The City
Council for the City of
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, George Marlow, Tanya Shurmur, Bob Shurmur, Ed Seeley, Jerry Garrison, Troy Shaver, Ted Meadows, Elaine Meadows, Bill Ray, Jeff Kerley, Andy Vaughn, Lewis Stover, Judy Stover, Chris South, Steve Hill, Marlene Potter, Renee Smith, Andrew Smith, Chris Smith, Reni Riden, Les Sherrill, Alexander Barrett, Mitzi Evitt, Bill Startup, Paige Matthews, Meagan Matthews, Jon Matthews, Brooke Wyatt, Tim Chesson, Clark Annis, Joe Miller, V.S. Wisdom, Valerie Delk, John Sohmer, Theda Holbrook, Jon Gayhart, Jim Young, Mary Shipley, Frank Shipley, Christy Mathis, Terry Ashburn, Darlene Barnwell, Fred Houston, Hunter Withers, Alexis Withers, Lori Withers, John Withers, Beth Alexander, Glenn Craig, Sonya Rimmer, John Owings, Tom Baldwin, Don Napier, Barbara Ware, Maria Tanner, Nan Evans Beesley, Clarence Coffey, Lee Lawson, Valerie Hale, Kelli Harrelson, Tim Johnson, Pepe Perron, Chris Bennett, Steve Lane, Jim Purcell, Dewey Peterson, Danny R. Wyatt, Karli Threet, Gary Stoner, Anita Turner, Lacey Turner, Savannah Turner, Samantha Shensky, Joseph A. Reali, Margie Buxbaum, Jerry Kerley, Tonya Hinch, Billy Loggins, Mike Turner, Brian Matthews, Thomas Smith, Brian Wyatt, Jeremy Mangas, Mark Rosser, and David Beaty.
Mayor J. H.
Graham, III was present and presiding.
He called the meeting to order at
ITEM #1 – PRESENTATIONS/PROCLAMATIONS
a)
Student
of the Month – Pedro Marquez was honored for the character trait “cooperation”
b)
Life
Saving Awards – Fire Department – Fire Chief Mike Turner, Captain Rick Myers,
Firefighter EMT-IV Brian Matthews, Firefighter EMT-IV Thomas Smith, Firefighter
Brian Wyatt, and Volunteer Firefighter Jeremy Mangas were recognized for their
life saving actions on July 19 to a motorist unconscious behind the wheel of
his truck. The motorist’s vehicle was
stopped by the Fire Chief and he immediately received medical care and was transported
to
c)
Mayor’s
Green Award – Christy Mathis, representing Wal-Mart, received the award for
reduction of wastes and promotion of sustainability among its suppliers and associates.
d)
Outstanding
Use of Trees Award – Barbara Ware, representing the Tree Board, presented the
award to Taco Bell and Cumberland County Bank.
e)
Water
Environment Association Industrial Pretreatment Award – Flowers Snack of
Tennessee, Inc.
f)
Senior
Olympics Softball – The 65+ team and the 70+ team were recognized for their
silver medal and gold medal, respectively, in Tennessee Senior Olympics
softball. The 70+ team will represent
A motion was made by Councilman Wyatt, seconded by Mayor Graham, that a sponsorship fee of $5,000 be approved for the Senior Softball team and, if necessary, 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.
(At
SOLICITATION BOARD
An application was submitted by the
Fairfield Glade Lion’s Club for a Solicitation Permit for their annual cheese
sale.
A motion was made by Councilman Dean, seconded by Councilman Duer, that a Solicitation Permit be approved for the Fairfield Glade Lion’s Club. 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
BEER BOARD
5 Point Market
An
application was submitted by Paresh B. Patel for an off-premises beer permit
for 5 Point Market located at
A motion was made by Councilman Duer, seconded by Councilman Kerley, that an off-premises beer permit be approved for Paresh B. Patel dba 5 Point Market. 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.
Dollar General Store
#9716
An application was submitted by Dolgencorp, LLC for an off-premises beer permit for Dollar General Store #9716 located at 146 Woodmere Mall. Mark Rosser gave a clear records report and recommended approval.
A motion was made by Councilman Duer, seconded by Councilman Kerley, that an off-premises beer permit be approved for Dolgencorp, LLC dba Dollar General Store #9716. 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.
Dollar General Store
#573
An application was submitted by Dolgencorp, LLC for an
off-premises beer permit for Dollar General Store #573 located at
A motion was made by Councilman Duer, seconded by Councilman Kerley, that an off-premises beer permit be approved for Dolgencorp, LLC dba Dollar General Store #573. 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
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 presented:
a)
Approval
of minutes (8/10)
b)
Approval
of Bass, Berry, and Sims as bond counsel for the Cumberland Cove waterline
bonds, Fire Hall #3, and Fire Equipment in the amount of $19,500
c)
Approval
of Bass,
d)
Approval
of initial resolution authorizing the issuance of a not to exceed $1,700,000
water and sewer revenue and tax bond for the Hwy. 70N waterline project
e)
Approval
of resolution authorizing the issuance of a not to exceed $1,700,000 water and
sewer revenue and tax bond, Series 2010A of the City of Crossville, Tennessee;
providing for the collection and disposition of the revenues from the water and
sewer system of the municipality; making provision for the issuance, sale and
payment of said bond; establishing the terms thereof and the disposition of
proceeds therefrom, and the levy of a tax under certain conditions for the
payment of principal and interest on the bond; and providing details relating
to the issuance of bond anticipation notes
f)
Approval
of contract with Community Development Partners for administration of the Hwy.
70N water line project through Rural Development in the amount of $38,000
g)
Approval
of office rental agreement with Leo Garrison, Jerry Garrison, and Thresea
Garrison in the amount of $1,000 per month (Catoosa office building)
h)
Approval
of agreement with CipherTek in the amount of $7,440 for website design and
hosting
i)
Approval
to submit a SAFER grant application for 100% of the salary cost, including
benefits, for 15 new firefighters for two years
j)
Approval
of parade permit for Special Olympics on September 19
k)
Approval
of parade permit for CCHS homecoming parade on September 23
l)
Approval
of temporary street closings for September 25 cruise-in and Movies on the
Courthouse lawn event
m)
Post-facto
approval of temporary street closings for Depot Days 5K run/walk held on
September 11 from
n)
Approval
of temporary street closings for Rotary 5K run/walk on October 16
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 – APPROVAL OF BIDS/PURCHASES
(Bid tabulations attached and made a part of these minutes.)
a)
Sig
Sauer 40 caliber pistols - The Police Dept. recommended the purchase of 50
weapons from the low bidder, GT Distributors, for $30,935, including trade-in.
b)
Bushmaster
rifles – The Police Dept. recommended the purchase of 20 rifles from the low
bidder, GT Distributors, for $14,075.80.
This purchase is partially funded by a grant from the U. S. Dept. of
Justice.
c)
Gardens
pump station – The sole bid of Wascon was $2,294 less than the budgeted
amount. This project will replace pumps
and rail system for the Gardens pump station, which is over 20 years old and in
need of upgrade.
d)
Removal
of structures – A residential home and mobile home will need to be removed for
the Northwest Connector. It was
recommended that the offer of Brad Shaffer for $3,000 be accepted on the mobile
home. It was recommended that city crews
demolish the residential home.
e)
Holiday
Dam weir valve controls – Bids were received from two firms. The low bid of Sain Construction Company in
the amount of $137,389 was recommended by the consulting engineers, ECE
Services and the City Manager.
f)
Computers
– Total price of 14 computers and necessary monitors from Dell is
$13,362.52. The license for MS Office
are from CDW-G at $348.04 each, for a total of $3,132.36. The total cost for computers, monitors, and
licenses will be $16,494.88.
A motion was made by Councilman
Wyatt, seconded by Councilman Duer, that the purchases “a, b, c, d, f” 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.
A motion was made by Councilman
Wyatt, seconded by Councilman Duer, that the bid of Sain Construction Company
on the Holiday Dam weir valve controls be approved and a budget amendment for
the weir valves be passed on first reading.
Vote: Motion passed (summary: Yes = 3, No = 2, Abstain =
0). Yes:
Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham,
III. No: Councilman Jesse Kerley, Mayor Pro-Tem Earl Dean.
ITEM #4 – MATTERS RELATIVE TO HABITAT FOR HUMANITY DEVELOPMENT PROJECT AND GREENWAY
As discussed at the August meeting, Habitat for Humanity is planning a development project along a portion of a proposed greenway. They have offered 11.8 acres for the greenway in exchange for 58 pre-paid water taps, 58 pre-paid sewer taps, one mainline water tap, and one main line sewer tap. The taps will be used over a multi-year period, with an average of 5-8 homes per year.
Authorization was also requested to contract
with Wiser Group for preliminary engineering reports, at no charge, and
submission of a grant application to the Tennessee Department of Transportation
for construction of a greenway. The
acceptance of this property will be used toward the local match requirements.
A
motion was made by Councilman Wyatt, seconded by Mayor Graham, that the offer of Cumberland County Habitat for
Humanity for 11.8 acres in exchange for pre-paid water and sewer taps 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.
A
motion was made by Mayor Graham, seconded by Councilman Wyatt, that
1) a contract with Wiser Group for preliminary
engineering reports for the greenway project be approved; and
2) submittal of a grant application for a
greenway to the TN Dept. of Transportation 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 #5 – MATTERS
RELATIVE TO MEADOW PARK
Mayor Graham and Tim Begley provided the latest timetable on the repair portion of the project:
The project
consists of anchoring the dam into the bedrock; pumping grout into existing cracks;
and refinishing the faces of the dam as required by Safe Dams. The City is one year into an extension of the
notice to do the work by Safe Dams.
During construction the Holiday Hills plant will be used to the maximum extent
with the remaining water coming from
ITEM #6 – MATTERS RELATIVE TO WATER/SEWER RATES AND FEES
The City Manager stated he was
notified by Dennis Dycus, Director of the Division of Municipal Audit in the
Comptroller’s Office, that the provision in the City’s water and sewer rates
and fees resolution providing a 20% reduction for senior citizens is not
allowed by law. The provision was originally
implemented in 1995. Currently, only
100-150 customers receive the reduction.
A new resolution was presented with the provision removed.
A motion was made by Councilman Duer, seconded by Councilman Dean, that the revised resolution for water/sewer rates and fees be adopted. 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 SUSTAINABILITY REPORT
Mayor Graham reported on the sustainability
project which began in 2008 with a community group and public meetings through
the assistance of the
ITEM #8 – MATTERS
RELATIVE TO
Upon the purchase of the lots at
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that no votes be cast. 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 ANIMAL CONTROL SERVICES
During the past month, the City
animal control officer delivered animals to the Cumberland County Humane
Shelter (CCHS) and was refused because they were full and could not accept any
more, even though the City had given them the first quarter payment of $6,250
to provide the service. It was at that
time that the City was informed that the CCHS had changed to a “no-kill”
shelter, rather than euthanizing animals as allowed by state law. In order to be able to continue animal
control services, contact was made with the Cumberland County Shelter for
services. A proposed inter-local
agreement was presented for review that calls for the City to pay $100 per
animal delivered to the County facility.
The City Manager reported on a meeting held between the City and County
contemplating a merger of the departments with the costs being split 50/50
between the local governments. This
venture was presented, and approved, by the County Commission Building &
Grounds committee. The cost was
estimated to be $38,155 per year.
The matter was deferred for further
review to the October meeting.
ITEM #10 – MATTERS
RELATIVE TO VANDALISM AT
Following the installation of surveillance
cameras at the Park, it was reported that during the morning of August 5th,
vandals caused over $1,000 in damages to areas of
ITEM #11 – CITY ATTORNEY’S REPORT
City Attorney Kenneth Chadwell reported that no new lawsuits were filed during the past month. All work has been completed on the bond issues.
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 is continuing to improve.
Mobile Home variance – A request was received from Ms. Theda
Holbrook for a variance to the Mobile Home Ordinance due to her mobile home
being in excess of 10 years. She has
purchased property on
A
motion was made by Councilman Wyatt, seconded by Mayor Graham, that the mobile
home variance for Ms. Theda Holbrook to locate her mobile home at
Airport Fuel Farm Relocation – Bids were received on the
relocation of the AvGas tanks at
Estes Equipment Company $208,363
Cobb Environmental & Technical Services $188,303
Freitag Construction Company $198,500
A 50% grant of $85,820 has been received from the Aeronautics Division of TDOT for a total project of $161,640. A request was made for an additional grant of $44,000 to bring the project to $249,640, which would cover the costs for engineering and installation. This request was approved and a grant contract presented for approval. Approval was requested to accept the grant amendment.
In reviewing the bids, the consulting engineer checked references on the low bid and found several issues of concern. These concerns were forwarded to the City Attorney (letter and inspection reports attached and made a part of these minutes). Mr. Chadwell reported that the low bidder had 5 projects that were reviewed. Three of the projects were completed without concerns. However, two came back very poor. They had not been closed out, an inspection had a myriad of deficiencies, including matters of safety and usability of the installed equipment. Mr. Chadwell informed the Council that they did not have to choose the low bidder, but could choose the lowest and best or most responsible bid. Council has discretionary powers in regards to references, prior work completion, inspection reports, and referrals. They have the right to weigh the difference in the monetary bids and the references and report from the consulting engineers. He further stated that, if they chose the second lowest bid, he would consider that it would be on a good faith basis and that it would be a defensible position.
A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that amendment number one to the grant contract on the fuel farm relocation be accepted, the additional local deposit of $21,903 be approved, and the bid awarded to Freitag Construction, subject to the approval of TDOT-Aeronautics Division. 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.
Airport T-Hangar Grant Amendment – A request was made to the
Aeronautics Division of TDOT for the additional $938,624 Vision funds allocated
to
A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the amendment to the airport t-hangar grant be approved and the additional local deposit of $104,292 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.
Airport ASOS Grant Amendment - A request was made to the Aeronautics Division of TDOT for $87,612 in
additional funds to cover all the costs for the relocation of the ASOS. This request was approved. The local share is 25% ($21,903) and is
required to be deposited with the State.
The amendment brings the total grant funding to $121,921 with local
funds of $40,640. The project is now
complete. A deduct change order was also
presented in the amount of $1,675.
A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the amendment to the grant contract on the airport ASOS be approved, the additional local deposit of $21,903 be approved, and deduct change order #1 in the amount of $1,675 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.
Caryonah Dam – The project is now complete. A final change order in the amount of $6,759.84 to adjust final quantities was presented for approval. The total project cost was $492,150.09.
A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the final change order in the amount of $6,759.84 on the Caryonah dam project 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.
City Manager
Mr. Adams reported that the funds for work performed by Don Napier come out of the marketing budget. Mr. Napier reported on a number of projects that have been completed at no cost to the City. They have created a news network of surrounding cities and counties through which they send news releases. This is resulting in a high percentage of the stories being used by the news media in the network. A media guide was prepared for the Women’s Open with all the costs being paid by advertisers.
Pepe Perron
was invited to speak to the Council on tourism.
The Convention and Visitors Bureau was established to market
tourism. They have had many projects
with tourism now a $92,000,000+ industry in the County. The County received several grants for the
construction of the Big South Fork Visitor’s Center to be located at the
Mr. Perron
pointed out that we are in direct competition with the
A motion was made by Councilman Kerley moved, seconded by Councilman Dean, that the City give the local match of $120,000 to the Council when a contract is issued for project and that a budget amendment be passed on first reading.
Councilman Wyatt requested that the
Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = 0). Yes: Councilman Carl Duer, Councilman Jesse Kerley, Mayor Pro-Tem Earl Dean. No: Councilman Boyd Wyatt, Sr., Mayor J. H. Graham, III.
Councilman Wyatt expressed concern about water leaks. He asked for verification that the City is connected to the Crab Orchard Utility District, but that it is only as a back-up and that the connection is controlled by the City.
Councilman Wyatt brought up some issues raised in memos from Councilman Kerley. One of the issues was related to expenses of Don Napier for public relations. Mr. Adams responded that Mr. Loggins contracts with Don Napier to provide writing and layouts and that the costs are covered under that budget. The other issue involves the leased space at Crossville Realty and the possibility of terminating the contract and moving the 9 employees back to City Hall or Public Works. Councilman Wyatt made a statement to Councilman Kerley that he shouldn’t be trying to run his election out of a City Council meeting (this sentence was added by amendment at the October 12, 2010 meeting).
ITEM #13 – GRIEVANCES FROM CITIZENS
Vancieneta
Wisdom commented that the removal of the senior citizen discount will be in
addition to the already scheduled water/sewer rate increases. She also reflected on the history of
Mike Turner thanked City Council, on behalf of the firefighters, for all the support for their department with the addition of the defibrillators and support of EMT training for the fire fighters. Councilman Duer pointed out the contributions made in time, leadership, and experience by Dr. Mark Fox in the First Responder Program.
With no
further business, the meeting was adjourned at