The City Council for the City of Crossville, Tennessee met in regular session on Tuesday, April 13, 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, Kayla Sherrill, Jim Young, Ashlee Benten, Joy Orchard, Evan Sanders, Darrell Sherrill, Tonya Hinch, Mike Nuss, Vince King, Tom Wolf, Fred Sherrill, Cody Beaty, Jeff Kerley, Dennis Gregg, Mike Turner, Andy Vaughn, Fred Houston, Dewey Petersen, Chris Bennett, Mary Ann Brown, Bill Brown, Alex Withers, Hunter Withers, Pam Spencer, Rodgers Spencer, Anthony Spencer, Evelyn Gingerich, Sarah M. Sampley, Holly Neal, Frances Carson, Benny Hill, Chris South, Tim Johnson, Bert Cox, Aaron Ghent, Amber Ghent, Linda Chapman, Trevor Chapman, Cindy Turner, Clark West, Steve Hill, James Perry, Melissa Ellis Benjamin, Art Wojta, Judy Wojta, Ashley Kesterson, Gail Langen, Karli Threet, Barb Brown, Ron Dyer, Ted Meadows, Elaine Meadows, Clark Annis, Jerry Garrison, Tim Begley, Jean Hayes, Lee Lawson, Janice Hamby, Steve Lane, Bruce Boyce, Tim Liter, Jerry Kerley, Billy Loggins, Danny R. Wyatt, Amy Slaton, Judy Pearson, Larry Backus, Nancy Backus, Beth Alexander, and Joe Miller.

 

            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 Dewey Peterson of the New Beginnings Church.  The Young Marines presented the colors and led the Pledge of Allegiance.

 

 

ITEM #1 – PRESENTATIONS

 

a)     Student of the Month – Trevor Chapman for “Citizenship”

b)     Eagle Scout Project – Anthony Spencer requested support and approval for his project, which is a memorial to local fallen firefighters.  The memorial will be located in front of the Public Safety building.

            A motion was made by Mayor Graham, seconded by Councilmen Dean and Wyatt, that the Eagle Scout project of Anthony Spencer 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.

c)      Crossville, TN song – Mayor Pro-Tem Dean introduced Melissa Benjamin who wrote a song about her hometown of Crossville.  Mrs. Benjamin performed the song for those in attendance.

            A motion was made by Councilman Dean, seconded by Councilman Wyatt, that the song by Melissa Benjamin be adopted as the official song of the City of Crossville.  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 – CONSENT AGENDA

 

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

a)     Approval of minutes (3/9) – REMOVED FROM CONSENT AGENDA

b)     3rd Reading of Ordinance amending the FY09/10 budget in the amount of $30,000 for road salt

c)      3rd Reading of Ordinance amending the FY09/10 budget in the amount of $11,535 for police department rifles

d)     Approval of banners for CCHS

e)     Approval of temporary street closings:

i)        Welcome Vietnam Veterans parade – June 5

ii)      Blue Ribbon Day – April 22

iii)    Pro-Troop Rally – July 3

iv)    West Adams between Old Mail Road and Miller Avenue from March 24, 2010 through October 31, 2010

f)        Approval of Change Order #1 in the amount of $5,000 and Change Order #2 in the amount of $3,881.25 on the Caryonah dam repair project

g)     Approval of contract with State of Tennessee Department of Transportation in the amount of $1,835,900 for the airport pavement rehabilitation project and deposit of $183,590 for local share

h)      Bids/Purchases

i)        Ammunition – Precision Delta for $20,993 (plus shipping)

ii)      Fireworks – Pyro Shows for $25,000/year (2 year contract)

iii)    Playground Equipment – KidzZone Play Systems for $47,685

iv)    Beverage Service – Cookeville Coca-Cola

v)      Billing outsourcing – Municipal Code Corp. - $0.14/page REMOVED FROM CONSENT AGENDA

vi)    Computer Server – Dell - $10,915.09

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.

 

a)  Approval of minutes (3/9 – Special Call and Regular Meeting).  Councilman Wyatt commented “On the special called meeting of March 9 where we interviewed Mr. Curtis Adams were omitted from the original minutes and they have since been corrected.  I’d like for Mrs. Oglesby to read my comments, if she would, that was on the tape and that she added to these minutes.”

 

            The City Clerk read the following:  “Councilman Wyatt stated that he had known Curtis for the last 4½ to 5 years, but hadn’t talked to him in 9-10 months.  From that, he knew that Curtis will help you out when you need help.  He further emphasized that the City is looking for jobs, needs help, and felt like Mr. Adams could help us with that.”  This represents the correction to the draft of the minutes.

 

A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that the minutes of the special called meeting and the regular meeting held on March 9, 2010 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.

 

h) v)  Billing outsourcing – Finance Director Fred Houston explained that the plan would be to outsource the water/sewer billings and taxes so that they would no longer be prepared in-house.  It will save a day of employees’ time and the cost for new equipment.  The bid of Municipal Code Corp. was recommended because of their stable prices, customer service, and no contract required for the service.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the bid of Municipal Code Corp. for billing outsourcing 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 #3 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS

 

            Billy Loggins updated the Council on the following marketing projects, on-going and recaps:

§         WCTE Programming spotlighted Cumberland County on our bio-diesel project.  The video has aired numerous times during the month.

§         Tourism Commissioner Susan Whitaker brought Scott Sumner, a writer for Golf magazine, to town and arrangements were made to entertain him, which will hopefully generate an article in the magazine.

§         State Travel Guide – Mr. Loggins will be part of the group working on the new guide

§         Caboose project – Members of DCI traveled to Cookeville to get ideas for the project.

§         State Senior Men’s Golf Tournament – A kick-off luncheon was held, which included some legends of golf in attendance.

§         Dr. Carl T. Duer Soccer Complex – The grand opening is scheduled for May 15.

§         Sustainability Fair 2010  - April 29 at the Community Complex

§         July 24th BBQ Event – “Wheels and Squeals” in conjunction with the cruise-in

§         Tennessee Senior Chess Tour will be held in May at Fair Park Senior Center

§         Upper Cumberland Senior Olympics are May 3-15

§         Centennial Park is booked every weekend but one for the upcoming season

§         Town Hall meeting will be held April 20 at Palace Theater on Police Department activities

 

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

 

SOLICITATION BOARD

VFW Post 5025

            An application was received from the VFW Post 5025 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 Post 5025.  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 and the Beer Board convened.)

 

BEER BOARD

Buddy’s Beef & Dogs

            An application was been received from Denise Francine Green dba Buddy’s Beef & Dogs located at 125 Cumberland Plaza for an on-premises beer permit.  Chief Beaty recommended approval.  A clear records check was reported on the applicant.

            A motion was made by Councilman Duer, seconded by Councilman Kerley, that an on-premises beer permit be issued to Denise Francine Green dba Buddy’s Beef & Dogs.  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.

 

Garcia’s Mexican Restaurante

            An application was been received from Gabriel Garcia dba Garcia’s Mexican Restaurante located at 4084 Hwy. 127N for an on- and off-premises beer permit.  A clear records check was reported on the applicant.

            A motion was made by Councilman Duer, seconded by Councilman Kerley, that an on- and off-premises beer permit be issued to Gabriel Garcia dba Garcia’s Mexican Restaurante.  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 #4 – MATTERS RELATIVE TO SPECIAL FUNDING REQUESTS

 

a)     Adult education – A request was made for a one-time commitment of $5,000 to pay GED test fees for students unable to pay the $55 fee.

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that $5,000 be donated to the adult education program to pay test fees and that 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 Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

b)     United Fund building project – Holly Neal – A request was made for assisting in paying the $1,977 fees for the remodeling and addition to their office.

            A motion was made by Mayor Graham, seconded by Councilman Dean, that $1,977 be donated to the United Fund to pay fees for the building project and that 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 Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

c)      Southern Stars Symphonic Brass – Dwight Wages – A request was made for a minimum of $2,500 to defray the estimated cost of $5,500 to represent Crossville at the Great American Brass Band Festival on June 12 in Danville, KY.

            A motion was made by Councilman Dean, seconded by Mayor Graham, that $2,500 be donated to the Southern Star Symphonic Brass to pay travel fees and that 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 Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

d)     Crossville Arts Council – Judy Pearson, President of the Crossville Arts Council, requested $4,335 to cover expenses for a summer arts camp for 40-50 children to be held in 2011.

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that $4,335 be donated to the Crossville Arts Council to cover expenses for the 2011 summer arts camp and included in the FY10/11 budget.  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 #5 – MATTERS RELATIVE TO FICOSA NORTH AMERICA

 

            Bruce Boyce, Director of Operations for Ficosa of North America, presented a request for a $550,000, no interest loan from the UDAG funds to assist in the expansion of their operations in Crossville.  They are planning a $3.9M investment in machinery and equipment, which will translate into 222 new full-time jobs by August 1, 2014, 50 of whom will be management positions.  The company was formerly known as Delbar, which employed over 600 in the past.  The company is headquartered in Barcelona, Spain.  They have two current locations in Crossville, employ around 300, and make automotive products.  This growth is based on contracts they currently have for their products.  Mayor Graham requested collateral on the equipment to be purchased and the vacant property on Wyatt Court.  On behalf of Ficosa, Mr. Boyce agreed to those terms.

 

            A motion was made by Councilman Dean, seconded by Councilman Kerley, that a no interest loan of $550,000 be authorized for Ficosa North America out of the UDAG funds, subject to adequate collateral, and that the City Attorney be authorized to prepare a loan agreement.  Vote: Motion passed (summary: Yes = 4, No = 0, Abstain = 1).  Yes: Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.  Abstain: Councilman Boyd Wyatt, Sr.

 

(Councilman Wyatt abstained for a potential conflict of interest due to a brother that solicits business from Ficosa.)

 

            James Perry from the Tennessee Career Center announced a job fair to be held April 21 at the National Guard Armory for Elixir Industry (30 maintenance and production jobs in the next two weeks) and the Southeastern Regional Correctional Facility expansion (400-450 industrial construction jobs).  Mayor Graham commented that these jobs and the Ficosa jobs will total nearly 700 jobs over the next few months and help the community get back on track.

 

 

ITEM #6 – MATTERS RELATIVE TO STREAM BANK RESTORATION AT CENTENNIAL PARK

 

            Dennis Gregg, Executive Director of the Obed Watershed Community Association (OWCA), presented a power point presentation detailing the preliminary landscape master plan for stream bank restoration and erosion control project at Centennial Park to be completed in conjunction with the Dooley Street sanitary sewer replacement project.  Approval was requested of a resolution stating the City’s cooperation with the Governor of Tennessee and the Secretary of the Interior, as natural resource trustees, in the implementation of the restoration project proposed for Centennial Park. 

 

The project budget is as follows:

  • OWCA Project Administration (Dennis Gregg) ………………    $  71,040
  • Stream Bank Restoration ………………................................       $  25,000
  • Stream Bank Landscaping …………………………………….    $  64,980
  • Bog Garden ……………………………………………………..    $  31,860
  • Rain Gardens ………………………………………...............        $217,800
  • Monitoring for five years………………………………............       $  50,000

                                    Total project cost not to exceed…………  $460,689

 

            The City’s contributions are expected to be “in-kind” support for the restoration project in the form of manpower, materials and equipment, generally as envisioned in the Damage Assessment and Restoration Plan dated 2008 and as depicted in the Centennial Park preliminary landscape master plan for stream bank restoration and erosion control.  The City will not be responsible for contributing any of the budget money for the project.  In-kind contribution of $50,000 per year for three years was requested. 

 

            A motion was made by Councilman Duer, seconded by Councilman Dean, that the resolution to cooperate with the Governor of Tennessee and the Secretary of the Interior, as natural resource trustees, in the implementation of the restoration project proposed for Centennial Park be approved and the Mayor authorized to sign any necessary documents.  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 IMPROVEMENTS ON HWY. 127S

 

a)     Approval of contracts with State of Tennessee for utility adjustments - Two contracts were presented for water and sewer line adjustments.  According to the contracts, the State will pay 34% of the water line adjustments and 18% of the sewer line adjustments.  The percentages are based on the utility lines that are currently located on private easements.  No reimbursements are allowed for lines that are in the current state right-of-way.  The City’s costs are expected to be financed through a low-interest loan from the TML Bond Fund.

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the contracts with the State of Tennessee for Hwy. 127S utility adjustments 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.

b)     Water lines upgrade - Plateau Christian Church will be constructing a new church at 93 Bob Tollett Loop.  The new facility will include the installation of a fire hydrant on the property and a fire suppression system in the proposed building.  There is an existing 2-inch diameter water service line in front of the property that is not capable of providing sufficient flows and pressures to support the proposed fire suppression system.  As a result, the church has requested that the existing water service line be upgraded to a minimum 6-inch diameter water line.  It is anticipated that the proposed church will be ready for occupancy before the end of this year.

      The reconstruction of Hwy. 127S (SR-28) from south of Saw Mill Road to Cleveland Street is proposed to begin later this year.  The existing 2-inch diameter water service line in front of the proposed site is located within the public right-of way on SR-28 and is scheduled to be relocated as part of the SR-28 reconstruction project.  However, based upon the current timeline for the roadway reconstruction project, the relocation of the 2-inch diameter line will not be completed prior to the church needing occupancy.  An alternative is to have the City’s Engineering Department design, prepare, and submit the proposed relocation plans to TDEC for approval and the City’s Public Works Department install the line.  The utility relocation work can be accomplished in sufficient time to meet the church’s proposed schedule for occupancy.  This work would then be deleted from the SR-28 reconstruction project.

            A motion was made by Mayor Graham, seconded by Councilman Wyatt, that approval be given for the City’s Engineering Department to design and prepare plans and the Public Works Department to install the 6” water line to serve Plateau Christian Church.  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)   South Cumberland Utility District has requested that the water line on Hwy 127S be upgraded from the Homestead triangle to give them adequate water availability to create a secondary source.  Homestead Baptist is also in need of adequate water pressure to accommodate the fire suppression equipment for their planned expansion.  It is recommended that the City’s new construction crew upgrade the line from the triangle to the entrance to Cumberland Mountain State Park (approximately 4,000 feet).

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that approval be given for the water line on Hwy. 127S from the triangle to the entrance to Cumberland Mountain State Park be upgraded by city crews.   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 FIXED BASE OPERATOR CONTRACT

 

            The operating agreement with Crossville Aero LLC for fixed based operator services at Crossville Memorial Airport is up for renewal for an additional two (2) year term as contemplated in the original contract. 

 

            Councilman Wyatt made the following statement:  “We have a City airport and it is very important.  It’s an important airport to the city and the county and we must keep it open and provide certain things out there.  We’ve had problems out at the airport keeping a fixed base operator.  I’ll go back to Mr. Keigans and he was running out of fuel all the time, couldn’t manage it, and walked off and left us.  City Manager Miller suggested or recommended that we bring Chris Bennett, Crossville Aero, and Mark Burris on board to help us out and see if they could make a go of it.  We brought Crossville Aero on board to be the FBO and to manage the airport at a tune of $39,000, which is almost the same amount as we were paying the former airport manager so it was almost a break-even at that point.  Somewhere down the line after that, Mr. Burris saw that he couldn’t make a living out there and he wanted to walk out so Mr. Bennett kept the thing going and has up until this day and did a great job.  He’s not only the FBO, he’s the manager.  He attends all the Tennessee Aeronautics meetings and he looks after all parts of the city’s functions out there, as far as being a manager.  Later on, he saw that he was having problems making a living and was ready to give it up and, at that time, I asked our manager, Mr. Meadows, and Fred Houston, to do a study on the airport to see what it would cost if we had to put City help out there and take it over.  Fred, I believe the minutes reflect that you came up with a number of $350,000 a year.  (Fred confirmed this number).  To keep Crossville Aero on board and running, I suggested a $40,000 increase, which was a no-brainer to me against $350,000 for the City.  It’s time to renew their contract and, hopefully, they are doing some better.”

 

            Chris Bennett reported on a survey of the customers on the airport that received positive feedback, with the exception of the availability of t-hangar space.  There are approximately 28 people on the waiting list.  The current project will construct 16 new t-hangars.

 

            Councilman Wyatt continued with this comments “Bottom line over all of this is that the increase in the money to the city has only been about $40,000 and to put City people out there against $350,000 is a no-brainer.  Just recently, Mr. Meadows, our former Manager, issued a memo in regards to this and said it needed to be upgraded.  It did need to be.  He stated in there that he had no problems with Crossville Aero and the work they were doing at the airport.”

 

            Councilman Kerley asked if there was a problem about bidding the contract since it was over $5,000.  City Attorney responded that the original contract that was competitively bid allowed for the renewal.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Duer, that an additional two (2) year term with Crossville Aero LLC for fixed based operation services at Crossville Memorial Airport, at the same fee as the old contract, 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.

 

 

ITEM #9 – MATTERS RELATIVE TO FIRE HALL #3

 

            At Council request, City Manager Ted Meadows contacted Mrs. Hayes regarding the purchase of her property for the proposed Fire Hall #3.  Her price of $320,000 plus closing costs is firm.  The cost for purchase can be included in the grant/loan with Rural Development.  Councilman Kerley asked about the funding for operating the fire hall with 15 new firefighters.  Mayor Graham reported that an application has been submitted for a SAFER grant to provide initial costs for the employees.  He further stated that financing for the equipment and manpower will be an on-going discussion as the project proceeds.

 

            A motion was made by Councilman Wyatt, seconded by Councilmen Dean and Duer, that the City Manager, Mayor, and City Attorney be authorized to proceed with the purchase of the Jean Hayes property for the location of Fire Hall #3 and that 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 Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

 

 

ITEM #10 – MATTERS RELATIVE TO DOWNTOWN REVITALIZATION PROJECT

 

1)           Resolutions were presented to approve the submittal of funding applications to USDA, EDA, and ARC for the downtown project.  Evan Sanders reported that he felt very positive about the applications being approved.  A meeting is being set up by Senator Charlotte Burks with Commissioner Nicely for the TDOT Enhancement Grant.  Frances Carson and Tonya Hinch reported on their plans for fund-raising of $500,000 in cash and/or in-kind donations.  They also discussed property owners who are waiting to develop their properties, if the infrastructure is updated.  Councilman Duer expressed his concern that the investments will not actually be made by the property owners.  Mayor Graham reminded the Council that 85% of the project is for infrastructure.

2)           A proposal from E.G. & G. was presented to proceed with the engineering through a two-step approach.  The first step is estimated to take six months to prepare the required topographic and geotechnical surveys for the project.  This will keep the project on-track for construction, but allow time for the funding commitments.  The cost for the first step is $303,905.  Also presented was an outline of the current status of proposed funding and a detailed spreadsheet of the engineering scope of services, hours, and costs.

 

            A motion was made by Mayor Graham, seconded by Councilman Dean, that (1) the resolutions for submittal of funding applications be adopted; (2) step one funding for topographic and geotechnical surveys be approved; and (3) 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 Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

 

 

ITEM #11 – MATTERS RELATIVE TO HOLIDAY DRIVE ENGINEERING

 

            Approval of a request from ECE Services for budget line transfers for construction administration, construction resident project representative and construction testing services for the Lake Holiday Dam Spillway Improvements project was requested.  ECE’s actual construction costs were:

 

Budget

Actual

Difference

Administration

$  97,616

$  90,535.40

-$  7,080.60

Inspection

$102,608

$114,244.66

 $11,636.66

Testing

$  23,612

$  16,149.90

-$  7,462.10

Totals

$223,836

$220,929.96

-$  2,906.04

 

            ECE requested transfer of the remaining dollars from administration and testing to cover the additional costs incurred for inspection.  These additional costs were the result of the amount of time required to resolve the final paving issue and preparing and providing the required as-built detailed documentation to the TDEC-Safe Dams in advance of their final inspection of the project.  The project is now complete.

 

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that budget line transfers of $7,080.60 from construction administration services and $7,462.10 from construction testing services to construction inspection services 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.

 

 

ITEM #12 – MATTERS RELATIVE TO ANNEXATION REQUESTS

 

a)       Harmony Baptist Church – The church is planning to construct a building at 1731 Cook Road.  They have requested annexation of the property and extension of a sewer line for their new facility.  Annexation of the property will require the annexation of a significant portion of Cook Road.  Contacts with other property owners in the area do not indicate any interest in annexation.  Staff recommended that the property not be annexed, but approval be given for the extension of the sewer line to the property, following established ordinance guidelines, and the church allowed to connect at outside-City rates.  The church is agreeable to this recommendation.  As provided for in the Code, the City will provide the labor and the church the materials.

            A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that approval be given for the extension of the sewer line to the Harmony Baptist Church and connection at outside-City rates.  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)       Cumberland County Board of Education – A letter was received requesting the annexation of North Cumberland Elementary, South Cumberland Elementary, Homestead Elementary, and Stone Elementary.  North Cumberland was excluded from the recent change in the Urban Growth Boundary.  The remaining schools are in the Urban Growth Boundary, but annexation of South Cumberland is not considered feasible by staff.  Annexation of Stone and Homestead can be accomplished.  The matter was deferred for further review.

 

ITEM #13 – CITY ATTORNEY’S REPORT

 

            City Attorney Kenneth Chadwell reported that no new lawsuits had been filed against the City in the previous month.  However, there was a re-filing of a lawsuit by Charter Communications over business taxes.  This is being defended by the insurance carrier.  He also briefed the Council on agreements being proposed with the County Road Department and the South Cumberland Utility District on the water harvesting projects.  This matter will be addressed at a later Council meeting when the details are completed.

 

            Mr. Chadwell made the following statement regarding allegations posed in articles in the Chattanooga Times Free Press:

            “As most of you all know, the City of Crossville and the City Council have recently been under scrutiny by the press, not our local press, but press out of Chattanooga making serious implications with regard to conflict of interest allegations and similar matters and I have taken it upon myself to address some of these tonight.  I think it is important to do that to clear the air.  With all this attention that’s been received, I’m pleased in my capacity as City Attorney to offer opinions on the record based on the information that has been made available to me and I would like these to be made part of the minutes of our meeting tonight.

 

            One series of allegations having to do with conflict of interest sort of circulates around the lease of space in the Crossville Realty building on Miller Ave.  As everyone is aware, last year due to the growth in size and work of our Codes Department and our Engineering Department, it was necessary that they find a new home and they did, in fact, find a new home in the Crossville Realty building located on Miller Avenue.  It has been pointed out in the press that our Honorable Councilman Boyd Wyatt also leases space in the same building from the same landlord.  Now, in looking at our Ethic’s Code which is found in our policy, it’s a public document made available to anyone that wants to read it, Councilman Wyatt’s leasehold interest would, of course, obviously, in the eyes of the law be an ownership interest as that word is used Paragraph 1-702(1)(a) of the Ethics Policy.  However, that ownership interest of Councilman Wyatt is not and was not “the subject of a vote by a municipal board as defined in our Ethics Policy”.  Therefore, there was no personal, and is no personal, interest that Councilman Wyatt has as used by our Ethics Policy with regard to that leasehold interest.  Even though he does not have a personal interest in that building as defined in the Ethics Code, which let me clarify for everyone, if there was a personal interest on the part of anybody on our Council that would have to be disclosed and, in some cases, there would have to be a recusal or an abstention from voting in order for the business to be heard and deliberated.  What I’m saying is that Councilman Wyatt’s leasehold interest is not a “personal interest” as defined in Paragraph 1-702, because it was not the subject of debate and deliberation.  It was not the issue being voted on and, for that reason, he had no cause or reason to disclose his leasehold interest although he did.  It is no surprise to anybody.  There was no hiding the fact that he leases space up there.  Simply put, that is not a conflict of interest.  No disclosure was required.  There is no conflict of interest problem there and there is certainly no violation of our Ethics Code with regard to Councilman Wyatt’s vote in favor of the City leasing space in the Crossville Realty building.  By way of illustration, if Councilman Wyatt was the one that owned the building and was receiving rent from the City for that, that would, of course, be a conflict of interest.  But, that is not what happened.  Those are not the facts.  Therefore, there is no conflict there. 

 

            To further elaborate on that, this was obviously a publicly deliberated process.  A request for proposals went out.  It was advertised in our local newspaper, the Crossville Chronicle, for which the city received six formal proposals.  Two of the six on their face did not meet the requirements.  The other four were evaluated based upon proximity to the current location of City Hall, which is here, and economic factors, such as price per square foot, cost of build-out---things of that nature.  When I spoke with Councilman Wyatt about this, he told me, and I didn’t know this, this is a private fact but he gave me permission to make this public, and that is that he is paying more in his rent for his space per square foot than the City is paying---to the tune of about $4.00 per square foot per annum.  The City budgeted some $50,000 for build-out.  They spent far less than that in the build-out for the Crossville Realty space---some $3,000-$5,000.  They budgeted a couple thousand dollars, more or less, for furnishings that were not necessary.  So, as I say, there are other economic factors in that. 

 

            Again, our conclusion as City Attorney, is that there is no ethics violation whatsoever.”

 

            Councilman Wyatt made the following statement:  “The two bids that came in that did not meet specs---we advertised 3,500 square feet.  Mr. Mullinax and Cumberland County Bank didn’t have that much space so they did not meet the specs.”

 

            Mr. Chadwell continued “I want to address a second little category which has to do with allegations regarding the contribution of funds to Mr. Adams’ political campaign.  It’s not my place as City Attorney to get into politics and that’s not what I’m trying to do here, but it is my place to comment when allegations of conflict of interest are made with regard to the governance of the City.  Again, my conclusions there is that there is no ethics violation.  There is no conflict of interest.  I have never asserted that Councilman Wyatt violated our ethics code, ever, and I do not now believe that he violated our Ethics Code.  It was brought to light, and it was something that I was not aware of but it didn’t really matter one way or the other, that there had been a donation made in the amount of $1,000.00 to Mr. Adams’ campaign in year 2006, I believe is the date.  That fact has no bearing on the Ethics Code nor does it have any bearing as far as some type of violation of the Ethics Code.  There is no ownership interest or personal interest as defined in Paragraph 1-702 of our Policy that would require recusal or that would require any other kind of disclosure or other action.  There was no requirement under our Ethics Policy of the City of Crossville for Councilman Wyatt to announce his campaign contribution prior to his affirmative vote for Mr. Adams inasmuch as there was no personal interest there as defined under Paragraph 1-703.  Again, our conclusion is that there is no conflict of interest problem and no violation of the Crossville Ethics Policy with regard to disclosure or non-disclosure of the campaign contribution as it pertains to the affirmative vote for Mr. Adams as our new City Manager.

 

            Now, I’m going to raise more area here that has been circulating around having to do with the airport.” 

 

            Councilman Wyatt interjected:  “I disclosed in the interview process meeting that I knew Mr. Curtis for four or five years, but I hadn’t talked to him in over nine months and we got that corrected in the minutes earlier tonight.  I just wanted to make that part of the record.”

 

            Mr. Chadwell continued:  “The last area of concern in the press has to do with our FBO agreement.  I think a lot of that was already addressed by this Council earlier tonight when approval was given for the new FBO contract.  At the time that was originally changed, coming out of calendar year 2007, it was hard to find anybody that had interest in the FBO operation there.  They were failing in several respects, by several measures.  There was a publicly published request for proposals.  There was only one outfit that came along with a proposal---that being Crossville Aero, LLC.  The same limited liability company that was renewed tonight and, again, it’s very simple.  I see no conflict of interest as defined by our Ethics Code with regard to anyone’s vote on this Council, either in 2007, 2008, or tonight.  In my opinion, that one is very obvious.  So, again, our conclusion there is that there being no personal interest, no ownership interest as defined in our Ethics Policy, there can be no conflict problem and, therefore, no violation of our Ethics Policy with respect to that.”

 

            Councilman Wyatt stated: “I’d like to make a comment for public record.  I’m happy and proud of my record on City Council and serving the citizens of the City of Crossville for all these years.  Every decision and vote that I’ve made, I felt like was in the best interest of the City of Crossville and these accusations are false and I just wanted to publicly say that.”

 

            Mr. Chadwell continued “Councilman Wyatt is a friend of mine.  I consider him my friend, but people say, ‘Is that going to color your comments in some fashion?’.  I say not at all.  I have enjoyed serving with him and this entire Council for a number of years. I’ve learned a lot from all of you.  But, I believe I can be objective in my review of the facts and the information.  I think you take the facts as they are presented.  You measure those up against the definitions in your Ethics Policy and when you find no personal interest, no ownership interest, nothing that qualifies to begin the ethics review on that, you don’t have a problem.  Part of public office involves the spotlight and the scrutiny and examination of the public and the press, you folks are much more accustomed to that than I am.  But in reviewing our Policy in light of the information that has been provided to us, again, I don’t find a conflict of interest problems there.  I don’t find any violation of the ethics policy and, frankly, I see no reason to probe this any further unless one of you or the City Manager were to direct me to do that.”

 

            Mayor Graham asked “In your review of the Ethics Policy of the City of Crossville, do you find any areas of the Ethics Policy that need to be reviewed by this Council?”

 

            Mr. Chadwell responded “Our Ethics Policy, your honor, was recently updated and adopted in the past year and I find no reason to make further updates at this time.”

 

            Hatch Act – This federal law governs public employees who seek elected office in a partisan election.  This law requires the City to get an advisory opinion from the Office of Special Counsel in Washington, D.C.  This opinion, naming all five employees who are currently running for public office, has been requested.  The opinion has not yet been received, but is under investigation by the attorney assigned to the case.  If a City employee is ineligible to run because of the Hatch Act, the employee must decide prior to the primary whether to take an unpaid leave of absence or withdraw from the race.  If the violation continues and the employee elected, the City can be fined two times the salary of the employee and the employee also will face fines.

 

 

ITEM #14 – CITY MANAGER’S REPORT

 

            City Manager Curtis Adams presented the monthly revenue reports for sales tax, wholesale beer, and retail liquor inspection fees.  He also presented the monthly grants and projects update, building permits report, and projects report. 

 

Payroll adjustments were requested as follows:

§         Tom Turner – A 5% increase was requested for passing the Commercial Building Inspector’s test

§         Heath Blaylock – A 2.5% increase was requested for passing Level I Stormwater Certification

§         Halstead Meadows – Approval was requested for payment of $3,155.58 for accrued vacation.

            The following patrolmen are recommended to be adjusted from a pay grade level of 25 to a 26 based on experience and time of service.

§         Senior Patrolman Jacob Brink – 3.1% ($838.88)

§         Senior Patrolman Jonathon O’Neal – 3.1% ($838.88)

§         Senior Patrolman James White – 4.4% ($1,176.03)

§         Senior Patrolman Donald Hammons – 4.4% ($1,176.03)

 

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the payroll adjustments be approved as outlined.  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.

 

      Mr. Adams thanked the Council, employees, and citizens for their support and stated that he is looking forward to working with the City for a long time.

 

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 position until July 1, 2010, with no change in hours or pay.  The current Assistant, Kyle Sherrill, averages 30 hours per week since he is still enrolled in college.

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that approval be given to make the Assistant IT position a permanent full-time until July 1, 2010 with no change in hours or pay.  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.

 

FAA Memorandum of Agreement on navigational aids

            A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the Memorandum of Agreement with the FAA on leases for navigational aids at the airport 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.

 

Beacon Tower and T-Hangar Roof repairs – Director of Engineering Tom Wolf stated that the bids on both projects should be ready in one to two weeks.

 

Water loss – 34% - Tim Begley reported that they have an on-going program to look for leaks.  The meter replacement stopped during the winter, but will soon start again.  They have found one large meter for SCUD that had a bad reading for about 3 months.  The water modeling software is expected to be operational within the next few weeks.  Mr. Adams reported that he is holding a meeting with staff on water issues.  Councilman Kerley asked that staff look at galvanized pipe in the system that could be causing some of the problems.

 

 

ITEM #15 – MATTERS RELATIVE TO RESOLUTIONS ON WATER/SEWER RATES AND FEES

 

            At the March 9th meeting, Council approved raising water and sewer rates by 5%.  Upon submittal of the new rate resolution to the State Revolving Loan office, it was requested that the resolution reflect the previous agreement to raise the rates an additional 5% per year to effect a total increase of 20%.  A resolution was presented reflecting that additional intention.  No other changes were made to the resolution.

 

            A motion was made by Councilman Duer, seconded by Councilman Wyatt, that the revised water/sewer rate resolution 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 #16 – MATTERS RELATIVE TO CEMETERY

 

a)     Agreement on use of spaces – Mr. William M. Anderson owns 12 spaces in the North Drive section in City Cemetery.  Of the 12, he and his family will not be using 8 of the spaces.  Mr. Anderson proposes, through the attached agreement, that these remaining spaces be used for the burial of children.  As outlined in the agreement, the City Clerk will serve as the trustee for the spaces.  The spaces will be available at no charge for families identified by the funeral homes as being unable to pay the costs for burial.  The funeral homes will provide a no-cost or low-cost funeral, the City will not charge for opening and closing costs, and Mr. Anderson will provide a monument for every two spaces.  Each space will accommodate the burial of two children.  The family will be required to pay the costs (currently estimated at $150), in advance, to cover the cost of adding the name and dates to the monument.

            A motion was made by Councilman Dean, seconded by Mayor Graham, that the agreement with Mr. William M. Anderson on the use of cemetery spaces 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.

b)     Prices and fees – The charge for opening and closing of graves have not been increased since 1999.  The costs for labor have been reviewed and it is recommended that they be raised $100 for regular and hollow section graves.  It is also recommended that the fee be raised by $50 for child-sized graves.  In addition, several requests for dis-internment have been received in the past few years.  A charge of $1200 is recommended for dis-internment as it involves the disturbance of half of the grave space on either side.

            A motion was made by Councilman Duer, seconded by Councilman Dean, that the revised price schedule for City Cemetery 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.

 

 

ITEM #17 – MATTERS RELATIVE TO GENESIS ROAD HOUSE

 

            With the purchase last year of property on Genesis Road adjacent to Centennial Park, a house was included.  The renter has since moved out and left the house vacant.  It was recommended that bids be received on the removal of the house and clean-up of the lot.  The matter was deferred for more information on the current condition of the house.

 

 

            With no further business, the meeting was adjourned at 8:46 p.m.