The City Council for the City of Crossville, Tennessee met in regular session on Tuesday, January 10, 2006 at Crossville City Hall.

Mayor J. H. Graham, III was present and presiding. Councilmen present were Earl Dean, Dr. Carl Duer, Billy Loggins, and Boyd Wyatt, Sr. Others present were City Manager Dr. Jack Miller, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Finance Director Amanda D. Houston, Public Works Director Tim Begley, Christy Lewis, Jim Young, Frank Baker, Fay Tucker, Gary Frady, Clark Annis, Kevin Dean, Barry Field, Ronnie Webb, Frank Baker, Theodore J. Polczynski, Denise A. Polczynski, Tammy Lane, Sue McNeill, Terri Curran, Charline Picard, Eddie Frady, Alexis Lewis, Kevin Dean, Rachel Adams, and Norm Westerbuhr.

Mayor Graham called the meeting to order at 6:00 p.m. Fay Tucker from the Homestead and Grassy Cove United Methodist churches gave the invocation. Councilman Billy Loggins led the Pledge of Allegiance.

ITEM #1 – RECOGNITIONS:

a) Student of the Month – The January “Student of the Month” was presented to Gary Frady who exemplifies the character trait “honesty”. Rachel Adams, the “Student of the Month” for December was present to receive her award.

b) Upper Cumberland District Senior Games – Frank Baker and Charline Picard, Coordinators for the Upper Cumberland District of the Tennessee Senior Games, explained the Senior Games (now called the Senior Olympics), thanked the City for its support, and encouraged all qualifying citizens ages 50 and over to participate in the various events which will begin April 24.

c) National Mentoring Month – Mayor Graham proclaimed January as National Mentoring Month and presented the proclamation to Terri Curran and Sue McNeill.

ITEM #2 – APPROVAL OF MINUTES (12/13)

A motion was made by Councilman Wyatt, seconded by Councilman Loggins, that the minutes of December 13, 2005 be approved. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

ITEM #3 – APPOINTMENTS:

a) Health and Educational Facilities Board – deferred

b) Lake Commission

At the recommendation of Councilman Dean, a motion was made by Councilman Wyatt, seconded by Councilman Duer, that Doug Brady be re-appointed to an additional seven-year term on the Lake Commission. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

ITEM #4 – PROPOSAL FOR DOWNTOWN TRAFFIC RE-STRUCTURING

Councilman Loggins introduced Ronnie Webb who discussed his plan for the re-structuring of traffic in the downtown area. His plan would change E. Fourth St. to one-way headed east and change Thurman Ave. to one-way going south instead of north, creating the opportunity for traveling around the courthouse in a clock-wise fashion. He reported that he had talked to all the property owners affected by this change and they are in agreement. Discussion was also held about changing Rector to a one-way street; however, the affected property owners were not supportive of that change. A left-turn arrow on the light at the intersection of Fourth and Main would need to be added. The plan would also change the parking on E. Fourth to diagonal on both sides, which would increase the number of spaces. His drawing also suggests changing the parallel parking on the north side of E. Second Street to diagonal.

Councilman Loggins asked that Mr. Webb work with Kevin Dean and Sally Oglesby to prepare advertisements that could gauge public support for the proposed changes. Dr. Miller estimated the cost for the turn signal to be around $1,500 and suggested a public hearing be held. Mayor Graham expressed his safety concern for parkers backing out when the turn signal is on.

(At 6:30 p.m. the regular meeting was recessed and the Beer Board convened.)

BEER BOARD

Peking Buffet

An application was submitted by Zhongyong Zheng and Hui Lam Zheng dba Peking Buffet located at 1352 N. Main St. for on-premises beer sales. Chief Beaty recommended approval of the application.

A motion was made by Councilman Duer, seconded by Councilman Loggins, that an on-premises beer permit be issued to Zhongyong Zheng and Hui Lam Zheng dba Peking Buffet. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

(At 6:31 p.m. the Beer Board was adjourned and the regular meeting reconvened.)

ITEM #5 – MATTERS RELATIVE TO PROPOSED BUSINESS PARK SIGN

The property owners of Parkside Place are looking at constructing a business park sign in the middle of the entrance prior to the final asphalt topping being put added. The matter was deferred until the written proposal is received.

ITEM #6 – MATTERS RELATIVE TO CONTRACT WITH SOUTH CUMBERLAND UTILITY DISTRICT

(See City Attorney’s report.)

ITEM # 7 – CITY ATTORNEY’S REPORT

· A lawsuit was received against a police officer, but it has not been reviewed.

· South Cumberland Utility District – A draft contract was received from Don Scholes, attorney for SCUD. Mr. Chadwell asked for authority for he and Dr. Miller to negotiate the contract under the following Council’s parameters:

• The contract term would be 10 years
• The initial rate will be $3.10/1,000 gallons, retroactive to October 1, 2005;
• Rate increases for operational costs would be tied to the lower of the CPI-Urban Wage Earners, Clerical Workers, Sanitation Workers or 3% per year, unless the overall CPI exceeds 5% in one year, then the 3% cap would be re-negotiated;
• Tansi POA would have access to sewer at a $10/gallon access fee, limited to 10,000 gallons/day capacity, payable over a five-year period. If Tansi POA wants less than 10,000 gallons/day capacity, the access fee would be required to be paid in one payment up-front.
• Tansi POA would be charged outside-City rates for actual usage;
• City’s lawsuit with SCUD to collect costs incurred during the merger process would be withdrawn if the Tansi POA accepts sewer proposal within 6 months. If Tansi POA doesn’t accept the sewer proposal, SCUD will pay the $25,000.
• SCUD will purchase a minimum of 12,000,000 gallons per month;

Mayor Graham and Councilman Dean stated they believe the City should acquire the sewer collection line on Dunbar Road from the Cumberland County Board of Education that would transport wastewater from the Tansi POA via that sewer collection line. The Board of Education has offered to turn the line over to the City at no cost. They reasoned that as the City grows, the line will be needed and may not be available at no cost and that the City needs to have control over lines that are attached to the City’s wastewater plant. According to Dr. Miller, J. W. Brown, the primary negotiator for SCUD, did not request that to be part of this contract as he did not feel it was relevant to the contract between the City and SCUD for the purchase of water. Councilman Wyatt stated he would not support taking over the sewer lines from the Board of Education.

Councilman Loggins recommended not making the rates retroactive to October 1, 2005. This cost was estimated at almost $6,000 per month. Dr. Miller asked that it be left in as it is a part of the negotiations on a new contract, which have been conducted in good faith.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the City not accept the sewer line from Brown School to South School and on in to the city limits. Roll call votes: Ayes-(3)Duer, Loggins, Wyatt; Noes-(2)Dean, Graham. Motion carried.

The Council indicated their consensus to allow the City Attorney and City Manager to continue negotiations under the parameters discussed. City Attorney Chadwell pointed out that any merger negotiations with SCUD that might be contemplated in the future would be a completely new process and not connected to the previous negotiations and agreements.

· Crab Orchard Utility District sewer service area – Crab Orchard Utility District filed a petition for the authority to provide sewer, which would include areas the City is entitled to serve. At the hearing, Mr. Chadwell lodged an objection to the petition because state statutes allow the City the sole right to serve sewer within five miles of its jurisdictional boundaries. They objected to that and the City was given 60 days (January 12) to identify the areas the City wishes to serve. He presented maps showing the areas recommended for the City to retain. The areas are within the City’s Urban Service District and areas within COUD where the City already serves water. (A copy of the map is attached and made a part of these minutes.) An additional requirement is a statement as to when the City will provide sewer to the areas. Dr. Miller suggested stating that “the City will provide sewer upon annexation and request of the property owners”. The recommendation has been discussed with officials of COUD and appears to be acceptable to them.

A motion was made by Councilman Dean, seconded by Councilman Wyatt, that the Council approve the recommendation of the City Manager and City Attorney. All Ayes

· D & J Appliance – Police Chief Beaty and Assistant District Attorney Gary McKenzie spoke to the property owner in November who assured them he would take care of cleaning up the property. As of last Friday, no clean-up has taken place and the Assistant District Attorney is ready to proceed with bringing criminal charges against the owner in General Sessions Court. Police Chief Beaty was instructed to meet with the Assistant District Attorney on Wednesday to proceed with the criminal charges.

ITEM #8 – CITY MANAGER’S REPORT

City Manager Dr. Jack Miller presented the following:

· Charts showing local option sales tax revenues for January and wholesale beer tax revenues for December, which were both higher than the previous year

· Information Technology Policy – A new policy was developed to cover the many issues pertaining to the use and maintenance of computers and electronic communications. The policy will be distributed to affected employees and placed in the personnel policy.

· Proposed 2006 Goals and Objectives – A work session will be scheduled to review and finalize them.

Other Matters:

· Tulip Dr. – Freitag Construction is working on installing the box culverts across creek. The clearing work has been completed and approximately one-half of the grading work.

· Councilman Wyatt requested a turn signal to be installed at Hwy. 127N and Crossroads (Cracker Barrel). The signal is needed for traffic going north and turning left onto Crossroads Drive.

· Councilman Wyatt also asked that signalization be requested for Hwy. 127N and Interstate Drive. Dr. Miller reported that a letter of request has already been submitted for that location.

· Imagination Library – Councilman Duer asked that the City contribute $1,000 to the local program to show the City’s support of the program. The funds will come from “Funds Reserved”.

A motion was made by Councilman Duer, seconded by Mayor Graham, that $1,000 be contributed to the Cumberland County Imagination Library and that support of this program be added to the 2006 Goals and Objectives for further participation. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

ITEM #9 – MATTERS RELATIVE TO FY05-06 BUDGET AMENDMENT FOR CATOOSA UTILITY DEPARTMENT RETIREMENT FUNDS

a) Amendment of motion on December 13, 2005 – The motion passing this budget amendment at the December meeting needs to be amended to read “passed on second reading” as the amendment had already passed on first reading at the September 13, 2005 meeting.

A motion was made by Councilman Dean, seconded by Councilman Wyatt, that the motion made at the December 13, 2005 for the FY05-06 budget amendment for Catoosa Utility Department retirement funds be amended to read “passed on second reading”. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

b) 3^rd Reading of budget amendment

A motion was made by Councilman Dean, seconded by Councilman Loggins, that the FY05-06 budget amendment for Catoosa Utility Department retirement funds be adopted on third and final reading. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

ITEM #10 – BIDS ON AIRPORT SEWER LINE

The following bids were received for the sewer line to connect to the corporate hangar being constructed by Grindstaff Aviation:

Frasier Plumbing & Electrical $12,902

M. G. Hall, LLC $15,484

Wattenbarger Grading, LLC $37,665

Norris Bros. Excavating $19,999

Hopper Excavating $16,500

Freitag Construction $18,400

The low bid of Frasier Plumbing and Electrical in the amount of $12,902 was recommended for acceptance. Grindstaff Aviation will be responsible for the local match share of the grant.

A motion was made by Councilman Wyatt, seconded by Councilman Loggins, that the low bid of Frasier Plumbing and Electrical be accepted for construction of a sewer line at the airport. Roll call votes: Ayes-(5)Dean, Duer, Graham, Loggins, Wyatt; Noes-(0). Motion carried.

With no further business, the meeting was adjourned at 7:26 p.m.