The City Council for the City of Crossville met in regular session on Tuesday, May 10, 2011, at Crossville City Hall.

 

Roll Call.  Present: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.  Others present were City Manager Curtis Adams, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby John Bilbrey, Dewey Peterson, Darrell Sherrill, Lori Withers, Alexis Withers, Hunter Withers, James Perry, Jim Young, Billy Martin, Jerry Garrison, Steve Powell, Gladys McNeal, Jim Morrow, Elaine Morrow, Chris Bennett, Frank Shipley, Jennifer Bruce, J. C. Ford, Fred Houston, Steve Hill, Don Alexander, Karlee Threet, Clark Annis, Mike Turner, Chris South, Skip Freitag, Khrista Wyatt, Bill Oglesby, Margie Buxbaum, Billy Loggins, Jesse Kerley, Warren Nevad, and Louise Gorenflo.

 

            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/PROCLAMATIONS

 

a)     Mayor’s Green Award – Cumberland County Farmers Market

b)     Municipal Clerks Week – May 1-7

c)      TREEDC – Warren Nevad of MTAS presented Mayor Graham with a signed cover of the inaugural Tennessee Renewable Energy and Economic Development Council newsletter by U.T. President Emeritus and TREEDC Chairman Dr. Joe Johnson to acknowledge the contributions to renewable energy by the Mayor and the City.  The Mayor is the founding secretary of TREEDC and hosted the first Cumberland Plateau area clean energy forum.  Mr. Nevad also praised the city for leading by example with the implementation of the youth sustainability fair and the production of biodiesel.

 

 

ITEM #2 – APPOINTMENTS

 

a)     Industrial Development Board – The terms of Gary Greene, Jim Young, Larry Ebert, Sr. and Pepe Perron have expired. 

            A motion was made by Mayor J. H. Graham, seconded by Councilman Boyd Wyatt, that Gary Greene, Jim Young, Larry Ebert, Sr., and Pepe Perron be re-appointed to the Industrial Development Board.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

b)     Stormwater Board of Appeals – The term of Earl Dean has expired. 

            A motion was made by Mayor J. H. Graham, seconded by Councilman Danny Wyatt, that Earl Dean be re-appointed to the Stormwater Board of Appeals.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

c)      Floodplain Board of Appeals – The term of Bill Loggins expires in June. 

            A motion was made by Councilman Boyd Wyatt, seconded by Councilman Danny Wyatt, that Bill Loggins be re-appointed to the Floodplain Board of Appeals.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

d)     Tree Board – The terms of Margie Buxbaum and Meredith Mullen expire this month.  Mrs. Buxbaum indicated that she did not wish to be re-appointed.  The Tree Board requested consideration of expanding the Tree Board so that they could appoint Sid Morgan and Bruce Anderson who are both interested in serving.

            A motion was made by Mayor J. H. Graham, seconded by Councilman Danny Wyatt, that Meredith Mullen be re-appointed to the Tree Board; Sid Morgan and Bruce Anderson be appointed to the Tree Board; and an ordinance passed on first reading expanding the Tree Board to 8 members.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

e)     Crossville Housing Authority – The term of Gladys McNeal expires this month.  Mayor Graham re-appointed Mrs. McNeal and administered the oath of office.

 

 

ITEM #3 – CONSENT AGENDA

 

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

a)     Approval of minutes (4/12, 4/19-20)

b)     3rd Reading of Ordinance amending the FY10-11 budget for purchase of building in the amount of $2,000,000

c)      3rd Reading of Ordinance amending the FY10-11 budget for energy upgrades in the amount of $75,400

d)     2nd Reading of Ordinance amending the FY10-11 budget for waterlines on Hwy. 127S in the amount of $90,000

e)     2nd Reading of Ordinance amending the FY10-11 budget for Northwest Connector in the amount of $121,275

f)        1st Reading of Ordinance amending the FY10-11 budget for safety valves for jet fuel tank in the amount of $6,200

g)     1st Reading of Ordinance amending the FY10-11 budget for replacement fire vehicle in the amount of $30,419

h)      1st Reading of Ordinance authorizing payments for contracts with Freitag Construction beyond the current budget year

i)        1st Reading of Ordinance authorizing payments for contracts with Norris Brothers Construction beyond the current budget year

j)        1st Reading of Ordinance authorizing payments for contracts with W & O Construction beyond the current budget year

k)      1st Reading of Ordinance authorizing payments for contracts with Community Development Partners beyond the current budget year

l)        1st Reading of Ordinance authorizing payments for contracts with Upland Design Group beyond the current budget year

m)   1st Reading of Ordinance authorizing payments for contracts with ECE Services beyond the current budget year

n)      1st Reading of Ordinance authorizing payments for contracts with Stigall Engineering Associates beyond the current budget year

o)     1st Reading of Ordinance authorizing payments for contracts with PBS&J (Adkins) beyond the current budget year

p)     1st Reading of Ordinance authorizing payment for contracts with Brayman Construction beyond the current budget year

q)     1st Reading of Ordinance closing an undeveloped right-of-way off Tenth Street (next to Rescue Squad)

r)       1st Reading of Ordinance adopting a budget for FY11-12 (in title only)

s)      1st Reading of Ordinance adopting a tax rate for FY11-12 (in title only)

t)        Resolution approving submittal of application to the Economic Development Administration for infrastructure funds

u)      Resolution affirming compliance with Federal Title VI Regulations

v)      Resolution adopting the 2011 Strategic Economic Development Plan

w)    Loan Resolution, Equal Opportunity Agreement, Assurance Agreement for Rural Development – Meadow Park Dam Cost Overrun $505,000 Loan and $95,000 Grant

x)      Approval of temporary street closing for Memorial Day ceremonies on May 31 at 10:30 a.m.

y)      Approval to host McCallum Sweeney, a professional business site location firm, at a cost of $5,000 – REMOVED FROM AGENDA

z)      Approval of Youth Hunter Education Challenge Course to be taught by Capt. John Bilbrey at Meadow Park Lake

aa) Bids/Purchases

                                      i.      Diesel Vehicle Exhaust System – $77,002 from Clean Air Concepts

                                    ii.      Fire Department Vehicle - $30,419 from Alexander Automotive

                                  iii.      Boring & Jacking on Hwy. 127S waterline projects – $19,200 from Norris Brothers Excavating

                                   iv.      Trenching on Hwy. 127S waterline projects – $6.50/LF from Hopper Excavating

                                     v.      Automated Fuel System – $15,600 from Trak Engineering – REMOVED FROM AGENDA

                                   vi.      Trim Mower – Parks & Recreation - $27,356.65 from Smith’s Turf

                                 vii.      Top Dresser – Parks & Recreation - $9,971.10 from Smith’s Turf

                               viii.      Financial & Audit Compliance – Hazlett, Lewis, & Beiter

                                   ix.      Lighting Materials – Public Works – $8,571.67 from Wholesale Supply Group

                                     x.      Safety Valves for Jet Fuel Tank (post-facto approval) $6,200 from DeLoy Brown Exxon

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

 

 

            Prior to the vote on the consent agenda, the following information was provided on the following items:

(g)       1st Reading of Ordinance amending the FY10-11 budget for replacement fire vehicle in the amount of $30,419 – Chief Turner explained that during a response to Martin Elementary, a vehicle pulled out in front of a fire vehicle.  The replacement vehicle is being purchased under (aa)(ii).

(aa)(viii)  Financial & Audit Compliance – Hazlett, Lewis, & Beiter – Five auditing firms responded to the Request For Proposals.  All proposed fees include any travel expenses for firms from out of town.

 

 

ITEM #4 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS

 

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

  • Upper Cumberland Senior Olympics
  • Arts Round Up
  • Hospice Golf Tournament – May 11
  • Sustainability Fair – May 12
  • Tennessee Senior Chess Tournament Championship – May 13-15
  • UCDD/City of Crossville Golf Tournament – May 21 at Lake Tansi
  • Tennessee Senior Men’s Open – May 23-25; waiting list to play
  • Kohl’s Cup Soccer Tournament – June 4-5
  • MPL Grant/Loan announcement in conjunction with Earth Day
  • At Home Tennessee magazine
  • Kid’s Fishing Derby at Meadow Park Lake on June 12
  • Economic Development – Trip to Nashville for picture with Governor and ECD Commissioner Hagerty for promotional materials

 

(At 6:35 p.m. the regular meeting was recessed and the Solicitation Board convened.)

SOLICITATION BOARD

 

Crossville and Fairfield Lions’ Clubs

            An application was submitted for a Solicitation Permit for the Crossville and Fairfield Lions Clubs’ White Cane Day.  The solicitations will be held June 17-18 and be used for numerous sight conservation projects and assistance to visually impaired persons.

 

            A motion was made by Councilman Boyd Wyatt, seconded by Councilman Earl Dean, that a Solicitation Permit be issued to the Crossville and Fairfield Lions’ Clubs.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

VFW Post 5025

            An application was submitted for a Solicitation Permit for the VFW Post 5025.  The Buddy Poppy Sale will be held May 11 or May 18 and be used for the House of Hope, Veterans Service Office projects, and support needy veterans.

 

            A motion was made by Councilman Earl Dean, seconded by Councilman George Marlow, that a Solicitation Permit be issued to VFW Post 5025.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

(At 6:36 p.m., the Solicitation Board was adjourned and the Beer Board convened.)

 

BEER BOARD

 

Dylan’s

            An application was submitted for an on-premises beer permit by Chassidy Eralie dba Dylan’s located at 178 Woodmere Mall.  Assistant Police Chief Sherrill recommended approval of the permit.

 

            A motion was made by Councilman Boyd Wyatt, seconded by Councilman Danny Wyatt, that an on-premises beer permit be issued to Chassidy Eralie dba Dylan’s.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

Cowgirls

            An application was submitted by William E. LeGraff, Jr. dba Cowgirls located at 1398 Livingston Road for an on-premises beer permit.  This is an additional location for Cowgirls and will be used for special events at the Community Complex.  Assistant Police Chief Sherrill recommended approval of the permit.  The County Building and Grounds has approved the sale of beer on the complex property.

 

            A motion was made by Councilman Danny Wyatt, seconded by Councilman Boyd Wyatt, that an on-premises beer permit be issued to William E. LeGraff, Jr. dba Cowgirls.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

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

 

ITEM #5 – MATTERS RELATIVE TO AIRPORT PROJECTS

 

Avgas and Jet Fuel Tank Change Order #1 – The primary purpose of the change order is due to the classification of the excavation in the original bid.  The contract read that there would be minimal excavation, but it was found to be extensive.  With the other deductions of quantities, the increase in total contract price is $3,843.03 with an increase in contract time of 7 days.  It was the recommendation of the Director of Engineering that the change order be approved.

 

            A motion was made by Councilman Boyd Wyatt, seconded by Mayor J. H. Graham, that change order #1 with Cobb Environmental & Technical Services be approved.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

Jet Fuel Tank Valves and Safety Plumbing – The Engineering Department determined that the existing jet fuel tank system did not meet code in regard to valves and safety plumbing.  DeLoy Brown Petroleum, provider of the tank, priced the components at $6,200.

            The safety plumbing needed to be in place while the City had a certified contractor on-site to connect the new tank with the pump or the City could have significant down time and not be able to supply jet fuel.  As it stands today, the airport should not be without jet fuel for any amount of time.

            The emergency purchase of the safety plumbing was discussed with the City Manager and the City Council was polled by the City Clerk on the emergency purchase.  It was pointed out that this is the first time the tanks have been replaced.

 

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

 

 

ITEM #6 – CITY ATTORNEY’S REPORT

 

            City Attorney Kenneth Chadwell reported that no new lawsuits had been filed in the previous months. 

 

Tansi property owners’ lawsuit – A hearing was set for April 29; however, agreements were reached in advance.  The plaintiffs dropped approximately one-half of the names as parties of the suit and added three names.  They also conceded to produce the documents requested and are in the process of getting the documents to the City and its attorneys.  The motion to be dismissed was put off.

 

Northwest Connector – One tract is still to be negotiated pending receipt of a revision of the appraisal, which has not yet been received.  If the offer is not accepted and negotiated under federal guidelines, it must be filed for condemnation.

 

            A motion was made by Councilman Danny Wyatt, seconded by Mayor J. H. Graham, that upon recommendation by the City Manager, the City Attorney be given all authority to take whatever action is necessary to obtain right-of-ways for the Northwest Connector with regard to whoever that may be.  Vote: Motion passed (summary: Yes = 3, No = 1, Abstain = 1).  Yes: Councilman Earl Dean, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.  No: Councilman Boyd Wyatt, Sr.  Abstain: Councilman George Marlow.

 

ITEM #7 – CITY MANAGER’S REPORT

 

            City Manager Curtis Adams presented the monthly revenue reports for local option sales tax, wholesale beer, and retail liquor inspection fees.  He also reviewed reports on building permits, current grants/projects, and special projects.

 

            Approval was requested for ads being placed in Trade-A-Plane to promote economic development for 18 weeks.  The total cost is $22,383 ads and will conclude in the next budget year.

 

            A motion was made by Councilman Boyd Wyatt, seconded by Mayor J. H. Graham, that approval be granted for the ads in Trade-A-Plane, that a budget amendment be passed on first reading, and that an ordinance be passed on first reading for contracts extending past the fiscal year.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Earl Dean, Councilman George Marlow, Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt.

 

Amphitheater – Mr. Adams reported that approval of a lease to the City is waiting on action of the full County Commission.

 

Airport property purchase – Councilman Danny Wyatt reported that he had received a number of complaints and concerns over the purchase of the property.  He noted that there were two appraisals received.  The first came in at $288,000 and the second at $500,000.  He requested that the appraiser come to the Council to explain the difference in the appraisals.  Mr. Adams responded that, after the first appraisal, he realized that the appraiser missed some recent comparisons.  Mr. Adams will request his presence at the next Council meeting.

 

Visitors Center – The project has been delayed due to the bids coming in over budget.  The County is trying to cut down the size of the building to meet the budgeted amount.

 

Mower bid approved on March 8 – It was reported that the purchase of a tractor and 72” mower deck approved from Mountain Farm International was unable to be finalized.  After the award, it was discovered that a 72” mower deck could not be used and had to be substituted with a 66” deck.  The change provided a savings of $397.

 

 

            With no further business, the meeting was adjourned at 6:58 p.m.