The City Council for Crossville, Tennessee met in regular session on Tuesday, July 13, 2010, at 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, Joe Miller, Ted Meadows, Elaine Meadows, Willard Dale, David Beaty, Darrell Sherrill, Dr. Mark Fox, Ricky Myers, George Marlow, Jerry Kerley, Chris Bennett, Dave Griffies, Judy Griffies, Lewis Stover, Judy Stover, Jerry Holman, Tim Begley, Billy Martin, Steve Powell, Jim Young, Andy Vaughn, John Withers, Alexis Withers, Hunter Withers, Lori Withers, Valerie Hale, Rob Harrison, Judy Pearson, Ron Bodary, Marlin Bodary, Donna McDermott, Jerry Garrison, Fred Houston, Darlene Barnwell, Jeff Kerley, Clark Annis, Chris South, Mike Mangione, Dorothy Meharg, Art Meharg, Tonya Hinch, Karlie Threet, John Hall, Billy Loggins, V.S. Wisdom, Mark Rosser, and Deb Mendenhall.

 

            Mayor J. H. Graham, III was present and presiding.  He called the meeting to order at 6:00 p.m.  The invocation was given by Willard Dale of the Southwest Baptist Church.  The Young Marines presented the colors and led the Pledge of Allegiance.

 

 

ITEM #1 – PRESENTATIONS/PROCLAMATIONS

 

Firefighter Appreciation Day – The Muscular Dystrophy Association requested that the firefighters be honored on July 31 for their fundraising to help local families living with neuromuscular diseases through the “Fill the Boot” campaign.  Mike Mangione, representing MDA, was present to assist in honoring the firefighters.

 

 

ITEM #2 – APPROVAL OF MINUTES (6/8, 6/16, 6/23-25)

 

            City Attorney Kenneth Chadwell reported to the Council that questions had been received concerning the vote held at the meeting of July 23-25 concerning employee bonuses.  After research and consultation with Sid Hemsley, Senior Legal Consultant at MTAS, it was determined that the motion on the bonuses was approved.  Crossville’s Charter is one of four cities in Tennessee that does not speak to the required number of votes for passage of a motion.  Therefore, state case law prevails.  With Councilman Dean passing and Councilman Kerley abstaining on the motion, there were only three members voting.  With two affirmative votes and one negative vote, the motion carried.  Another ruling indicates that the abstentions are counted as votes on the prevailing side.  The minutes should be amended to reflect that the motion on bonuses passed. 

 

            A motion was made by Councilman Duer, seconded by Councilman Dean, that the minutes of June 8, 2010; June 16, 2010; and June 23-25, 2010 be approved as corrected to reflect the passage of the motion on bonuses.  Vote: Motion passed (summary: Yes = 4, No = 0, Abstain = 1).

Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.  Abstain: Councilman Jesse Kerley.

 

            Councilman Wyatt raised the question as to whether the Council should look at an amendment to the Charter.  It would take a Private Act by the General Assembly to make any changes.  A work session will be scheduled in August to look at charter changes.

 

            A motion was made by Councilman Duer, seconded by Councilman Dean, that the ordinance amending the FY10/11 budget for employee bonuses be passed on first reading and that the bonuses be paid as soon as possible.  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 – CONSENT AGENDA

 

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

a)     Resolution approving non-profit donations for FY10/11

b)     3rd Reading of Ordinance amending the FY09/10 budget for overage in various departments – PULLED FROM THE AGENDA

c)      1st Reading of Ordinance amending §7-604(1)(a) of the Crossville Municipal Code regarding hours for open burning

d)     1st Reading of Ordinance amending §7-501 of the Crossville Municipal Code regarding posting of permits for fireworks

e)     Approval of temporary street closings for Cumberland County Habitat for Humanity on Friday, September 17, from 8:00 a.m. to 3:00 p.m. (4th Street from Main to Thurman and Thurman St. from 4th to Division)

f)        Approval to revoke the award to East Ridge Uniforms for police uniforms and equipment and award to CMS Uniforms

g)     Approval to submit grant application to the TML Risk Management Pool for $2,000 for safety equipment purchases

h)      Resolution approving submittal of grant application for LPRF funds up to $200,000 for replacement field lighting in Warner Complex @ Centennial Park

i)        Approval of bids:  - PULLED FROM THE AGENDA

                                      i.      Beacon Tower Upgrade

                                    ii.      T-Hangar Roof Upgrade

                                  iii.      Plateau Road Tank & Mayland Tank upgrades (Catoosa)

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) Marketing & Public Relations overage – Councilman Kerley discussed the situation of this department being over $36,000 over budget with $25,000+ paid to Don Napier’s firm.  He further stated that neither the current or previous City Manager nor Mr. Loggins have indicated that they authorized these payments.  He read from the Charter about the duties of the Mayor, which does not authorize the Mayor to assign work to private vendors.  Mayor Graham responded that he had not hired Mr. Napier for any of the work.  Mr. Loggins said it was his understanding that if there was a project that needed writing or design, he was to use Don Napier.  Mayor Graham responded that Mr. Loggins was responsible for watching his budget.  Councilman Kerley further expressed the need for the City and its employees to watch expenditures, especially during this time when funds are tight.  Councilman Kerley alleged that the services of Don Napier should be bid as he didn’t believe they would be classified as professional services.  However, City Attorney Kenneth Chadwell stated that these services would be considered as professional services and would not be required to be bid.  It was also pointed out that purchase orders were often not obtained until after the event.  Councilman Duer and Wyatt did not indicate that they had any concerns about the public relations and marketing.  Councilman Dean indicated that he had not had any problems, but would like to go back and look at it further.

            A motion was made by Councilman Wyatt, seconded by Councilman Duer that the ordinance amending the FY09/10 budget for department overages be adopted on third and final reading  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.

 

i)  Approval of bids:  Councilman Wyatt stated that he was glad to see the airport projects getting underway.  (Bid tabulations are attached and made a part of these minutes.)

              i.      Beacon Tower Upgrade – Preferred Sandblasting and Painting - $18,000

            ii.      T-Hangar Roof Upgrade – Porter Roofing Contractors - $25,280

          iii.      Plateau Road Tank & Mayland Tank upgrades (Catoosa) – Preferred Sandblasting and Painting - $129,200

 

            A motion was made by Councilman Wyatt moved, seconded by Councilman Kerley, that the bids be approved as recommended.  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 regular meeting was recessed and the Beer Board convened.)

 

BEER BOARD

La Tapatia

            An application was received from Alicia Ayala dba La Tapatia located at 200 Woodmere Mall, Suite 10 for an off-premises beer permit.  Police Chief Beaty gave a clear records report on the applicant and recommended approval.

 

            A motion was made by Councilman Duer, seconded by Councilman Wyatt, that an off-premises beer permit be approved for Alicia Ayala dba La Tapatia.  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 reconvened.)

 

 

ITEM #4 - MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS

 

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

 

  • Junior Golf program is underway this summer to help them qualify for school programs
  • Christmas Parade – Names are currently being solicited for the 2010 theme
  • 2010 Sustainability Fair DVD produced and playing on Ben Lomand’s public channels
  • State Team Championship to be held July 26-27 at Lake Tansi
  • Annual City of Crossville Golf Tournament was played recently with over 30 teams after postponement for rain
  • Bio-Diesel Project had good coverage in the newspaper, radio, Cumberland County Schools – He is working on a drop-off location with the recycling center and the program will be featured on WCTE.  Several batches have already been produced.
  • Women's Open Volunteer Luncheon/Tour – They are doing a big promotion to “help us make history” on the final round
  • Arts Council Meeting involving Tennessee Arts Commission and non-profits on grant writing was hosted by the City of Crossville.
  • HOT Annual Event Gaylord/Opryland Nashville opening on November 15 to showcase Crossville as the Golf Capital of Tennessee
  • Wheels 'n Squeals barbeque cook-off – The following additional street closings were requested to accommodate the participants:

§         Close 2nd St. between East and Thurman on Thursday, July 22nd at 4:00 p.m. through Saturday, July 24th at 9:00 p.m.

§         Close Thurman from 4th Street through 2nd St. on Friday, July 23 at 4:00 p.m. through Saturday, July 24th at 9:00 p.m.

§         Close 2nd St. between Thurman and Main on Friday, July 23 at 4:00 p.m. through Saturday, July 24th at 9:00 p.m.

 

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the temporary street closings 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.

  • Marketing piece is being produced for the soccer facility to encourage high school programs and leagues to use the complex.
  • An event will be held at the Palace in August on the marketing plan for the community and long-term goals.

 

            Councilman Wyatt asked about the hotel rates during tournaments, which has been a problem in the past.  Mr. Loggins checked on the rates and they have been fair during City’s events.  There may still may be a problem during the Hwy. 127 sale.

 

            Mayor Graham cautioned Mr. Loggins to stay within budget during coming year.  Finance Director Fred Houston was asked to analyze the overages and determine what had caused them and report back at the next meeting.  Further, he was asked to look at income produced by the department as well as the expenditures.

 

            Vancieneta Wisdom asked why the date for the Christmas parade was changed from the traditional first Saturday in December to the second Saturday.  Mr. Loggins stated that it was a committee decision and avoids a conflict with CCHS’ schedule.

 

 

ITEM #5 – MATTERS RELATIVE TO PERSONNEL BOARD APPOINTMENTS

 

            The terms of the two Council appointees expired on June 30.  James Perry and Vancieneta Wisdom were recommended for appointment.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Duer, that James Perry and Vancieneta Wisdom be appointed to the Personnel Board.  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 #6 – MATTERS RELATIVE TO SEWER TAP ON HOLIDAY DRIVE

 

            Jerry Holman owns the property at the corner of Holiday Drive and Sparta Hwy. where he has relocated a house.  He has requested sewer to the property.  A low pressure sewer line is located on Sparta Highway and can be extended at minimal cost and time.  However, Mr. Holman prefers to connect to a gravity line located on Waterview.  The property owners on the corner of Waterview and Holiday are not willing to sign an easement along their side property line so the only way is to extend the line is along right-of-way.  This cost is estimated at $1,039 for materials and will be more labor intensive.  Mr. Holman has been told that the City will connect the property to the low-pressure line at no additional cost other than the sewer tap and grinder pump.  If Mr. Holman wants to connect to the gravity line, he would have to pay the cost of $1,039 for materials plus the sewer tap charge. 

 

Mr. Holman presented a written complaint.  Tim Begley reported that the policy is that the City will install the line up to 500’ and the owner is to pay the cost for the materials.  The City provides the labor and equipment.  Mr. Holman addressed the Council on the matter.  Mr. Begley recommended treating Mr. Holman the same as everyone else by charging him $1,039 for the materials to connect to the gravity line via road right-of-ways.  Mr. Adams stated that they met with Mr. Holman and thought there was an agreement on all parties.  Council agreed with the recommendation of Tim Begley.

 

Mr. Adams further told Mr. Holman that putting campaign signs on stop signs is a violation and they need to be removed.

ITEM #7 – MATTERS RELATIVE TO HOLIDAY LAKE FLOWAGE EASEMENTS

 

            Neil and Judy Turner signed a flowage easement for their property a few years ago.  This easement was recorded by the City.  The Turners are now trying to sell their property and an interested buyer does not want the easement attached to the property.  The Turners are requesting that the easement be deeded back to them.

 

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the flowage easement be deeded back to them.  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 ACCEPTANCE OF BUCHANNON STREET, SOUTHWEST OF THURMAN AVE.

 

            A request to accept the southwestern section of Buchannon Street was made by William Mayberry, III.  Upon review of the road, it was discovered that the section of Buchannon Street in question was indeed a City street according to the 1975 City Street Map.  For some reason, that section of Buchannon Street was left off the 1996 Street Map.  The only guess that staff could make is based on the location of the name of Buchannon Street on the 1986 City street map.  It appears to be a section of hyphenated lines and not solid.  When the 2005 City Street Map was adopted, staff used the 1996 version as a base, thus leaving that section of Buchannon Street off the Official City Street list.

 

            It was recommended by staff to add the southwestern section of Buchannon Street back to the Official City Street list as a means to correct the error that was made in 1996.

 

            A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the southwestern section of Buchannon Street be accepted as a city street.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

 

 

ITEM #9 – MATTERS RELATIVE TO HABITAT CONSERVATION PLAN

 

            Mayor Graham would like Council to approve an agreement (subject to review by the City Attorney) that provides for reimbursement of City staff for 40 hours/month for 12 months at a rate of $15.00/hour for their work on the plan.

 

            A motion was made by Mayor Graham, seconded by Councilman Kerley, that the agreement with the Nature Conservancy be approved, subject to review by City Attorney.  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 AMPHITHEATRE

 

            The County began construction of the amphitheatre without first obtaining a building permit.  It was discovered that the location is on top of the City’s existing storm drain and a sanitary sewer line.  The County Mayor was made aware of the problem and a building permit application was requested.  City staff have determined that the storm drain is large enough that it could be cleaned out without damage to the structure above, but concerns still exist over the sanitary sewer line.  No application for the permit has been received.  Councilman Kerley suggested waiving the permit fee.  Mayor Graham requested a “hold harmless” agreement and easement be drawn up by the City Attorney for signature by the County.  One section of the storm drainage was recently installed, but the majority of the storm drainage under the stage is about 10 years old and shouldn’t be a problem.  Councilman Duer stated that he thought it was a wonderful project and he didn’t want to put restrictions on it that might kill the project because of the lack of support of the County Commission.  Councilman Dean agreed with Councilman Duer.  Councilman Wyatt agreed that a hold harmless agreement would be helpful, but he was supportive of the project.  Mayor Graham expressed his support for the amphitheatre, but he didn’t want to set a precedence for allowing structures to be built on top of the City’s infrastructure.

 

            A motion was made by Councilman Kerley, seconded by Councilman Duer, that the building permit fee be waived.  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. Chadwell stated that by approving the building permit we have accepted the responsibility if the storm sewer and sanitary sewer fails, including any repairs to the lines.  The County would be responsible for putting their amphitheater back if it is damaged in the progress.

 

            A motion was made by Mayor Graham that the City request a hold harmless agreement and easement from Cumberland County, to be drawn up by the City Attorney for signature by the County for the location of the amphitheater.  The motion died for lack of a second.

 

            Codes Administrator Jeff Kerley stated that to-date no application had been filed for a building permit.  If the County fails to turn in an application, he doesn’t know what to do.  He did not know the location of the sewer line; however, Clark Annis stated that it could be re-located, but it is about 6’ deep and put in the 1960’s.  The other sewer line was installed for the library and is new.  The footers are 12-18” deep. 

 

 

ITEM #11 – CITY ATTORNEY’S REPORT

 

            City Attorney Kenneth Chadwell reported that no new lawsuits had been filed against the City during the previous month.  He stated that the City has received the right to take easements on four parcels on Lantana Road for sewer lines.  One easement is still remaining.

 

 

ITEM #12 – CITY MANAGER’S REPORT

 

            City Manager Curtis Adams presented the monthly revenue reports for local option sales tax, wholesale beer, and retail liquor.  He also presented reports on building permits, grants/projects, and capital improvement projects.  Sales tax appears to be bouncing back.

 

 

ITEM #13 – MATTERS RELATIVE TO NORTHWEST CONNECTOR PROPERTY

 

            With approval of Council, one tract has been purchased for the Northwest Connector.  One house and one mobile home are located on this property.  Both structures will need to be removed prior to construction of the new road.  A report from the Codes Administrator on the condition of the homes revealed they were in fairly good condition.  There is interest in the homes and it is recommended that they be offered for sale and removal.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Duer, that approval be given for the request of bids for sale and removal of the structures on the property obtained for the Northwest Connector.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean.

 

 

ITEM #14 – GRIEVANCES FROM CITIZENS

 

            Judy Pearson, Crossville Arts Council, appeared before the Council with a request to apply for a planning grant through HUD and DOT in conjunction with the National Endowment for the Arts.  She requested the City sponsor an application for an arts center to be located on the handle mill property adjacent to the new library.  Mrs. Pearson and Deb Mendenhall will be responsible for putting the application together.  The planning grants do not require any matching funds.  A consortium must be formed between a municipality, non-profit organizations, transportation interests, and housing organizations with the municipality or the Crossville Housing Authority being the lead organization for submittal of the grant.  There does not appear to be any local match for the planning grant.  Council cautioned that approval of an application for a planning grant should not be considered as a mandate for funding the project.  If a match is required for the planning grant, Mrs. Pearson will come back to the Council prior to filing the application.

 

            A motion was made by Mayor Graham, seconded by Councilman Kerley, that the City apply for a planning grant from HUD for an arts center to be located in and around the new library.  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.

 

 

 

            With no other business, the meeting was adjourned at 7:48 p.m.