The City Council for the City of Crossville, Tennessee met in regular session on Tuesday, March 8, 2011, at Crossville City Hall.

Roll Call. Present: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt. Others present were City Manager Curtis Adams, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, David Beaty, Susan K. Bilbrey York, Robert Camp, Helen Camp, Velma Pauley, Hi Pauley, Janice Yancy, Don Yancy, Wilma Yancy, John Ridgway, Joan Ridgway, Norma Allen, Sandra J. Doherty, Frances Doherty, Mr. and Mrs. James L. Selby, Edna Kantor, Kathleen Olson, Adeline Brennan, James P. Brennan, Warren Kazmarek, Billy Carr, Wendell Wilson, Colby Carr, Jerry Garrison, Andy Vaughn, Tim Begley, Jim Young, Kyle Dunn, Tonya Hinch, Ron Dyer, Barb Brown, Thomas Nosarzewski, Scott Christian, Joe Miller, Mike Nuss, Terry Ashburn, Tim Chesson, Bob Curran, Terri Curran, Karli Threet, Chris Bennett, Jon Gabbert, Jeff Gabbert, Frances Carson, John Withers, Lori Withers, Jim Morrow, Elaine Morrow, Alexis Crawford, Ashley Johnson, Rob Harrison, Darlene Barnwell, Fred Houston, Chris South, Mike Turner, Margie Buxbaum, Carolyn Jozwiak, Steve Hill, Steve Powell, Jerry Kerley, Clark Annis, Billy Loggins, Sandy Gruber, and Lou Morrison.

Mayor J. H. Graham, III was present and presiding. He called the meeting to order at 6:08 p.m. The invocation was given by Tim Chesson of the Faith Worship Center. The Young Marines presented the colors and led the Pledge of Allegiance.

ITEM #1 – PRESENTATIONS/PROCLAMATIONS

a) Student of the Month – Alexis Crawford was honored for the character trait “fairness”.

b) Mayor’s Green Partner – Advanced Rehabilitation Center, represented by Thom Nosarzewski

c) Mary Ann Brown – Unit Commander of the Young Marines - Deferred

d) American Red Cross Month

ITEM #2 – CONSENT AGENDA

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

a) Approval of minutes (2/8, 2/23)

b) Approval of Certificate of Compliance for Stanley Roger York

c) Approval of Certificate of Compliance for Janet C. Oakes

d) Approval of Certificate of Compliance for Don and Delores Haberman

e) Approval of Memorandum of Agreement with Federal Aviation Administration on navigation, communication and weather aid facilities at Crossville Memorial Airport through September 30, 2030

f) Approval of agreement with the Department of the Air Force for the loan of a T-33A aircraft, “Miss Nettie”, located at CCHS

g) 1^st Reading of Ordinance amending §5-609(19) of the Crossville Municipal Code regarding sale of surplus property

h) 1^st Reading of Ordinance amending §18-400 of the Crossville Municipal Code regarding cross connections, auxiliary intakes, etc.

i) 1^st Reading of Ordinance amending the FY10/11 budget for purchase of replacement patrol car in the amount of $26,000

j) Approval of temporary street closings for Blue Ribbon Ceremony on April 7

k) Approval of temporary street closings for Welcome Home Parade 2011 to be held on June 3

l) Approval of temporary street closings for Pro-Troop Rally 2011 to be held on July 4, 2011

m) Approval of temporary street closings for DCI events in 2011 (letter attached)

n) Approval of amendment of $3,250 to the contract with Upland Design Services for engineering services for utilities to the site of Fire Hall #3

o) Approval for contract for environmental services in the amount of $10,050 with DEPA

p) Approval of revision to fee schedule for Palace Theatre

q) Approval to sell unclaimed firearms (list attached)

r) Approval to disable and dispose unclaimed firearms (list attached)

s) Approval to sell court-awarded firearms (list attached)

t) Approval to disable and dispose court-awarded firearms (list attached)

u) Bids/Purchases

i. Communications equipment from Motorola ($47,710.52) – Fire Dept.

ii. Codification Services from American Legal Publishing Corporation at an estimated cost of $6,000

iii. Tractor/mower from Mountain Farm International ($18,633) – Maintenance

iv. Health Risk Evaluation – Blue Cross/Blue Shield at an estimated cost of $6,500

v. Patrol car – approve emergency purchase from Alexander AutoMall at an estimated cost of $26,000 ($23,500 for vehicle plus equipment)

Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

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

SOLICITATION BOARD

Vietnam Veterans of America

An application was received from the Vietnam Veterans of America to raise funds for veterans in need through a yard sale. The Chief of Police recommended approval.

A motion was made by Councilman Earl Dean, seconded by Councilman Danny Wyatt, that a Solicitation Permit be approved for the Vietnam Veterans of America. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

(At 6:27 p.m., the Solicitation Board was adjourned and the regular meeting reconvened.)

ITEM #3 – MATTERS RELATIVE TO PUBLIC RELATIONS AND MARKETING

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

• TREEDC Conference – This event was held at the library and well attended.
• Kohl’s Cup Soccer Event – June 4^th and 5^th
• Senior Olympics Kick-Off – Cookeville will hold the kick-off events. All events, except for swimming, will be held in Cumberland County.
• Tennessee Senior Men’s & Tennessee Women’s Open media event will be held on March 23. A volunteer luncheon and training session will be held during the third week in June
• Tennessee Senior Chess Championship will be held in May at the Fair Park Senior Center
• Chamber Lifestyle magazine
• Sustainability Fair – May 12
• Annual report just released and included in March 4th Chronicle
• Stay and Play, a Middle TN publication will have an ad from the City on the back cover in May
• 4^th Grade walking tours of downtown are scheduled
• Play Tennessee is just getting started on several events

City Manager Curtis Adams was presented a cake in recognition of his first anniversary as City Manager.

ITEM #4 – MATTERS RELATIVE TO ANNEXATION AND ABUTMENT PROJECTS

a) Intersection of Hyder Ridge Road and E. 1^st St.

i. 1^st Reading of ordinance annexing 27.17 acres

A request was received for the annexation of properties on Hyder Ridge Road and E. 1^st St. Portions of three of the properties are already in the city limits.

b) Lantana Road/Jada Drive

i. 1^st Reading of ordinance annexing 15.6 acres

A request was received from Artis Winningham to annex his property located on Jada Drive so that he can connect to City sewer that is now adjacent to his property. Because the property is not adjacent to the City limits, it will require annexing Lantana Road (state-maintained) and a portion of Jada Drive that is state right-of-way. If approved for annexation, Mr. Winningham requested permission to begin connection to the sewer prior to completion of the annexation process. At the time that easements were acquired, several property owners along this stretch requested annexation so these properties have been included.

c) 433 Spruce Loop

i. 3^rd Reading of ordinance annexing 0.33 acres

ii. Resolution adopting a Plan of Services – The Plan of Services has been approved by the Planning Commission.

A motion was made by Councilman Boyd Wyatt, seconded by Councilman Earl Dean, that:

1. the ordinance annexing 27.17 acres at the intersection of Hyder Ridge Road and E. 1^st Street be passed on first reading;

2. the ordinance annexing 15.6 acres on Lantana Road and Jada Drive be passed on first reading;

3. permission be granted in the annexation area on Lantana Road and Jada Drive to proceed with connection to the sewer prior to completion of the annexation process at “inside City” costs;

4. the ordinance annexing 0.33 acres at 433 Spruce Loop be adopted on third and final reading; and

5. the resolution outlining a Plan of Services for the annexation of 433 Spruce Loop be adopted.

Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

d) Satsuma Drive – Deferred – The City Clerk was instructed to send another letter with plan of services, more information, and the opportunity to express their wishes on the proposed annexation and abutment project.

ITEM #5 – MATTERS RELATIVE TO DRUG/ALCOHOL TESTING POLICY

This item was deferred at the February 8 meeting. Since that time the “Drug Policy” for the City has been reviewed by TML, Department Heads, and City Attorney Kenneth Chadwell with no comments or suggestions for changes. It has been approved by City Attorney Kenneth Chadwell and Joshua Jones, attorney for MTAS. The Personnel Board met on Monday, February 28 and voted to recommend to City Council to approve this policy.

A motion was made by Councilman Boyd Wyatt, seconded by Mayor Graham, that the revised edition of the City of Crossville’s Drug Policy be approved with an effective date of March 9, 2011. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

ITEM #6 – MATTERS RELATIVE TO CABOOSE

DCI has been raising funds for the renovation of the caboose. The remaining work is estimated to cost $13,257. They have $2,334.83 in funds to put toward this work, leaving a balance of $10,922.17. The City Manager recommended contributing the remaining funds.

A motion was made by Councilman Boyd Wyatt, seconded by Councilman Earl Dean, that the remaining funds needed to complete the renovation of the caboose be approved 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 Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

ITEM #7 – MATTERS RELATIVE TO DOWNTOWN IMPROVEMENT PROJECT

Councilman Danny Wyatt requested Council to consider moving forward on the downtown project in order to keep it on schedule. It was pointed out that TDOT has notified the City that it has a balance of $584,192 in Surface Transportation Program funds that can be used for any project that is related to or adjacent to a road that is classified as greater than a rural minor collector. Potential projects include street lighting, traffic signals, and storm drainage for the downtown infrastructure project. Funds must be used by September 30, 2013 and the project pre-approved by TDOT.

The next step in the project is the final engineering and bidding at a cost of $461,158, which would keep the project on schedule for use of the grant funds already received. This work will take approximately 14 months. If approved, it is estimated that $156,145 would be spent in the current fiscal year. The remaining amount would be budgeted for next fiscal year. If desired, approval of the $15,000 for bidding documents could be delayed until completion of the final engineering documents to determine the available funding for construction of the project.

Mayor Graham stated that he wanted to work on grants further and delay any action. He expressed his discomfort in allocating the funds and that he did not feel as though it was necessary to do it at this time.

Councilman Danny Wyatt pointed out that by funding either the street lights or the traffic signals, the City would reap significant energy savings due to the conversion to LED lighting. The new street lights would also eliminate the higher cost for leasing the street lights rather than owning them. He commented that the DCI ladies had been working hard for the City to prepare for the project.

Mayor Graham pointed out other potential uses for the Surface Transportation Funds could be to fund traffic lights on either end of the Northwest Connector and at the intersection of Peavine Rd. and Highway 70E. He will be going to Washington DC later in the month and hopes to talk to the Secretary of Commerce about EDA Funding. He is also working on funding through Rural Development and additional enhancement money from TDOT.

Councilman Boyd Wyatt agreed with the Mayor that he didn’t see a need to rush the project. He also pointed out that the City had numerous projects underway that needed to be completed.

Councilman George Marlow expressed his support for improvements in downtown, but he was concerned about the additional increases in water/sewer rates that would be required on top of the ones required for the current projects.

Councilman Earl Dean voiced his agreement with Councilman Danny Wyatt. To keep the project on track and meet the requirements of the grants already received, he felt like the engineering needs to get started and that the longer we wait, the more money the project will cost.

A motion was made by Councilman Danny Wyatt, seconded by Councilman Earl Dean, that the Surface Transportation Funds of $584,192 be allocated to the downtown project for street lights and stormwater, that approval be given to proceed with final engineering, and a budget amendment be passed on first reading. Vote: Motion failed (summary: Yes = 2, No = 3, Abstain = 0). Yes: Councilman Earl Dean, Mayor Pro-Tem Danny R. Wyatt. No: Councilman Boyd Wyatt, Sr., Councilman George Marlow, Mayor J. H. Graham, III.

ITEM #8 – MATTERS RELATIVE TO OLD JAMESTOWN HIGHWAY/INDUSTRIAL BOULEVARD DRAINAGE ISSUES

The Engineering Department has contacted all of the property owners involved with this project and they have verbally agreed to donate easements. The project will consist of approximately 725 feet of 36 inch HDPE pipe and 1 junction box with an estimated anticipated cost of $41,300.00. This number could increase slightly depending on the amount of rock encountered. The Street Department will perform all work. All material will be purchased under yearly contracts and rental of a track hoe will be required.

A motion was made by Councilman Boyd Wyatt, seconded by Councilman Danny Wyatt, that the drainage project be approved 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 Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

ITEM #9 – MATTERS RELATIVE TO WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT

At the February meeting, action on item #2 of the change order for Southern Constructors was deferred for a recommendation on whether the demolition could be done by City crews. Upon study, it was recommended that the demolition should be done by Southern Constructors due to the complexity of the structures.

A motion was made by Councilman Danny Wyatt, seconded by Councilman Earl Dean, that item #2 in the change order with Southern Construction for $7,425 be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

ITEM #10 – MATTERS RELATIVE TO WATER HARVESTING PROJECT

Correspondence was received from ECE Services requesting additional engineering fees of $15,000 to cover the unforeseen permitting issues and an estimated additional $80,000 for construction engineering costs caused by the construction delays from the permitting problems. Director of Engineering, Tim Begley, recommended approval.

Scott Christian reported that the engineering costs were within the budget in December, but went over in January. The contractor expects 8-10 weeks to complete project. Following testing, the pipeline should be available in mid-June.

In an update on the Meadow Park Lake dam project, Mr. Christian reported that Rural Development has approved the environmental and the funding announcement is expected within the next 2 weeks. When released and the bids awarded, construction could begin around mid-April. The construction should be totally completed by August 2012, but the lake would not be lowered more than 120 days. The dam permit expires on October 16, 2011 so it is imperative that the project begin as soon as possible.

A motion was made by Councilman Earl Dean, seconded by Councilman George Marlow, that the additional engineering fees for ECE Services on the water harvesting project be approved. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III. No: Mayor Pro-Tem Danny R. Wyatt.

ITEM #11 – MATTERS RELATIVE TO HWY. 127S UTILITY RELOCATION PROJECT

Negotiations continued with the property owner of Tract 104. A final offer was made to the property owner for $9,945 based on the comparable prices paid to him by TDOT in 2003. This offer was accepted.

A motion was made by Councilman Danny Wyatt, seconded by Councilman Boyd Wyatt, that approval be given for the payment of $9,945 to the property owner of Tract 104 for the required easement. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

ITEM #12 – MATTERS RELATIVE TO DOOLEY STREET SEWER PROJECT

In constructing the new sewer, the contractor encountered a low 12” water line along Industrial Blvd. that conflicts with the bore for the new sewer. Upon examination of the situation, the engineers proposed three potential solutions:

1. City relocate the water line using city crews at an estimated cost of $4,729.40

2. Accept Norris Brothers proposed lump sum price of $16,200

3. Contract with Norris Brothers on a time and materials basis, not to exceed $16,200

There is $90,500 budgeted as contingency in the project, which is not anticipated to be used.

A motion was made by Councilman Boyd Wyatt, seconded by Councilman George Marlow, that city crews be approved to relocate the water line on Industrial Blvd. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

ITEM #13 – MATTERS RELATIVE TO CUMBERLAND COVE PROJECT

A proposed change order for W & O Construction on the items previously approved was presented for approval in the amount of $381,982.50. Also presented was an amendment to the contract of Stigall Engineering to provide engineering services for these additional items. The cost would be $57,550. It was anticipated that these additions would be funded through the Rural Development loan. However, if the City chose to fund these out of existing funds, the environmental review would not be required, saving $6,000.

A motion was made by Mayor Graham, seconded by Councilman Danny Wyatt, that Change Order #1 with W & O construction on the Cumberland Cove project in the amount of $381,982.50 be approved and that the contract amendment with Stigall Engineering in the amount of $57,550 be approved, contingent on approval by Rural Development. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

ITEM #14 – MATTERS RELATIVE TO WATER AND SEWER RATES AND FEES

A resolution raising the water and sewer rates by 5%, as required by the State Revolving Loan Fund, to adequately fund the water and sewer projects was presented for approval to be effective on April 1, 2011. The rates will raise an additional 5% on April 1, 2012 and April 1, 2013.

A motion was made by Councilman Earl Dean, seconded by Mayor J. H. Graham, that the resolution on water and sewer rates and fees be adopted. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0).

Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III. No: Mayor Pro-Tem Danny R. Wyatt.

ITEM #15 – CITY ATTORNEY’S REPORT

City Attorney Kenneth Chadwell reported that no new lawsuits had been filed in the previous month. No update was available on the lawsuit from property owners at Lake Tansi.

He and the Codes Department have toured several abatement projects that are uninhabitable and detrimental to the public welfare. It is his opinion that the structures need to come down and requested permission to get a court order to remove the structures and assess the costs to the property. He recommended beginning with the 8 worst cases, which are now or formerly owned by Bryson, Dodson, Lee, Masters, Parsons, Patel, Sevier, and Tollett.

A motion was made by Councilman Earl Dean, seconded by Councilman George Marlow, to accept the recommendation of the City Attorney to proceed with the abatement projects. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

ITEM #16 – CITY MANAGER’S REPORT

Mr. Adams reported a request to change Fourth Street back to two-way from Thurman to Main St. The request will be discussed with property owners and businesses affected by the road. A study will also be done on the traffic flow pattern and parking with a recommendation from the Police and Street Departments.

A request was received from Hilltopper’s to waive the cost of a sewer tap when the sewer is extended on Northside Drive to their group home.

A motion was made by Mayor J. H. Graham, seconded by Councilman Danny Wyatt, that the request for the sewer tap be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

Councilman Boyd Wyatt pointed out that water loss was down to 18% for the past 6 months and down to 22% for the past year. Noting the reduction in the amount of water loss, it was reported that 474 meters were changed out in February.

City Manager Curtis Adams presented the monthly revenue reports for local option sales tax, wholesale beer tax, and retail liquor inspection fees. In addition, he presented updates on building permits, current grants, and special projects. The amount collected in sales tax was the best in 40 months; however, beer tax and liquor fees were down. During February there were 31 building permits issues. Of those, 8 were in the county. He reported that he had received no complaints since the County building permit program had been instituted. Councilman Danny Wyatt reported that he had received complaints from realtors about going to a competitor’s office to obtain permits. Other than that, no other complaints were received.

With no further business, the meeting was adjourned at 7:31 p.m.