The City Council for the City of Crossville, Tennessee met in special session on Friday, September 30, 2011, at Crossville City Hall.

Roll Call.

Present: Mayor J. H. Graham, III, Mayor Pro-Tem Danny R. Wyatt, Councilman Earl Dean, Councilman George Marlow, Councilman Boyd Wyatt, Sr. Others present were Interim City Manager Mike Turner, Attorney Joe Looney, City Clerk Sally Oglesby, Tim Begley, Darrell Sherrill, Tony Perry, Rolf Weeks, Jerry Garrison, Fred Houston, Pauline Sherrer, Lou Morrison, Dr. Kendall Morrison, Jim Young, Karli Threet, Jeffrey Skidmore, Donna Skidmore, Rob Safdie, Mark Neal, and Steve Elmore.

Mayor J. H. Graham, III was present and presiding. He called the meeting to order at 1:00 p.m.

ITEM #1 – CONSENT AGENDA

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

a) Post facto approval of Special Olympics parade on October 2

b) 3^rd Reading of ordinance amending the FY11-12 budget for amphitheater in the amount of $31,000

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 #2 – MATTERS RELATIVE TO WATER HARVESTING PROJECT

Tim Begley explained that the contractor (W. H. Hailey) on the project cannot subcontract with the County Road Department for the tar and chip of the roads in Tansi because the County Road Department does not meet the Federal wage rates required by the funding agency.

The Director of Engineering recommended the following:

• W. L. Hailey pave Cherokee Trail with hot mix asphalt at an estimated price of $29,438. This will be a savings of $157,522 from the W. L. Hailey contract.
• The City pay the County Road Department $70,000 to install tar and chip on the remainder roads and pay for base stone needed on all roads in the project area at a price not to exceed $24,528 (3,066 tons @ $8/ton). This is a potential savings of $6,132 from the W. L. Hailey contract. This money would come from the reserves in the water fund.
• If required by the County Road Commissioner, a portion of the payment to be paid to the County will be paid directly to their liquid asphalt vendor. This will only occur if the roads can be tarred and chipped this fall and the County budget amendment process poses a time constraint.

By paying the County Road Department, a not-to-exceed total of $94,528 and not paying W.L. Hailey the $157,522 for hot mix asphalt and $30,660 for base stone, the City will have an estimated savings of $93,654.

This proposal was contemplated in an original agreement between the City, South Cumberland Utility District, and Cumberland County. However, some modifications will need to be made to the existing agreement. This proposal has been developed, and approved, through meetings with the County Road Superintendent Scott Blaylock and South Cumberland Utility District.

Mr. Begley reported that Cherokee Trail will be paved soon by W. L. Hailey. The scheduling of the tar and chip is unknown depending on weather and materials; however the base would be done this Fall with completion in the Spring if weather does not permit tar and chipping in the Fall. Mayor Graham asked that completion this Fall be made a high priority.

This proposed change is under review by the funding agency; however, a decision won’t be available until next week.

A motion was made by Councilman Boyd Wyatt, seconded by Councilman George Marlow, that the recommended changes on the road paving in Lake Tansi Village be approved, subject to approval by the funding source for the project, Cumberland County, and South Cumberland Utility District. 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 #3 – MATTERS RELATIVE TO CITY MANAGER POSITION

Mayor Graham read the requirements of the position and reviewed the process so far. Out of 65 applicants, four were selected for interviews. Those interviewed were Randy Martin, Bruce Wyatt, Jeffrey Skidmore, and Aaron Elmore.

Mayor Graham suggesting voting on each applicant, in the order interviewed with one vote per Councilmember. Councilman Boyd Wyatt suggested the floor be open for nominations. Councilman Danny Wyatt proposed that, if a decision is made on the position, that the Mayor be authorized to negotiate a salary, which met with general agreement.

A motion was made by Councilman George Marlow that Aaron Elmore be hired. The motion died for lack of a second.

Councilman Marlow stated that Mr. Elmore could be long term, which is a desire of some employees, and that he has the energy, training, and integrity for the job.

Mayor Graham pointed out that Mr. Elmore is the son-in-law of Councilman Marlow, which Councilman Marlow acknowledged. Councilman Marlow further agreed that he did not consider it a conflict of interest in his support of him. Attorney Joe Looney stated that this acknowledgement was appropriate.

A motion was made by Mayor Pro-Tem Danny Wyatt, seconded by Councilman Boyd Wyatt, that Bruce Wyatt be selected for the position.

Councilman Danny Wyatt disclosed that he and his wife bought a business from him and that, to his knowledge, they are not related.

Councilman Marlow stated that he would like to see the motion tabled to allow time for more input from the public. Mayor Graham stated that the process had been well advertised and he had received considerable input from the citizens.

Councilman Boyd Wyatt disclosed that he is distantly related to him, but it did not affect his vote.

Vote on motion to select Bruce Wyatt: Vote: Motion passed (summary: Yes = 2, No = 1, Abstain = 2). Yes: Councilman Boyd Wyatt, Sr, Mayor Pro-Tem Danny R. Wyatt. No: Councilman George Marlow. Abstain: Councilman Earl Dean, Mayor J. H. Graham, III.*

(*At the meeting, Mayor Graham declared that the motion failed. However, after research of parlimentary law, it was determined that the motion passed since the two abstentions count as not voting leaving a majority vote of 2-1. By common law, the abstentions are counted with the majority, leaving a vote of 4-1. This information was provided by the City Attorney at a subsequent meeting held on October 4, 2011.)

A motion was made by Councilman Earl Dean that Randy Martin be hired. The motion died for lack of a second.

Councilman George Marlow commented that Bruce Wyatt did not get support from citizens when he ran for County Mayor and he, as a Councilman, wanted to represent the citizens of Crossville.

A motion was made by Councilman George Marlow that Aaron Elmore be hired. The motion died for lack of a second.

A motion was made by Mayor Pro-Tem Danny Wyatt, seconded by Councilman Boyd Wyatt, that Bruce Wyatt be hired. Vote: Motion failed (summary: Yes = 2, No = 1, Abstain = 2). Yes: Councilman Boyd Wyatt, Sr., Mayor Pro-Tem Danny R. Wyatt. No: Councilman George Marlow. Abstain: Councilman Earl Dean, Mayor J. H. Graham, III.

A motion was made by Councilman Earl Dean, seconded by Mayor Graham, that Jeffrey Skidmore be appointed. Vote: Motion failed (summary: Yes = 2, No = 3, Abstain = 0). Yes: Councilman Earl Dean, Mayor J. H. Graham, III. No: Councilman Boyd Wyatt, Sr., Councilman George Marlow, Mayor Pro-Tem Danny R. Wyatt.

Mayor Pro-Tem Danny Wyatt commented that Mr. Skidmore had an excellent interview; however, his current city has only 9 employees because they contract out all other services so he wasn’t sure he had the experience to manage 165 employees.

Mayor Graham asked if there would be interest in continuing the interview process to spend more time with them. He further indicated that he would consider a salary of $75,000-$100,000, depending on experience and education.

Councilman Marlow stated that he wanted to look at the long-term future because a number of department heads will be retiring in 5 years and he would like to hire a City Manager with the expectation of keeping them for 10-15 years. Mayor Graham commented that all of those interviewed have indicated that they would expect to work another 10 years at a minimum.

A motion was made by Councilman Boyd Wyatt, seconded by Councilman Danny Wyatt, that Mike Turner continue as Interim Manager until January 1, 2012. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = 0). Yes: Councilman Boyd Wyatt, Sr., Councilman George Marlow, Mayor Pro-Tem Danny R. Wyatt. No: Councilman Earl Dean, Mayor J. H. Graham, III.

Councilman Boyd Wyatt commented that Mike Turner has been doing a good job filling in. Interim City Manager Turner expressed his appreciation for the opportunity to fill in. He will continue to delegate responsibilities and that they keep him informed on everything. He further stated that he would like for a decision on the City Manager position before too much longer.

With no further business, the meeting was adjourned at 1:39 p.m.