The City Council for the City of Crossville met in regular session on Tuesday, March 9, 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 Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Andy Vaughn, Jim Young, Fred Houston, David Beaty, Jerry Holman, Tim Begley, Kevin Dean, Valerie Hale, Willard Dale, Tom Wolf, Troy Shaver, James Perry, Rodgers Spencer, Jerry Kerley, Dr. Mark Fox, Clark West, Jerry Garrison, Gary Greene, Eric Brady, Scott Christian, Margie Buxbaum, Jeff Kerley, Curtis Adams, Dot Adams, Darrell Sherrill, Stace Karge, Chris South, Mike Turner, Joe Miller, Clark Annis, Dinah Page, Jennifer Page, Adam (A. J.) Page, Dean Bennett, Kim Chamberlin, Steve Hill, Billy Loggins, Rob Harrison, Tonya Hinch, Bill Oglesby, Bruce Wyatt, Carmen Wyatt, Don Alexander, Alexis Withers, Hunter Withers, John Withers, Lori Withers, Amy Slayton, Jennifer Norrod, Lindsey Norrod, Jean Hayes, Brian Templeton, Ashley Kotessee, and Gail Langen.

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 Southwestern Baptist Church. The Young Marines presented the colors and led the Pledge of Allegiance.

ITEM #1 – PRESENTATIONS/PROCLAMATIONS

a) Student of the Month – Mayor Graham presented the award to Adam (A.J.) Page for the character trait “fairness”.

b) Haiti Relief – Jerry Holman informed those present of a fund-raising effort to receiving donations for supplies for the Haitian people. City Council agreed to allow the City Hall and Public Safety buildings to serve as collection points.

c) Tree Board – Margie Buxbaum presented the Tree City USA Arbor Day Foundation 10 Year Award to the Council.

d) Volunteer Energy Cooperative was recognized on their 75^th Anniversary.

ITEM #2 – CONSENT AGENDA

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

a) Approval of minutes (2/9)

b) 3^rd Reading of Ordinance amending the FY09/10 budget for surveillance equipment

c) 3^rd Reading of Ordinance amending the FY09/10 budget in the amount of $1,835,900 for airport runway paving

d) 3^rd Reading of Ordinance amending the FY09/10 budget in the amount of $41,655 for the State Park sewer project

e) 3^rd Reading of Ordinance amending the FY09/10 budget in the amount of $48,000 for bio-diesel equipment

f) 2^nd Reading of Ordinance amending the FY09/10 budget in the amount of $30,000 for road salt

g) 2^nd Reading of Ordinance amending the FY09/10 budget in the amount of $11,535 for police department rifles

h) Approval of resolution authorizing City Manager to sign submittal documents to the State Revolving Loan Program on the wastewater treatment plant and the water harvesting projects

i) Approval of contract with Upper Cumberland Development District for administrative services and grant of $40,000 for GIS Storm Water Inventory

j) Approval of contract with Stigall Engineering Associates in the amount of $30,000 for engineering and inspection services for the painting of the Plateau Road and Mayland water tanks

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

l) Acceptance of Cottonpatch Drive as a City street

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 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS

Marketing and Public Relations Director Billy Loggins reported on the following:

§ Senior Olympics

§ Senior State Chess Tour

§ BBQ Event

§ Sustainability Fair 2010

§ State Senior Men’s Golf Open

§ Women’s Open

§ Regional Bus Tours

§ Nestle/Purina Dog Challenge

§ Earth Day – March 18

§ Tourism Seminar

ITEM #4 – MATTERS RELATIVE TO 2011 ARTS CAMP

Deferred.

ITEM #5 – MATTERS RELATIVE TO FICOSA OF NORTH AMERICA

Deferred.

ITEM #6 – MATTERS RELATIVE TO WATER HARVESTING PROJECT

Tom Wolf and Scott Christian presented a proposed value change engineering package from W.L. Hailey & Company, Inc., (attached and made a part of the minutes) for the raw water harvesting project that, if accepted, would result in reduced costs of approximately $577,052 and enhance the final product. Acceptance of the package was recommended by ECE Services and the Director of Engineering. The open cut has been approved by TDEC, which accounts for $150,000 of the deduction.

A motion was made by Councilman Duer, seconded by Councilman Dean, that the value change engineering package proposed by W. L. Haley & Company on the water harvesting project be approved for inclusion in a change order to be approved at a later date. 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 LAKE HOLIDAY BRIDGE/DAM IMPROVEMENTS PROJECT

Change Order No. 2 for the Lake Holiday bridge/dam improvements project was presented by Tom Wolf for approval. The change order adjusts contract bid quantities and costs to final construction quantities and costs (-$395,144.11) and incorporates the work contained within Work Change Directive Nos. 1 (+$1,800.00), 2 (+$1,107.00), 3 (+$12,000.00) and 4 (-$2,400.00). Upon approval, the contract sum will be decreased in the amount of $382,637.11. The new contract sum, including this particular change order, will be $2,459,188.29.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that Change Order #2 with Wright Brothers Construction on the Lake Holiday bridge/dam improvement project be approved in the deduct amount of $382,637.11. 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 URBAN GROWTH BOUNDARY

As required by T.C.A. §§ 13-3-101 through 13-3-105, the City of Crossville must be presented any changes to the Planned Growth for Cumberland County for ratification. This proposed plan includes the expansion of Crossville’s Urban Growth Boundary, the County’s Fairfield Glade Planned Growth Area, the County’s Tansi Planned Growth Area, and the County’s new Industrial Planned Growth Area.

This is the official submission of the proposed changes, which were finalized by the County’s Planned Growth Committee on February 16, 2010. The City must take action on the proposed plan within 120 days or the plan will be considered approved and ready for submission to the Local Government Planning Advisory Committee (LGPAC). The Crossville Regional Planning Commission and the Cumberland County Commission have both approved the proposed changes. The cities of Crab Orchard and Pleasant Hill will also have to ratify the changes.

Kevin Dean reviewed the areas to be changed. County Commissioner Mike Harvel requested that the area proposed on Hwy. 127N be reduced so that it ends at Scott’s Creek rather than including North Cumberland Elementary School. County Commissioner Charles Seibers requested some changes in the proposed Peavine Road area that have also been accepted.

A motion was made by Councilman Dean, seconded by Councilman Duer, that the resolution supporting the adjustment of the Crossville Planning Region be adopted. 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 6:29 p.m., the regular meeting was recessed and the Solicitation Board convened.)

SOLICITATION BOARD

Christian Counseling Center of Cumberland County

An application was received from the Christian Counseling Center of Cumberland County. They will be soliciting funds through mailings and the sale of pins and bulbs to raise general operating funds for the center.

A motion was made by Councilman Duer, seconded by Councilman Dean, that a Solicitation Permit be issued to the Christian Counseling Center of Cumberland County. 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.

Veterans of Foreign Wars and Ladies Auxiliary, Post 9686

An application was received from the VFW and Ladies Auxiliary, Post 9686 to raise funds to assist veterans and their families.

A motion was made by Councilman Duer, seconded by Councilman Kerley, that a Solicitation Permit be issued to the Veterans of Foreign Wars and Ladies Auxiliary, Post 9686. 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.

Fairfield Glade Lions’ Club

An application was received from the Fairfield Glade Lions Club to raise funds for their White Cane eye research program. They will be in front of local stores requesting donations.

A motion was made by Councilman Duer, seconded by Councilman Kerley, that a Solicitation Permit be issued to the Fairfield Glade Lions’ Club. 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 6:30 p.m., the Solicitation Board was adjourned at the Beer Board convened.)

BEER BOARD

Crossville Horizon

An application was been received from Talal Musleh Saleh dba Crossville Horizon located at 4234 Hwy. 127N for an off-premises beer permit. Chief Beaty recommended approval.

A motion was made by Councilman Duer, seconded by Councilman Kerley, that an off-premises beer permit be issued to Talal Musleh Saleh dba Crossville Horizon. 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.

Honey’s Market

An application was been received from Christina Lawson dba Honey’s Market located at 822 Sparta Hwy. for an on- and off-premises beer permit. The applicant currently possesses an off-premises beer permit, but seeks to expand operations at this location.

A motion was made by Councilman Duer, seconded by Councilman Wyatt, that an on- and off-premises beer permit be issued to Christina Lawson dba Honey’s Market. 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 6:32 p.m., the Beer Board was adjourned and the regular meeting re-convened.)

ITEM #9 – MATTERS RELATIVE TO FIRE HALL #3

The results of the study on proposed locations for Fire Hall #3 were presented. Locating the station near the intersection of Holiday Drive and Hwy. 70W will provide 85% coverage to structures in the City. It was recommended by the City Manager that approval be given to negotiate the purchase of the Jean Hayes property for $320,000 due to the location and topography of the land. A representative of Upland Design Group presented preliminary site studies for Sites 3A1 (City property on corner of Holiday Dr. and Sparta Hwy.) and 3A2 (Hayes property) and recommended Site 3A2. Signalization would be required for 3A1 and possibly 3A2 at a cost of $150,000-200,000.

Councilman Wyatt suggested that it might not be required to purchase the entire tract as the existing home could probably remain. Councilman Dean suggested looking at the alternate site. Councilman Duer asked for more information on the status of the pond on the property. Councilman Kerley requested a work session to discuss it further. Mayor Graham asked for the City Manager to continue negotiations with the property owner, possibly obtain an appraisal, and get more in-depth information from the Finance Director on financing the project.

ITEM #10 – MATTERS RELATIVE TO SIGN ORDINANCE

Deferred.

ITEM #11 – MATTERS RELATIVE TO WATER/SEWER RATES AND FEES

On May 12, 2009, two resolutions were passed by the City Council on proposed rate adjustments upon the commencement of the water harvesting and wastewater treatment plant improvements projects. Both projects are now underway and a proposed resolution to raise the water and sewer rates by 5%, including the wholesale rates, effective April 1, 2010 was presented for approval.

A motion was made by Councilman Duer, seconded by Councilman Dean, that the resolution revising the water and sewer rates be adopted. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. No: Councilman Jesse Kerley.

ITEM #12 – MATTERS RELATIVE TO TRAFFIC FLOW IMPROVEMENTS

a) 30 Mile per hour speed limit on Braun Street – The City Manager received a request from the Christian Academy of the Cumberlands to extend the 30 mph speed limit on Braun to the intersection of Braun and Iris Avenue.

Braun Street is posted as 20 mph from Main Street to Webb Ave. as it passes First United Methodist Church. The 20 mph zone extends eastward on Braun for a short distance beyond the 4-way stop on Webb and Braun before reverting to 30 mph. Iris is posted as 20 mph street. The Christian Academy is in the process of expanding and expressed concern for traffic passing the Academy at excessive rates of speed, especially with the presence of a large number of children.

It was recommended that the 20 mph zone be extended on Braun St. to Wayne Avenue. Chief Beaty suggested that it could be posted as a school zone, when children are present.

A motion was made by Councilman Kerley, seconded by Councilman Wyatt, that signs be posted on Braun Street reducing the speed to 20 mph when school is in session. 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.

b) Three-way stop in Greenbriar Subdivision

At the request of a resident of the Greenbriar subdivision, the Director of Public Works and City Manager reviewed the “T” intersection of Villageway and Southway in Greenbriar. The request is for the city to make this intersection a 3-way stop. At the point where Southway enters Villageway, there is a very limited sight distance for cars approaching from the west on Villageway. Because there is a long straight-away on Villageway as the road approaches the intersection, cars frequently crest the hill at a high rate of speed. With the limited sight distance at this corner and the high potential for a catastrophic accident, there was concurrence between the Director of Public Works and the City Manager as to the appropriateness of making this intersection a 3-way stop and recommended this to Council.

Councilman Dean stated that he lives in the area and agrees to the need. Chief Beaty and Street Superintendent Joe Miller recommended the stop signs and a rumble strip. Jim Young, a resident in the area, was concerned about cars not seeing the new signs and causing an accident. The warning signs used in the past would be used to warn vehicles of the new signage.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the 30 mph speed zone on Braun Street be extended to Wayne Avenue and that stop signs and a rumble strip be installed at the intersection of Villageway and Southway. 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 # 13 – MATTERS RELATIVE TO GENESIS ROAD PROPERTY

Property owned by Clyde Bowman on Genesis Road has been offered to the City for $330,000 (approximately 2.14 acres). This property is adjacent to the property previously purchased and provides more road frontage for future park facilities. The City Manager recommended purchase.

A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that the approximately 2.14 acres not be purchased from Clyde Bowman on Genesis Road at this time. 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 #14 – CITY ATTORNEY’S REPORT

City Attorney Kenneth Chadwell reported no new lawsuits had been filed during the previous month. There are numerous property owners that have been billed for codes improvements, but have not paid them. He requested authorization to file these properties in court:

Randy Reagan	33 Dunbar Ave.	$ 60.24
Linda Honeycutt	111 McLarty Ln	$140.60
Shelly Tollett	51 Yvonne Ave	$ 97.80
Yu Shiu Whiteaker	Crabtree Rd. (Map 87/Parcel 11.00)	$260.88
Debbie Moffette	1091 E. First St.	$432.56

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that approval be given for the filing of liens for unpaid costs on property clean-up. 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.

Bridge Insurance – Mr. Chadwell opined on potential changes to the offering of bridge insurance to retiring city employees. He pointed out that the Personnel Policy handbook specifically states that “the City reserves the right to revise these policies at any time with or without notice”. He recommended that there be a notice period of 3 months. (Memorandum from the City Manager outlining the alternatives is attached and made a part of these minutes.)

Following discussion of the alternatives and potential future costs, Councilman Kerley suggested waiting until the budget work sessions.

A motion was made by Councilman Duer, seconded by Mayor Graham, that the bridge insurance be made available only for those who would be eligible within the next 10 years and that the change be effective in three months. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. No: Councilman Jesse Kerley.

ITEM #15 – CITY MANAGER’S REPORT

In the absence of the City Manager, the monthly revenue reports were presented for local option sales tax, wholesale beer tax, and wholesale liquor fees. In addition, updated reports were presented on grants/project report, building permits, and special projects.

§ Comptroller’s Audit of Public Works Department – An e-mail was received from the Comptroller’s Office stating that they have elected to terminate their investigative audit of the City of Crossville at this time. Although they noted issues of concern during their investigative audit, further investigation did not seem to be warranted at this time. However, they did mention the following issues which should be addressed, but which do not, singularly, appear to warrant issuance of a formal report.

“1) A system should be implemented whereby the city can track each grinder pump from purchase to sale and installation. It appears that modifications to the existing database used by the public works department would suffice to fulfill this need.

2) The free grinder pump policy should be clarified and codified in the form of an ordinance. As it stands currently, there appears to be no guidance other than a motion made at a city council meeting in the 1990s. Based on our review of the minutes and a tape of the meeting, the policy appears to be open to a number of interpretations. As a result, at least one council member appears to have received a free grinder pump for which he may, or may not, qualify.

3) Finally, we found that a former employee, Les Sherrill, was not only in charge of making sure grinder pump installations passed city inspection, but he also apparently installed grinder pumps as part of a side business. At least one of his subordinates confirmed that, on occasion, he felt pressured to pass Mr. Sherrill’s work on inspection even though the installations would have otherwise failed.”

§ Wastewater Treatment Plant Upgrade – An SRF loan package in the amount of $500,000 for additional costs for the wastewater treatment plant upgrade was offered for acceptance.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the resolution approving the $500,000 loan package for the wastewater treatment plant upgrade be approved. 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.

§ Payroll adjustment - Eric Brady received his Masters Degree in December. In recognition of this accomplishment, a 5% adjustment was requested retroactive to January 1, 2010.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that a 5% adjustment in pay be approved for Eric Brady effective January 1, 2010. 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.

§ IT Department – Due to the continued workload of the IT Department, it was requested that the Assistant IT position be made a permanent full-time 32 hour position with until July 1, 2010 with no change in hours or pay. Deferred for more information.

§ Chamber of Commerce – James Perry requested the City provide removal services of the existing building located behind the building to accommodate the 36 x 50 addition to the current Chamber building.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the City remove the building located behind the Chamber of Commerce building. 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 #16 – MATTERS RELATIVE TO CITY MANAGER SELECTION PROCESS

Mayor Graham described the interview held with Curtis Adams for the position of City Manager at the meeting held earlier in the day. Councilman Dean commented that he was prepared to hold off and open the application process, but that after considering the applicant, he had changed his mind and was in favor of making an offer. Councilman Duer expressed his support of the applicant and the expertise he could bring to the City. Councilman Wyatt expressed his support. Councilman Kerley stated his concern that Mr. Adams would not be available until May 17. Mr. Adams agreed to be available for a few days a week prior to May 17 to work with the current City Manager and department heads at no pay. However, he would like to complete budget work with the Hamilton County Commission.

Mayor Graham suggested a salary of $105,000 with no retirement benefits, but with a car, insurance and other benefits as provided other employees.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that an offer be made to Curtis Adams for the position of City Manager as of May 17, 2010 with the afore-mentioned recommendations and City’s considerations. 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.

Upon the acceptance of the offer, Mayor Graham administered the oath of office and swore Curtis Adams in as the next City Manager.

With no further business, the meeting was adjourned at 7:40 p.m.