The City Council for the City of Crossville, Tennessee met in regular session on May 11, 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, David Beaty, Fred Sherrill, Tim Chesson, Mary Ann Brown, Hunter Withers, Alexis Withers, Claude Coyne, Jerry Garrison, Jean Hayes, Joe Miller, Troy Shaver, Clark Annis, Chris Bennett, Mike Turner, Sara Senft, Jackie Baker, Thomas E. Hale, Andrew Debruyn, Jim Young, James Perry, Debbie Beaty, Tom Wolf, Marie Miller, Robert Miller, Clark West, Todd Luster, Lucy Luster, Alan Baker, Debra Jenkins, Teresa Payne, Karli Threet, Fred Houston, Tonya Hinch, David Simcox, Don Napier, Billy Loggins, Don Alexander, Jason Moore, Margie Buxbaum, Lee Lawson, and Steve Hill.

Mayor J. H. Graham, III called the meeting to order at 6:00 p.m. The Young Marines presented the colors and led the Pledge of Allegiance. The invocation was given by Tim Chesson of the Faith Worship Center.

ITEM #1 – PRESENTATIONS

a) Crossville Housing Authority appointment – Mayor Graham re-appointed Thomas E. Hale to an additional five-year term.

b) Public Service Recognition Week – May 3-11

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 (4/13, 5/3)

b) Resolution adopting the 2010 Strategic Economic Development Plan

c) Resolution affirming compliance with Federal Title VI regulations

d) 2^nd Reading of Ordinance amending the FY09/10 budget by $5,000 for Tennessee Technology Center for adult education

e) 2^nd Reading of Ordinance amending the FY09/10 budget by $1,977 for United Fund building project

f) 2^nd Reading of Ordinance amending the FY09/10 budget by $2,500 for Southern Star Symphonic Brass expenses

g) 2^nd Reading of Ordinance amending the FY09/10 budget by $330,000 for the purchase of land for Fire Hall #3

h) 2^nd Reading of Ordinance amending the FY09/10 budget by $310,000 for the downtown revitalization project

i) 1^st Reading of Ordinance authorizing payment for contracts with ECE Services beyond the current budget year

j) 1^st Reading of Ordinance authorizing payment for contracts with Stigall Engineering Associates beyond the current budget year

k) 1^st Reading of Ordinance authorizing payment for contracts with PBS&J beyond the current budget year

l) 1^st Reading of Ordinance authorizing payment for contracts with EG&G beyond the current budget year

m) 1^st Reading of Ordinance authorizing payment for contracts with Upland Design Group beyond the current budget year

n) 1^st Reading of Ordinance authorizing payment for contracts with Community Development Partners beyond the current budget year

o) 1^st Reading of Ordinance authorizing payment for contracts with W & O Construction beyond the current budget year

p) 1^st Reading of Ordinance authorizing payment for contracts with W. L. Hailey & Co. beyond the current budget year

q) 1^st Reading of Ordinance authorizing payment for contracts with Southern Constructors beyond the current budget year

r) 1^st Reading of Ordinance authorizing payment for contracts with Plateau Excavation beyond the current budget year

s) 1^st Reading of Ordinance adopting a budget for FY10/11 (in title only)

t) 1^st Reading of Ordinance adopting a tax rate for FY10/11 (in title only)

u) Approval of Change Order #1 with W & O Construction in the amount of $3,563 for wastewater treatment plant improvements

v) Approval of letter requesting the Cumberland County Election Commission to hold an election on November 2, 2010 for the election of a Mayor and two Councilmembers

w) Approval to submit application for 50% grant for the purchase of 10 bulletproof vests through the Department of Justice

x) Approval to submit application for a $10,840 JAG grant through the Department of Justice for the purchase of patrol rifles and computers for the Sheriff’s Department

y) Approval to submit application for 2010 Assistance to Firefighters Grant program in the amount of $99,403 ($5,231-local match) for vehicle exhaust emissions systems and air filtrations systems

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

aa) Approval of bill from ECE Services in the amount of $7,923.50 for surveying required for condemnation lawsuits on the Lantana Road utility relocation project

bb) Bids/Purchases: (Bid tabulations are attached and made a part of these minutes.)

i. Radio Telemetry Unit (Catoosa) from MicroComm in the amount of $7,500

ii. 5 Ruggedized laptop computers (Fire Dept) from Rugged Depot for $18,626.76

iii. Emergency repair of sludge pump at Holiday Hills from Hagler & Associates, LLC in the amount of $7,652

iv. Approval to purchase in-car video system computer server from L3 Mobile Vision in the amount of $8,254.30 instead of previously approved additional storage in the amount of $5,852.50 (sole source provider)

cc) Approval of annual price contracts for FY2009-10 as tabulated with the following recommended vendors: (bid tabulations attached and made a part of these minutes)

i. Paper Products/Plastic Bags – Lebanon Chemical

ii. Water line supplies

1. Yokes (City) – G & C Waterworks

2. Saddles (City) – G & C Waterworks (all except 3” x ¾”, 3” x 1”, 6” x ¾”, 6” x 1”, 6” x 2”); HD Supply (3” x ¾”, 3” x 1”, 6” x ¾”, 6” x 1”, 6” x 2”)

3. Meters (Catoosa) – H D Supply

4. Corp stops, coupling for ¾” service tubing brass, ¾” Drisco Endopure Class 200 water TBG 500’coils, Ford meter yoke 7” rise (Catoosa) (primary-Ferguson)/(alt-G & C Waterworks)

5. Smith Blair ¾” x 3” full circle clamp for service tubing, 18” plastic meter box (Catoosa) – G & C Waterworks

6. Saddles (Catoosa) – primary-G & C Waterworks, alt-Ferguson

7. 2” Ford Setter w/ball valve (Catoosa) - Ferguson

8. 17” x 30” plastic meter box, 15” concrete meter box (Catoosa) – primary G & C Waterworks; alt-Ferguson

9. 1” Ford Meter yokes 10” rise (Catoosa) - Ferguson

10. Master meter register 5/8” (H D Supply)

iii. Grinder Pumps

1. Hydromatic – Water & Waste Equipment

2. Environment One – Field’s Engineering

iv. Laboratory Analysis – Environmental Science Corp (2 year contract)

v. Chemicals

1. Caustic – K.A. Steel Chemical

2. Zinc-Ortho Phosphate – Shannon Chemicals

3. Sodium Bisulfite Solution 3% - Brenntag Mid-South

4. Flurosilicic Acid – Brenntag Mid-South

5. Sodium Bicarbonate – Brenntag Mid-South

6. Granular Salt – Dycho

7. Polymer – Thermo-Dyne

8. Sodium Permanganate – American Development

vi. Video Cameras – Police vehicles – L 3 Mobile Vision

vii. Light Bars – Police vehicles – Trucker’s Lighthouse

viii. Police Uniforms – East Ridge Uniforms

ix. Fire Department Uniforms – Kay Uniforms (2 year contract)

x. Firefighter-Protective Gear – Tennessee Fire Equipment

xi. Roll Out Carts – Rehrig Pacific

xii. Bulk Coarse Salt – North American Salt

xiii. Corrugated Metal Pipe – Tays Septic Tank (10”, 12”, 21”); Superior Drainage (15”, 18”, 24”)

xiv. Crushed Stone – Livingston Limestone

xv. Ready Mix Concrete – Sequatchie Concrete

xvi. Cold Mix – Hudson Materials

xvii. Asphalt Paving – Rogers Group

xviii. Asphalt (pick-up) – Rogers Group (primary); Highways (secondary)

xix. Striping of City streets –England Striping

xx. Street Signs – G & C Supply

xxi. Plastic Pipe

1. HPDE Type – Tay’s Septic Tank

2. Class 200 PVC Pipe – no award

xxii. Tire Installation – Best One Tire (medium truck and industrial-primary; passenger and light truck-secondary); Shadden Tire (passenger and light truck-primary; medium truck and industrial-secondary)

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.

Prior to the vote, Councilman Kerley asked how Fire Hall #3 can be done without raising taxes. The Finance Director was directed by the Mayor to provide information in that regard. The information should be based on assumptions that the level of sales tax and building permit fees from two years ago would return by the time the new employees would come on staff. Mayor Graham pointed out that we have applied for a SAFER grant from FEMA in the amount of $1,245,787 to cover employees, but there is no guarantee of its receipt. Other assumptions would include note payments to amortize the building and equipment and any potential increases or decreases in revenues and expenses for employees. Councilman Wyatt responded that he believed that the ramifications were much greater to not build the additional fire hall than to do it because of the potential to lose our current ISO 4 rating and cause homeowners to experience 30% increases in their insurance premiums. Fire Chief Turner reported that an insurance agent had told him that the hospital’s premium would go up as much as $50,000 a year with a higher rate. Councilman Duer stated that he would never promise to not raise taxes as the future cannot be predicted. Councilman Kerley asked for an insurance person to provide info on the potential impacts as he had been told by his Farm Bureau agent that it wouldn’t change his premium if his house was located in the county.

ITEM #3 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS

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

§ Recap of the 2010 Sustainability Fair – Ben Lomand and WCTE both taped the fair to broadcast at a later date.

§ Upper Cumberland Senior Olympics – most of the events are being held in Crossville with the appreciation luncheon scheduled for July 14 at the State Park

§ Tennessee Senior Chess Tournament – May 14-16 at Fair Park

§ Soccer Facility Grand Opening – May 15 – A Division I tournament will be held this weekend as it was relocated due to the floods in middle Tennessee

§ Tennessee Senior Men’s State Open Golf Tournament – May 20

§ Tennessee Women’s Open – July 20 is Pro-Am

§ Upper Cumberland Tourism Annual Meeting will be held at the end of May

§ Retire to Crossville recruitment letter is being prepared to send to churches in bordering states

§ Travel Guide is being produced by the Crossville Chronicle with the City having two pages

§ Monthly energy saving tips will go in water statements each month

Mayor Graham asked Mr. Loggins to prepare a budget and listing of projects for the past year and this coming year. Don Napier reminded the Council of Squeals and Wheels, a Memphis-sanctioned barbeque contest, to be held in July in conjunction with a cruise-in. They are constantly working with local and regional press to get the word out about events being held in Crossville.

Police Department program – Police Chief David Beaty and Administrative Lt. Fred Sherrill gave a brief presentation about the department, its’ history, programs, and other pertinent information.

(At 6:59 p.m., the regular meeting was recessed and the Beer Board convened.)

BEER BOARD

Martino’s

An application for an on- and off-premises beer permit was submitted by Bertha del Pilav Vargas dba Martino’s located at 162 Woodmere Mall. The Police Chief gave a clear records report on the applicant.

A motion was made by Councilman Duer, seconded by Councilman Dean, that an on- and off-premises beer permit be approved for Bertha del Pilav Vargas dba Martino’s. 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 7:00 p.m., the Beer Board was adjourned and the regular meeting reconvened.)

Mayor Graham announced he would be holding a Town Hall Forum on Tuesday, May 18, at 7:00 p.m. at the Palace Theater. In lieu of a departmental presentation, there will be a question and answer session with the public.

ITEM #4 – MATTERS RELATIVE TO HUMANE SOCIETY

Todd Luster, President of the Humane Society, was present and updated the Council about the operation of the Society, its animal shelter, spay/neuter clinic, and re-sale store. They have an entirely new board and are working to bring it back to solvency, working on their programs, and trying to work in a partnership with the neighbors to get the noise problems under control. The large number of animals is primarily because of animal surrenders and the lack of hours that the County facility is open. Mayor Graham reminded them of the three day rule for keeping animals, which could be a concern with their budget request. They average receiving 2-3 animals a day and currently have around 40 animals. They are running adoption events, have many foster homes, and a network of rescue organizations. The City took 267 animals, live and dead, to the shelter last year. Allen Baker, Treasurer, stated that state law allows animals to be euthanized after 3 days if they have no collar or tags. They must be kept at least 5 days if they do have a collar and tags.

ITEM #5 – MATTERS RELATIVE TO WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT

Clark Annis updated the Council on the improvements underway at the plant. The projects began in February and are being funded by 60% grant money. It is being constructed in two phases, simultaneously, and is 15-20% complete. When completed, it will increase the pumping capacity from 7MGD to 15MGD and will replace some 30-year old equipment. The finished plant will use 40% less energy and is expected to be completed in April 2011. A discussion was held on the pumping stations and when they are replaced. A $460,000 grant has been applied for by the Obed Watershed Association for stream bank restoration at Centennial Park that will help with stormwater and runoff. The finished project should require less maintenance than the current situation.

ITEM #6 – CITY ATTORNEY’S REPORT

City Attorney Kenneth Chadwell reported that no new lawsuits had been filed against the city.

a) Utility Cooperation Agreement – An agreement between the City, South Cumberland Utility District, and the Cumberland County Road Department was presented for the water lines being laid in the Tansi development. (An engineering report on the issues is attached and made a part of these minutes.) The agreement is on the May agenda of the County Commission for approval, sponsored by the County Commissioners representing the area.

A motion was made by Mayor Graham, seconded by Councilman Duer, that the agreement between the City, South Cumberland Utility District, and the Cumberland County Road Department 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) Release and Transfer Agreement with Tansi Utility District and Cumberland County Board of Education – The agreement transfers the sewer line that runs from Shadberry Dr. along Dunbar Road to Brown Elementary to the Tansi Utility District as well as the responsibility to treat the effluent. In the event that the Tansi Utility District cannot treat it, the City would take it back over. Councilman Duer stated his agreement to take care of the effluent, but he would prefer to give the line back to the County. Councilman Wyatt questioned if the City had to take it back over, how we could only treat Brown Elementary sewer without the Tansi amenities. It was reported by staff that the City now maintains the line and bills costs back to the County. Mayor Graham expressed concern about what the trigger would be to determine a status of “failed” and what would happen to other customers on the line.

Duke Coyne informed the Council that the system is now up and treating all the amenities of Tansi. The plant can treat 45,000 gallons/day now and would be able to take care of Brown Elementary sewer. They are making plans for expansion and are high on the list to obtain funding through the State Revolving Loan Fund. Because it is now classified as a public utility, it is more difficult for the State to allow it to fail.

Councilman Wyatt stated his concern with #5 in the proposed agreement. Mr. Chadwell reported that the City has an obligation with the school board; however, if the responsibility is transferred to Tansi, the City can be out of it. Council agreed that they would prefer just a release from the BOE of the City’s obligation to treat their sewer. They agreed that if something happens to the utility district, they could come back to the City for assistance.

ITEM #7 – CITY MANAGER’S REPORT

City Manager Curtis Adams presented the monthly revenue charts for local option sales tax, wholesale beer tax, and retail liquor inspection fees. Updated reports on building permits, grants/projects, and capital projects were also presented for review.

Holiday dam – Mr. Adams questioned if there was a better method for controlling the level of Holiday Lake. Tom Wolf reported that the valves were not part of the original plans, but were added to control the flow of the water. A catwalk was designed to make it safer to operate the valves; however, Safe Dams will not allow a catwalk to be constructed on the weir. The only option is to either no longer open/close the valves or to add electrical or hydraulic operators. Mr. Adams stated that he receives complaints every day from those wanting the water at the higher level and at the lower level. With concerns about the safety of operating the valves, Councilman Wyatt stated that the City would never send anyone to operate the valves if there was water coming over the weir. He also stated that many of those complaining about the higher level are in a flood zone and the City would have no responsibility. Staff was instructed to work with engineers on a new method for operating the valves. The operation of them is under the scrutiny of TOSHA and employees are prohibited from opening the valves until it is safe.

ITEM #8 – MATTERS RELATIVE TO SURPLUS PATROL CARS

At the February 9, 2010 meeting, three patrol cars were declared as surplus property because of the mileage. The agenda summary stated that the Police Department recommended that they be declared surplus and sold through GovDeals.com. However, the previous City Manager received a request from the Assessor of Property for vehicles for his staff and two were given to his office. Chief Beaty stated that each vehicle had a book value of about $1500-1800.

Councilman Wyatt requested that the matter be cleared up in the minutes because Council was not made aware of the change in the disposition of the vehicles. Assessor of Property David Simcox reported on the operations of his department that is saving money by having the vehicles rather than paying the employees for mileage. He pointed out that a lot of their work is in the city.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the transfer of two patrol vehicles to the Cumberland County Assessor’s Office 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 BIDS ON AIRPORT PROJECTS

Bids were received on Thursday, May 6, on beacon tower upgrade and the t-hangar upgrade. (A bid tabulation is attached and made a part of these minutes.) A recommendation was made by Tom Wolf that both bids be rejected and re-bid at a date to be determined later. Staff will expand the marketing area to find more contractors to bid on the two projects.

With no further business, the meeting was adjourned at 8:02 p.m.