The City Council for the City of Crossville met in regular session on Tuesday, September 8, 2009, at Crossville City Hall.

Roll Call. Present: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent/Excused: Councilman Jesse Kerley.

Others present were City Manager Ted Meadows, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Hunter Withers, Alexis Withers, Lori Withers, Chief David Beaty, Fred Robison, Tim Begley, Darrell Sherrill, Fred Stege, Troy Shaver, Jody Brown, Fred Houston, Sheila Strunk, Doytre Dickens, Sam Dickens, Julia Palumbo, Sam Pugh, Andy Vaughn, David Sutton, Bernie Ahhott, Douglas Torrance, Donnie Moore, Melissa, Schaffer, Lauren Knoll, Ron Turner Ken Deadmon, Steve Hill, Jerry Garrison, Dee Walker, Gary Walker, Jim Thompson, Linda Thompson, Pam Hofmann, Vicky Torrance, Marie Key, Jan Robertson, Larry Robertson, Brad Fox, John Fox, Dean Bennett, Gary Goff, Robert Safdie, J. Dwabowski, Christy Lewis, Carl Meuller, Ron Bodary, Merlin Bodary, Steve Douglas, Linda Bennett, Jason Dyer, Janie Gore, Floyd Gore, Clark Annis, Ricky Burse, Chris South, Mark Fox, Martha F. Ballard, Beth Alexander, Jim Young, Brenda Roberts, Art Stephen, Jeremy Appel, Thomas Wolf, Scott Christian, Charles J. Gritt, Era Young, Mike Robert, Jerry Landrum, Pat Camacci, Billy Loggins, B. Harvey Sanderson, Margie Buxbaum, Jeff Kerley, and Lynn Carson.

Mayor J. H. Graham, III was present and presiding. He called the meeting to order at 6:00 p.m. Ricky Burse of the Linary Church of Christ gave the invocation. The Young Marines presented the colors and led the Pledge of Allegiance.

ITEM #1 – PRESENTATIONS

a) Student of the Month – 2^nd Grader Adam Gaberial Floyd was recognized for the character trait “Cooperation”.

b) Roane State Business Incubator – Dr. Gary Goff was presented a check representing the City’s donation of $250,000 to the business incubator project.

c) Constitution Week 2009 was proclaimed for September 17-23

d) Jason Dyer, an employee of Dana Corporation and in the Coast Guard Reserve, was recognized by Senior Chief David Horn as he leaves on his sixth deployment since September 11, 2001.

e) Shriner’s – Representatives presented a plaque for the City’s support in the recent Don Helms music festival/golf tournament, which raised $5,132.62.

f) Rural Development Fire Equipment grant – The City was awarded a $100,000 grant for the purchase of two fire trucks and related equipment. The grant was accompanied by a $1,090,000 loan, which can be prepaid.

ITEM #2 – CONSENT AGENDA

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

a) Approval of minutes (8/11)

b) 3rd Reading of Ordinance amending the FY09-10 budget by $500,000 for CDBG-R grant for wastewater treatment plant

c) 2nd Reading of Ordinance amending the FY09-10 budget by $6,566 for donation to Hilltopper’s

d) 1^st Reading of Ordinance amending the FY09-10 budget by $6,000 for TML Safety Grant and safety equipment for the soccer complex

e) Approval of grant in the amount of $3,000 with the Tennessee Department of Agriculture for a tree inventory and management plan

f) Approval of lease agreement with Leo, Jerry, and Thresea Garrison on Catoosa office space in the amount of $1,000 per month

g) Approval to cancel annual price contract with Traffic Markings and approve England Striping as primary supplier for street striping

h) Approval of temporary street closings for 5K walk/run sponsored by The Cystic Fibrosis Foundation and Advanced Rehabilitation Center on October 3, 2009

i) Approval of Amendment of Contract in Lieu of Performance Bond for Crossville Sanitary Landfill reducing the financial assurance from $901,540 to $868,873

j) Bids/Purchases

i. Approval of low bid of B & H Photo – Video Corp in the amount of $9,042 on a portable PA system

ii. Approval to purchase additional storage for in-car camera system from L3 Communications in the amount of $5,852.50

iii. Approval to purchase up to 24 Dell laptops at state bid price of $1,726 each, using JAG-R grant funds, if they meet department needs

Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

ITEM #3 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS

Billy Loggins updated the Council on the following marketing projects, on-going and recaps:

· Upper Cumberland Development District annual meeting and golf tournament

· Christmas Parade – December 5 – “Holiday Magic” will be the theme.

· State Senior Olympics – Crossville is considering a bid to host the event in 2011

· Airport 75^th Anniversary/Air Show – September 12 – ceremony at 10:00 a.m.

· Caboose – a group is meeting to work toward its renovation

(At 6:28 p.m., the regular meeting was recessed and the Solicitation Board convened.)

SOLICITATION BOARD

Fairfield Glade Lions Club

An application was received from the Fairfield Glade Lions Club for their annual cheese sale.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that a Solicitation Permit be issued to the Fairfield Glade Lions Club. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

(At 6:30 p.m., the Solicitation Board was adjourned and the Beer Board convened.)

BEER BOARD

CVS/Pharmacy #4479

An application was received for an off-premises beer permit for CVS Caremark Corporation dba CVS/Pharmacy #4479 located at 1026 West Ave. A clear records report was given by the Police Chief.

A motion was made by Councilman Duer, seconded by Councilman Wyatt, that an off-premises beer permit be approved for CVS/Pharmacy #4479. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

CLUB KAILE

An application was received for an on-premises beer permit for Maria Garcia dba Club Kaile located at 102 W. Adams. This application was previously denied due to the previous suspension of a beer permit at the location. The one-year suspension ends on September 8. The applicant is not related or connected to the previous permittee. A clear records report was given by the Police Chief.

A motion was made by Councilman Duer, seconded by Councilman Dean, that an on-premises beer permit be approved for Maria Garcia dba Club Kaile. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

(At 6:33 p.m., the Beer Board was adjourned and the regular meeting was reconvened.)

ITEM #4 – MATTERS RELATIVE TO LOTS AT CITY CEMETERY

Faye Garrison requested to purchase two cemetery lots next to the lots she already owns and where her late husband is buried. These lots are located in the oldest part of the cemetery, where very limited records exist. Consequently, staff was not comfortable selling any lots in the area as they do not know if they are already owned or if they are unmarked graves. In some cases, deeds were issued and in some cases deeds may not have been issued. Unfortunately, copies and records of the deeds do not exist for the majority of the burials and lots.

Two lots have been probed next to the Garrison lots and don’t appear to be existing graves. However, it is unknown if they may be claimed in the future by another family.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that two lots be sold to Faye Garrison next to Powell Garrison. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

ITEM #5 – MATTERS RELATIVE TO FRANCHISE AGREEMENT WITH MIDDLE TENNESSEE NATURAL GAS UTILITY DISTRICT

A proposed franchise agreement/ordinance with Middle Tennessee Natural Gas was presented. Their current franchise expired on October 8, 2005 after 50 years. The proposed franchise would extend for 25 years from October 8, 2005. No representative was present to answer questions of the Mayor and Council. The matter was deferred.

ITEM #6 – MATTERS RELATIVE TO PERSONNEL RULES AND REGULATIONS

The Personnel Rules and Regulations have been revised to include clearer language and updated laws. The major changes were made to:

Section II, Ethics and Nepotism

Sick Leave Return to Work

Information Technology Policies

Grievance Procedures

The revisions were reviewed by City Attorney Kenneth Chadwell and found to be satisfactory. This book has also been reviewed by MTAS personnel consultants, Personnel Board, and attorneys. Council discussed the changes regarding nepotism, sick leave, and fraternization, but no changes were made to the proposed document.

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the proposed Personnel Rules and Regulations be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

ITEM #7 – MATTERS RELATIVE TO REPAIRS TO CARYONAH DAM

The Caryonah Lake dam is an earthen dam that was constructed in 1974. At the time of construction, it was privately owned. As part of the design and construction of the dam, a 15-inch diameter corrugated metal discharge pipe was installed through the dam in order to control the lake level. An emergency overflow weir was also provided to augment the discharge pipe in controlling the lake level. In 1985, the corrugated metal discharge pipe was plugged, eliminating it as a means for controlling the lake level. On May 1, 2001, the State of Tennessee Department of Environment and Conservation (TDEC) Division of Water Pollution Control issued an Aquatic Resource Alteration Permit (ARAP) to The Catoosa Utility District authorizing work that included the withdrawal of water for a municipal water supply. Subsequent to the issuance of the ARAP, but before the Catoosa Utility District became a department of the City of Crossville, the ownership and responsibility for maintaining the dam was transferred to the Catoosa Utility District. In April 2004, the Catoosa Utility District became the City of Crossville Catoosa Utility Department. As a result, the City became the new owner and responsible party for the Caryonah Lake Dam.

On or about August 6, 2009, the structural integrity of the 15-inch diameter corrugated metal discharge pipe and the adjacent soils were compromised. The discharge pipe appeared to be flowing at or near full capacity even though it had been plugged in 1985. On August 7^th, a small portion of the dry side of the earthen dam located over the discharge pipe collapsed. Water was observed passing through the soils further weakening the dam. Water continued to flow through the discharge pipe as well. As a result of its weakened condition, the collapse on the dry side of the dam continued to expand, extending to the base of the dam over the discharge pipe. TDEC Division of Water Pollution Control and Division of Water Supply, as well as County Emergency Management personnel, were immediately notified of the situation. Representatives from both State divisions and emergency management were dispatched to the site to evaluate the conditions and to assess the stability of the dam. It was recommended that the City immediately begin pumping operations in an effort to lower the lake level and reduce the pressure on the dam. It was also suggested that the City breach the dam as soon as possible to reduce the possibilities for total dam failure. Pumping operations were begun in the afternoon on August 7^th.

The water flowing through the soils at the collapse that was observed on the dry side of the dam subsided by August 9^th. There has been no re-occurring flow through the dam since that time. However, as the lake level was lowered, there were a number of additional collapses on the wet side of the dam. The lake level is currently less than two feet deep. The pumps initially put in operation to lower the lake level remain in place and are available on an as needed basis. There have been no additional collapses on the dry side of the dam since the initial collapse. The situation has been stabilized. To date, there have been six purchase orders issued totaling approximately $50,000 for rental of emergency pumps, piping and construction equipment, as well as purchases of stone and various other required materials.

Stigall Engineering Associates, Inc. has submitted an agreement for providing professional engineering services for the design and construction of structural repairs to the Caryonah Lake Dam, including the removal of the existing pipe through the dam. Engineering services to be provided include design and contract administration the cost of which will be based upon a percentage of the net construction cost and is unknown at this time; resident inspection and geotechnical construction direction, the cost of which will be $58,000; and additional pre-construction engineering services (site surveys, laboratory tests, soil borings and sampling, specialized geological, permit applications, etc.), the cost of which will be $64,000.

Mr. Robert Stigall was present and estimated a maximum of 120 days for design and bidding. Following the completion of the design, the plans will require approval by the state, which should be accomplished in a fairly short amount of time.

A motion was made by Councilman Wyatt, seconded by Councilman Dean that approval be given for the emergency procedures conducted by the City Manager. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the agreement from Stigall Engineering Associates, Inc. for providing professional engineering services for the design and construction of structural repairs to the Caryonah Lake Dam be approved as follows:

· design and contract administration engineering services in the amount based upon the fee schedule chart attached to the agreement per the awarded Contractor’s construction price;

· resident inspection and geotechnical construction direction in the amount of $58,000;

· additional engineering services as enumerated in Section D of the agreement in the amount of $64,000; and

that a budget amendment be passed on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

ITEM #8 – MATTERS RELATIVE TO CUMBERLAND MOUNTAIN STATE PARK SEWER EXTENSION PROJECT

Approval of Change Order No. 5 for the Crossville Force Main Sewer Line Extension and Pump Station, State Route 28 (US 127) project was requested crediting the cost for deleting fencing ($270), culverts ($3,150), rip rap ($960) and road ($1,600) and adding the costs for fill dirt ($3,000) topsoil ($800) and additional seed and straw ($200) for relocating the Byrd Creek Pump Station for a net decrease of $1,980. The contract sum prior to this change order was $432,957.88. The new contract sum, including this change order, is $430,977.88. Approval of Change Order No. 5 also adds 26 calendar days to the contract time as a result of weather delays and pump station relocation. Substantial completion has been increased to 176 calendar days and final completion to 206 calendar days.

A motion was made by Councilman Dean, seconded by Councilman Duer, that Change Order No. 5 for the Crossville Force Main Sewer Line Extension and Pump Station, State Route 28 (US 127) project subtracting $1,980 from the contract and adding 26 calendar days to the contract for relocating the Byrd Creek Pump Station be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

ITEM #9 – MATTERS RELATIVE TO HWY. 127S UTILITY RELOCATION PROJECT

James + Associates, Inc. (JPA) submitted a proposal for additional services and compensation for revising the pre-construction (rainbow) plans for the Hwy. 127S (SR 28) utility relocation project. This request is due to the amount of time that has elapsed since the original agreement (April 2007) was approved and the extensive revisions required in order to obtain TDOT approval of the rainbow plans. There have also been a number of updates and revisions to the project initiated by TDOT. The initial approved cost for preparing said rainbow plans was $8,501.86. JPA is requesting an additional $6,450.73 to complete revisions to the rainbow plans as directed by TDOT at their July 22, 2009 review meeting in Chattanooga. The new contract cost for revising the rainbow plans is $14,952.59. JPA is not requesting an increase in their contract amount for the development of the construction plans and specifications for the project and will complete same in accordance with the previously agreed upon fee of $43,455.34. The project to widen Hwy. 127S is expected to be bid in April, 2010. These costs are not reimbursable by TDOT.

A motion was made by Mayor Graham, seconded by Councilman Duer, that the proposal from James + Associates, Inc. for additional services for revising the pre-construction (rainbow) plans for the U.S. 127S (SR 28) utility relocation project in the amount of $6,450.73 be approved and that a budget amendment be passed on first reading. Roll Call. Present: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent/Excused: Councilman Jesse Kerley.

ITEM #10 – MATTERS RELATIVE TO RAW WATER SUPPLY

a) ECE Contract – A Task Order for engineering services on the Lake Tansi water harvesting project was presented with costs as follows:

Study and Report Phase $30,000 (lump sum)

Design Phase $325,000 (time and expenses)

Additional services $210,000 (time and expenses)

Bidding Phase $10,000 (lump sum)

Construction Phase $200,000 (time and expenses)

Post Construction Phase $25,000 (time and expenses)

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the contract for ECE Services for the Lake Tansi Water Harvesting Project be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

b) Community Development Partners contract – A contract for administrative and planning services totaling $50,000 was presented for approval.

A motion was made by Mayor Graham, seconded by Councilman Dean, that the contract with Cumberland Development Partners be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

c) Acquisition – The project will require three easements and the acquisition of three parcels. The City Manager reported on the status of the negotiations. Approval was requested for the City Manager to complete the negotiations. If approved, the final agreements will be supplied to the Council.

d) Agreement – City Attorney Chadwell reported that negotiations have continued in good faith with the Tansi POA Board and that the agreement is getting closer to resolution. A public meeting has been scheduled for 7:00 p.m. on Monday, September 21, at the Palace Theater. The lawsuit has not actually been filed, but approved for filing.

e) Arcadis – The City requested that Environmental & Civil Engineering Services (ECE) have ARCADIS perform a review of the study report “Drinking Water Facilities Plan, ARRA Raw Water Harvesting Project, May 28, 2009” and supporting documentation as prepared and provided by ECE. The review is to provide an overall assessment of the reasonableness and accuracy of conclusions related specifically to the feasibility of harvesting water from the Lake Tansi Reservoir. The intent of the review was to provide the City an additional level of confidence based upon an independent review and second opinion.

The cost to perform the review of said report and supporting documentation, prepare a Technical Memorandum, and for performing project direction and coordination was $17,250 (ARCADIS - $15,000; ECE - $2,250).

A motion was made by Mayor Graham, seconded by Councilman Dean, that the expenditures for ARCADIS to review the study report “Drinking Water Facilities Plan, ARRA Raw Water Harvesting Project, May 28, 2009” and supporting documentation as prepared and provided by ECE and prepare a Technical Memorandum documenting the findings and conclusions of the review in the amount of $15,000 and that the expenditures for ECE for project direction and coordination in the amount of $2,250 be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that approval be given for the City Manager to proceed with acquisition and that the City Manager report to the Council as soon as possible on the specifics. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

ITEM #11 – CITY ATTORNEY’S REPORT

Mr. Chadwell reported that he had put the abatement issues on the back burner due to the Lake Tansi project, but will get back to them very soon. He further reported that no new lawsuits have been received. Eminent domain authorization on the water harvesting project and the Lantana Road utilities will be requested once the appraisals have been received.

ITEM #12 – MATTERS RELATIVE TO TEMPORARY SPACE FOR ENGINEERING AND CODES DEPARTMENTS

Proposals were solicited for 3,500-5,000 sf of rental office space. The proposals were reviewed for location, cost, and suitability for needs. During the site visits, the City Manager, Director of Engineering, and Director of Codes Enforcement realized that handicapped accessibility was an issue. Based on their visits and reviews, they recommended that the proposal of GPM Apartments (Crossville Commons located by Food City) be selected utilizing three 1,000 sf adjacent units. This property has handicapped accessibility, is centrally located, and spaces that can be designed for the needs of the departments. Accessibility was not specifically mentioned in the request for proposals; however, TCA 68-120-202 states “It is declared to be the policy of the state of Tennessee to make all public buildings accessible to and functional for persons who are physically handicapped”.

Councilman Wyatt stated that he felt the Crossville Realty proposal was superior due to including all the utilities and providing a receptionist. According to Dean Bennett, all utilities include internet, water, sewer, gas, and electric. He stated that ADA compliance was not included in the proposal, but they would make the bathroom and the space accessible. Mr. Bennett stated that there is about 1,200 sf on the first floor and the remaining square footage on the second floor, which would not be ADA accessible. Councilman Dean stated that the City needs to save as much as possible as this is considered to be a temporary situation for approximately 3 years.

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that authorization be given to enter into a lease agreement for up to 3,000 sf of office space from Crossville Realty for a period of three years with the understanding that the building would be made accessible for persons that are handicapped. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley.

ITEM #13 – CITY MANAGER’S REPORT

City Manager Ted Meadows presented the monthly revenue reports for local option sales tax (13.38% down from last year—1.18% down from projected budget), wholesale beer tax (little change from previous month), and wholesale liquor inspection fees. He estimated that it will be 60-90 days before we have a clear idea of the expected annual revenue on the wholesale liquor. He also presented a report on building permits for the previous month, which continues to be extremely slow, but 6 single family permits were issued in August. Two commercial permits have already been issued in September with two more expected.

(Mayor Graham left at 8:09 p.m. and turned the meeting over to Mayor Pro-Tem Dean.)

ü Special projects report

· Northwest Connector Section I acquisition is about to begin. The City Manager will come back to Council for approvals of any excessive amounts.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that negotiated offers be brought back to Council for approval before buying right-of-ways. Vote: Motion carried by unanimous roll call vote (summary: Yes = 3). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor Pro-Tem Earl Dean. Absent: Councilman Jesse Kerley, Mayor J. H. Graham, III.

· Cumberland Cove project has been approved for bidding by Rural Development. All funding is in place.

· Holiday Lake property repairs – Mary Lou Wibel forwarded requests from 12 residents on issues on their property. Estimates for repairs using City crews were prepared by the Public Works Director, which are estimated to take about 6 weeks. The City Manager will be meeting with each property owner to discuss the repairs to make sure that they will meet their needs. The City will need to lower the water so that crews can look underneath several boathouses to be sure they can do the repairs. The cost is estimated at $68,000.

ü Water loss – no new data was available

With no further business, the regular meeting was adjourned at 8:23 p.m.