX

 

            Mayor Graham reported on a planned expansion of the facility and a request for assistance from the City and County.  He requested that he be approved to work with the City Clerk in procuring grants and a PILOT schedule as the project proceeds.  No objections were received.

 

 

ITEM #16 – MATTERS RELATIVE TO DOOLEY ST. SEWER PROJECT

 

            Clark Annis explained to the Council that the Dooley Street project was bid with the City to provide grinder pumps and the contractor installing the conversion from gravity to low pressure for the affected homes.  This will eliminate six stream crossings through the city recreation park and allow for improvements for stream bank stabilization and storm water improvements.  By bidding the project this way, significant costs savings were realized.  The property owners have donated all the required conservation easements.  Providing grinder pumps for the project was recommended by the City Manager and Clark Annis.

 

            A motion was made by Councilman Boyd Wyatt, seconded by Mayor Graham, that approval be given to provide grinder pumps for the Dooley Street sewer project.  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 #17 – CITY ATTORNEY’S REPORT

 

            City Attorney Kenneth Chadwell reported that no new lawsuits had been filed during the previous month.  He had nothing new to report on the Tansi lawsuit, except that the plaintiff’s attorney’s have requested an extension on providing the requested discovery documents.

 

            Mr. Chadwell further commented that the Solicitation Permit application was irregular and incomplete on its face and, had there been a motion, he would have advised that they could not take action on it.  He pointed out the City’s Municipal Code requires 75% of all collected funds be distributed as donations and verified by an audit.

 

 

ITEM #18 – 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.  Joe Miller reported that he had used the majority of his salt budget already, including the 300 tons that he just ordered.

 

            Councilman Boyd Wyatt asked about the status of repairs to the drainage issues at Industrial and Old Jamestown Hwy.  Tim Begley reported that one property owner will donate the property.  They have two more owners to talk to, but they believe they will also be agreeable.

 

            Councilman Boyd Wyatt asked about the Penny Lane paving project.  It is an unimproved right-of-way that has been in discussion several times, but all the property owners have not been agreeable to the improvements and the land involved to bring the road up to City standards.

 

            Councilman Boyd Wyatt asked the City Manager if there had been a response from Charter Cable.  Mr. Adams reported that he had met with Nick Pavlis, Governmental Affairs Liaison.  He received a copy of a letter that was supposed to have been sent to Councilman Wyatt.  Councilman Wyatt stated that he had not received the letter and requested a copy.

 

 

ITEM #2 – APPOINTMENTS

a)           Election of Mayor Pro-Tem

            A motion was made by Councilman Earl Dean, seconded by Councilman Boyd Wyatt, that Danny Wyatt be elected as Mayor Pro-Tem.  Vote: Motion passed (summary: Yes = 4, No = 0, Abstain = 1).  Yes: Councilman Boyd Wyatt, Sr., Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.  Abstain: Councilman Danny R. Wyatt.

b)           City Judge

            A motion was made by Councilman Boyd Wyatt, seconded by Councilman Earl Dean, that Thomas Bean be appointed City Judge.  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. 

c)            Lake Commission

            A motion was made by Councilman Boyd Wyatt, seconded by Councilman Earl Dean, that George Hudson be re-appointed to the Lake Commission. 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.

A motion was made by Councilman Boyd Wyatt, seconded by Danny Wyatt that James Perry be appointed to the unexpired term of Elmo Lewis on the Lake Commission.  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.

d)           Health and Educational Facilities Board

            A motion was made by Councilman Boyd Wyatt, seconded by Councilman Danny Wyatt, that Clark West be appointed to the Health and Educational Facilities Board to fill the unexpired term of Burrell Harris.  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.

 

 

            With no further business, the meeting was adjourned at 7:50 p.m.