The City Council for the City of Crossville met in regular session on Tuesday, April 14, 2009, at Crossville City Hall.

Roll Call.

Present: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Others present were City Manager Ted Meadows, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Chief David Beaty, Andy Vaughn, Troy Shaver, Joe Miller, Willard Dale, Billy Martin, Jeff Smith, Donnie Owens, Tonya Hinch, Alan Pedigo, Vince King, Ken Stephens, James Perry, Jerry Kerley, Scott Christian, Thomas Turner, Clark Annis, Jeff Kerley, Ron Bodary, Dann Dunham, Tom Wolf, Kyle Eldridge, Ernest Achey, Bill Seicks, Margie Buxbaum, Terry White, Jim Young, Scott Nicholson, Fred Houston, Ed Lewis, Dr. Braden, Doug Brady, Art Meharg, Dorothy Meharg, Lynn Carson, Ron Dyer, Nelson Delk, Ruby Delk, Marilyn Bodary, Cheryl Seicks, Jim Braden, Maria Garcia, Billy Loggins, Rhonda Lawson, Marlene Potter, and Vernon Potter.

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

ITEM #1 – PRESENTATIONS

a) Student of the Month – Mayor Graham presented the April “Student of the Month” award to Andrew Allred for the character trait “citizenship”.

b) Bill Seicks – Public Works employee Bill Seicks was honored as he returned from his second tour of duty in Iraq as a member of the Tennessee Air National Guard. He was also presented with his 5-year service pen.

c) Welcome Home Veterans story – A DVD prepared by Spirit Broadband was shown. Mayor Graham recognized Dann Dunham and Ron Dyer. He also introduced Vince King from Spirit Broadband.

(At 6:28 p.m., the regular meeting was recessed and the Solicitation Board convened.)

SOLICITATION BOARD

Veterans of Foreign Wars and Ladies Auxiliary, Post 9686

The VFW and Auxiliary will be raising funds to assist veterans and their families in front of local stores on May 15-16.

A motion was made by Councilman Dean, seconded by Councilman Duer, 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, M.D, 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

River Run Golf Club @ River Oaks

An application was submitted by Mary Lou Wibel dba River Run Golf Club @ River Oaks located at 1701 Tennessee Ave. for an on-premises beer permit. Chief Beaty recommended approval.

A motion was made by Councilman Dean, seconded by Councilman Duer, that an on-premises beer permit be issued to Mary Lou Wibel dba River Run Golf Club @ River Oaks. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

Horizon Plaza

An application was submitted by Rhonda Sue Bolton dba Horizon Plaza 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 Rhonda Sue Bolton dba Horizon Plaza. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

Kaile Club

An application was submitted by Maria Garcia dba Kaile Club located at 102 W. Adams St. for an on-premises beer permit.

This is the former location of R & B’s Café, whose license was revoked on September 8, 2008. Chief Beaty recommended that it not be approved because of the law regarding revoked licenses, not on the basis of the applicant herself. He felt that this law helps with compliance checks now and in the future. City Attorney Kenneth Chadwell reviewed T.C.A. 57-5-108(k) and 8-214(2) of Crossville Municipal Code, which state that no new license shall be issued on the same premises for one year after a license is revoked. The State Code was amended in 2007 to allow the Beer Board, at its discretion, to issue a license if the new applicant is not related to the original revoked permittee. Ms. Garcia was present at the meeting and stated her understanding of all laws and that she was not related to the previous permittee and had never held a beer license. The property owner, Dr. James Braden, was also at the meeting to request consideration. No motion was made for approval of the permit.

(At 6:37 p.m. the Beer Board was adjourned and the regular meeting reconvened.)

ITEM #2 – CONSENT AGENDA

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

a) Approval of minutes (3/10, 3/26)

b) 3rd Reading of Ordinance amending sections §§ 12-101, 12-201, 12-301, 12-401, 12-601, and 12-701 of the Crossville Municipal Code pertaining to building, utility, etc. codes

c) 3^rd Reading of Ordinance amending §§ 7-101 and 7-201 of the Crossville Municipal Code pertaining to fire codes

d) 2^nd Reading of Ordinance amending the FY08-09 budget by $4,500,000 for payoff of the soccer complex loan

e) Acceptance of Fawn Loop and Hunter Drive in East View Subdivision as city streets

f) Declare two Chevy Ton Utility Trucks purchased 1/14/97 and one patrol car purchased 7/99 as surplus property and authorize their sale

g) Approve submittal of application for Edward Byrne Memorial Justice Assistance Grant funds in the amount of $41,329 for the purchase of police equipment (no local match required)

h) Approve resolution authorizing submittal of application for TML Risk Management Pool Driver Safety Matching Grant in an amount not to exceed $5,000 for employee driver safety training program (local match of $5,000)

i) Approve temporary street closings on May 25 at 10:30 for Memorial Day ceremonies

j) Bids: (Bid tabulations attached)

i) Tile Work at Public Safety Building – Genesis Tile & Marble ($13,850)

ii) Grooming Mower – Airport – Plateau Tractor ($19,965.07)

iii) Rear Discharge Finish Mower/Tractor – Airport – Mountain Farm International ($52,962) – REMOVED FROM CONSENT AGENDA

iv) Bleachers (6 sets) for soccer complex – Bliss Products and Services ($14,900)

v) Cemetery Tank re-coat – Utility Service Co. ($296,000 base bid)

vi) North Cumberland Elementary sewer line – Ironwood Construction ($283,348.40)

k) 1^st Reading of Ordinance amending the FY08-09 budget by $260,000 for North Cumberland Elementary sewer

l) Approval of change order #1(final) in the amount of $7,686.62 to Putnam Contracting Services for the Hwy. 127N water pump station (Catoosa)

Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

ITEM #3 – MATTERS RELATIVE TO TENNESSEE MUNICIPAL LEAGUE RISK MANAGEMENT POOL

A new Interlocal Cooperation Agreement for the continued participation in the Tennessee Municipal League Risk Management Pool must be adopted to amend the previous agreement by removing the assessment clause and wording, adding an Ethics Policy, and some housekeeping language regarding Board structure. The City Manager recommended approval.

A motion was made by Councilman Duer, seconded by Councilman Dean, that the resolution to continue participating in the Interlocal Cooperation Agreement for the Tennessee Municipal League Risk Management Pool be adopted. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

ITEM #4 – MATTERS RELATIVE TO ADVERTISING AND PUBLIC RELATIONS

City Marketing Director Billy Loggins gave a report on several marketing projects:

1) Airport 75^th Anniversary ceremony is being planned for June 27

2) Senior Olympics – Regional games for 14 counties will be held here soon. The City is planning to bid on hosting the state games for 2011-2015. The City would have to put up an entry fee of $30,000, which will be considered in the budget hearings.

3) 2009 Womens’ State Open will be held July 15-18 at Stonehenge Golf Course

4) The Energy Sustainability Fair is scheduled for May 8, 2009 at the Martin Elementary Football Field

5) Don Helms Memorial – A golf event and a musical tribute at the Palace will be held on July 17 to honor the late steel guitarist.

6) Tennessee Senior Open Chess Tournament at Fair Park Senior Center to be held May 15-17

ITEM #5 – MATTERS RELATIVE TO GENESIS ROAD PROPERTY

City Manager Ted Meadows discussed a potential property purchase adjacent to Centennial Park. He has been discussing the purchase of 3 parcels (approximately 1 acre each), which are adjacent to the property purchased a few years ago. Mayor Graham pointed out that these properties would be important due to their tie with existing park property, whether or not it is used for an indoor recreational facility, such as a YMCA. He indicated that, in his opinion, the timing is not right for a capital campaign for an indoor recreational center due to the economic times and campaigns underway for the library and other projects. He would recommend that building project be postponed and not considered in the upcoming budget.

The parcel adjacent to the City’s current 50’ right-of-way is offered by Dean Bennett for $145,000 property, subject to an appraisal and core drilling. The property contains a rental property. Council indicated that if the City purchases the property, the renter could continue renting until such time as the property is needed.

A motion was made by Mayor Graham, seconded by Councilman Duer, that the City Manager, representing the City of Crossville, be authorized to purchase the property for $145,000 subject to survey, appraisal, title search, mineral rights, and any other incidental and appropriate terms and conditions and that closure be within 45 days; 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, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

ITEM #6 – MATTERS RELATIVE TO GENESIS ROAD/I-40 SIGNALIZATION

The State has given approval for funding of the traffic signals at the I-40/Genesis Road interchange through a pool of money for safety purposes and is now ready to move forward. A proposal in the amount of $4,500 from Gresham Smith and Partners was presented to expedite the signalization project by working directly with the utilities. This should shave at least 90 days off the project schedule and assist with the City’s desire to have the signalization on the interstate ramps completed prior to the beginning of the next school year. City Manager Meadows recommended approval.

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the proposal in the amount of $4,500 from Gresham Smith and Partners to expedite the signalization project be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

ITEM #7 – MATTERS RELATIVE TO ECE SERVICES ENGINEERING CONTRACTS

Holiday Dam/Spillway project – Approval was requested to increase the Construction Administration budget by $25,000 from $72,616 to $93,416 for the following:

· $11,140 to re-bid the project after TDOT rejected bids for failure to meet DBE requirements

· $5,500 to amend the SWPPP to include the airport as a waste disposal site for excess excavated materials

· $4,160 to address the Notice of Violation from TDEC concerning sediment loss from construction activities into the Obed River

· $4,200 for overtime due to the Contractor working longer hours

It is anticipated at this time that the requested increase ($25,000) in Construction Administration costs will be offset by a decrease ($1,000) in the Construction Project Representative budget and a decrease ($13,000) in the Construction Testing Services budget for a net increase in the Construction Engineering Services Contract of $11,000. A pro-rated portion of this should be reimbursed by TDOT. Requests for budget decreases will be processed at the time of contract close-out and project completion. City Manager Meadows recommended approval.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that approval be given for an amendment to the ECE Services contract for the Holiday Drive dam/bridge project in the amount of $25,000 for construction administration, subject to a credit on the amount that is the responsibility of the City. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

Lantana Road Utility Relocation – Approval was requested on Schedule 1 (utility relocation) to increase ECE Services for design engineering services budget by $63,508.59 from $90,775.30 to $154,283.89 to accommodate the numerous revisions from TDOT. Approval is also requested to amend the agreement to include $38,185.35 for construction administration services and $59,216.64 for resident construction inspection services.

The cost increase for the additional design engineering services ($63,508.59) and the costs for construction administration services ($38,185.35) are a reimbursable from TDOT. The costs for resident construction inspection services ($59,216.64) are non-reimbursable from TDOT and are the responsibility of the City. City Manager Meadows recommended approval. The City Manager and City Engineer were asked to review the possibility of city staff providing the inspection services.

The contract for Schedule 2 (sewer extension) needs to be amended by $35,569.82 for revisions issued by TDOT and for modification in the estimate of construction administration and inspection services. TDOT will be responsible for all of these fees.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that approval be given for an amendment to the ECE Services contract for the Lantana Road utilities relocation project to increase the amount for design engineering services by $63,508.59 and by $38,185.35 for construction administration services on the City of Crossville utilities portion and an increase of $35,569.82 for design engineering, construction administration, and construction inspection services on the Department of transportation sewer extension, which will be reimbursed by the Tennessee Department of Transportation and subject to their approval. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

ITEM #8 – CITY ATTORNEY’S REPORT

City Attorney Kenneth Chadwell reported no new lawsuits have been filed. However, he requested permission to file lawsuits on the following code violations pointing out that the City is looking for abatements on the properties, not fines:

Inn of the Cumberlands – 2023 Sparta Hwy. (bridge across water)

D & J Appliances – 424 Cook Road

Johnny Parsons – 1358 Hwy. 70E

Wint Masters – 19 Willow St.

Ruthie Dodson – 816 E 1^st St

Bobby Bilyeu – 1018 Genesis Road

Kenneth Bryson – 711 Genesis Road

W I N T Property – 236 Wells Road

Thelma Parker – 103 Willow Street

John Webb, Jet Motel – 344 Hwy. 70E

A motion was made by Councilman Duer, seconded by Councilman Dean, that approval be given to file lawsuits on the cases. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. No: Councilman Jesse Kerley.

ITEM #9 – CITY MANAGER’S REPORT

City Manager Meadows presented the monthly revenue reports for local option sales tax and wholesale beer tax. He also presented reports on building permits and current project updates. The Holiday bridge project is scheduled to open April 22, pending weather conditions will allow the contractor to lay the asphalt.

Holiday dam and weir – Four orifices were built in the weir for valves. One has been installed and an additional one has just been received and will be installed as soon as possible. He requested approval to spend $6,300 for 2 additional valves.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that approval be granted for the purchase of two additional valves. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

T-hangar roof repairs and Beacon painting – Contracts were received from the State for the two projects. The roof repairs will be a 50% grant of $11,250 on a $22,500 project. The beacon painting will be a 90% $11,250 grant on a $12,500 project. Approval of the contracts was requested.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the grant contracts for t-hangar roof repairs and beacon painting be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, M.D, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

ITEM #10 – MATTERS RELATIVE TO BIDS ON WATER PLANT MANAGEMENT

Councilman Kerley removed the item from consideration.

ITEM #11 – MATTERS RELATIVE TO BIDS ON WASTEWATER PLANT MANAGEMENT

Councilman Kerley requested that consideration be given for re-bidding the contract with Veolia. The current agreement with PSG (Veolia) was dated November 1, 1999 for five years. It allowed for a maximum of one five-year renewal (ending 10/31/09). In 2004, Amendment One was approved which renewed it for the five years. By this agreement, PSG was also given the option to renew for an additional five year term (ending 10/31/14) with notification to the City six months prior to the expiration (5/31/09) of their desire to renew. Clark Annis pointed out that the average yearly increase has been 2.5%. Veolia is also going to help with the bio-diesel project, which should be included in any new proposal. The upcoming budget includes a 5% increase, but 3% of it is for additional electrical costs due to new pump stations and an increase in electrical costs. City Attorney Chadwell stated that the amendment may not allow for such a re-bid of the contract. Clark was asked to get the amount of the requested increase without the electrical increases and an option to offer the biodiesel assistance. Graham asked to defer the matter.

A motion was made by Councilman Kerley, seconded by Councilman Wyatt, that an RFP for wastewater management be issued with the terms determined by the City Manager. (The motion was rescinded based on the concerns of the City Attorney about the terms of the last contract amendment.)

ITEM #12 – MATTERS RELATIVE TO CANCELING CITY COUNCLMEMBERS INSURANCE BENEFITS

Councilman Kerley asked that the item be pulled from consideration.

With no further business the meeting was adjourned at 8:05 p.m.