The City
Council for the City of
Mayor
Graham called the meeting to order at
ITEM #1 – STUDENT OF
THE MONTH
The presentation of the “Student of the Month” award for February was deferred until the March meeting.
ITEM #2 – CONSENT
AGENDA
A motion was made by Councilman Wyatt,
seconded by Councilman Dean, that the following items on the consent agenda be
approved:
a) Approval of minutes (1/9, 1/25)
b) Approve submittal of application for eligibility to participate in the Federal and State Surplus Property Program
c) 1st Reading of FY2006-07 Budget Amendment in the amount of $4,620 for Council pay
d) Approve deposit of $38,000 as the City’s share of the Holiday Drive bridge project into a Local Government Investment Pool Account
e) Approve the purchase of parts from H H Hooper in the amount of $19,525 to refurbish the sweeper truck
f) Accept the low bid of Kazmier & Associates in the amount of $22,996 for the purchase of 4 flow meters for the wastewater system
g)
1st
h) Approve Change Order #2 for K & N Painting Services in the deduct amount of $205 on the Lantana water tank painting
Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0). Absent-(2) Duer, Kerley. Motion carried.
ITEM #3 -
PRESENTATION OF FY2005-06 AUDIT
Janice Plemmons-Jackson presented
the FY05-06 financial statements.
Overall assets went up $12M. Net
assets by $8.5M A portion came from the
merger with Catoosa. Annual pension cost
rose from $467,000 at
A motion was made by Councilman Dean, seconded by Councilman Wyatt, that the FY05-06 financial statements be accepted. Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
At
(At
BEER BOARD
Eliazar A. Leon dba
Tienda Jalisco
An application was received from
Eliazar A. Leon dba Tienda Jalisco located at
Robert W. Agee dba
An
application was received from Robert W. Agee dba Genesis Rd. Quick Stop located
at
Frederick H. Dockham,
Jr. dba Rick’s
An application was received from
Frederick H. Dockham, Jr. dba Rick’s located at
Mukesh Patel dba
Citgo Food Mart
An application was received from Mukesh Patel dba Citgo Food Mart located at 1390 Hwy. 70E for an off-premises beer permit. Lt. Fred Sherrill gave a clear records report on the applicant
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the following beer permits be approved:
1) on- and off-premises beer permit to Eliazar A. Leon dba Tienda Jalisco;
2) off-premises beer permit to Robert W. Agee dba Genesis Rd. Quick Stop;
3) on-premises beer permit to Frederick H. Dockham, Jr. dba Rick’s; and
4) off-premises beer permit to Mukesh Patel dba Citgo Food Mart.
Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
(At
ITEM #4 – MATTERS RELATIVE TO CATOOSA UTILITY DEPARTMENT PROJECTS
a)
Land Venture Group project in Cumberland Cove area – A
proposed agreement was presented to provide 6” waterlines from
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the agreement with Land Venture Group for waterlines in Cumberland Cove be approved, subject to final approval of the agreement by the City Attorney. Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
b)
TWRA Project – A request and proposed grant agreement was
received from the State of
A motion was made by Councilman Dean,
seconded by Councilman Wyatt, that the grant agreement with the State of
c)
Engineering contract – A contract with Stigall
Engineering Associates, Inc. in the amount of $14,300 was presented to provide
engineering services for
A motion was made by Councilman Wyatt,
seconded by Councilman Dean, that the engineering contract with Stigall
Engineering Associates for engineering of the TWRA project,
A motion was made by Councilman Dean,
seconded by Councilman Wyatt, that the budget amendment to cover the grant and
costs for the TWRA project and engineering fees for
ITEM #5 – MATTERS
RELATIVE TO SOUTH CUMBERLAND UTILITY DISTRICT MERGER LAWSUIT
A letter was received from South Cumberland Utility District reiterating their offer to compensate the City $25,000 for legal fees and other costs in exchange for both bodies withdrawing the Motion to Clarify in the lawsuit. Councilman Wyatt expressed his disappointment with SCUD on withdrawing from the merger agreement; however, with the long term contract and the projected cost to proceed with the lawsuit, he would not be adverse to closing the project. Councilman Dean expressed his desire to resolve the issue and both entities move on under the new contract. Mayor Graham commented that he had supported the merger and felt it was best for both entities for a number of reasons including the long-term future for the customers and that he would still support a band-aid position by the City to assist with the POA sewer system; however, it was time to conclude the matter at this time. City Attorney Kenneth Chadwell stated he will ask for a continuance until the final documents are signed by both parties.
A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the offer of South Cumberland Utility District for compensation of legal fees and other costs be accepted. Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
ITEM #6 – CITY ATTORNEY’S REPORT
City Attorney Chadwell reported that no new lawsuits have been filed.
· MPact Construction – He has attempted more contacts with the bonding company for MPact but no calls have been returned.
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the City Attorney be instructed to immediately bring suit against the bonding company and MPact Construction to obtain the money due to the City. Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
· Sr. Watch – The program and applications have been reviewed and approved.
·
Easement for ingress/egress for Joel K. Bolin – Deferred
ITEM #7 – CITY
MANAGER’S REPORT
Dr. Miller presented the monthly revenue charts for local option sales tax and wholesale beer tax. The sales tax was down slightly; however, the wholesale beer tax had increased. He reported that the sales tax was just received on December sales and was the highest ever for the City of Crossville.
A proposed fee schedule for tank truck waste program, recommended by Clark Annis and the City Manager, raising the fees charged for waste brought by truck to the wastewater plant was presented. Councilman Wyatt asked that the companies be sent a letter with the new fees to begin July 1.
A motion was made by Councilman Wyatt,
seconded by Councilman Dean, that the new fee schedule for tank truck waste
program be approved, effective
ITEM #9 – MATTERS
RELATIVE TO CABLE FRANCHISE AUDIT
A proposal was received from Telecommunications Consulting Associates to audit the franchise agreements of Charter Communications and Cumberland County Cable to determine if the City was paid correctly. Any recoveries resulting from the audits would be split 50/50 with the City. The City Manager and City Clerk recommended proceeding with this audit.
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that a contract with Telecommunications Consulting Associates for an audit of the cable television franchise contracts be authorized. Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
ITEM #8 – MATTERS
RELATIVE TO ACQUISITIONS AROUND
In order to
expedite the acquisition of property and easements for the
A “nominal payment parcel” would be an amount under $10,000 with some basis for determining the value. In the cases where a property requires repairs to the dock, seawall, boathouse, etc., the City would make a payment to the property owner based on a fair proposal from a contractor to do the work, in exchange for donating the flowage easement. The proposals would be reviewed by engineering and codes enforcement to determine that the work to be done was necessary and that the price is reasonable.
Where a property owner requests to be paid for the easement, the City Clerk would follow the federal acquisition act through the following steps:
With the second motion, if the property owner accepts the offer, the property could be acquired without further action by the Council.
Due to the need to acquire 195 flowage easements and one fee-simple parcel below the dam, these motions would streamline the process and not bog down Council time approving each settlement that is over $5,000. As of February 8, the City Clerk reported 47 parcels donated and 12 parcels requesting appraisals. Letters were sent out on January 26 requesting responses by February 28. Council requested that settlements over $5,000 be brought before the Council for approval.
A settlement on the acquisition of .84 acres and a bank maintenance easement of .20 acres from Thomas E. and Judy L. Smith was presented for approval. The appraised market value was $35,0000for the acquisition and $10,000 for the easement. The owners have agreed to sell the property which is required for the spillway expansion.
A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the settlement offer with Thomas Smith in the total amount of $45,000 be approved. Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
ITEM #10 – MATTERS
RELATIVE TO INTERGOVERNMENTAL COOPERATION AGREEMENT FOR EMERGENCY COMMUNICATION
A new agreement for emergency communications that has been approved by the Cumberland County Emergency Communications District was presented for consideration.
A motion was made by Councilman Dean, seconded by Councilman Wyatt, that the agreement for emergency communications be approved. Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
ITEM #11 – MATTERS
RELATIVE TO ENGINEERING SERVICES FOR
A proposal from Hart Freeland Roberts was presented for professional services, including inspection, to prepare bid documents and specifications for a re-coating of the Woodmere Elevated Storage Tank. The cost is $67,000, which includes $55,000 for inspection services by J & S Utility Consultants. Several firms were contacted to provide the inspection services with this being the best offer received. The City Manager and Director of Water Resources recommended acceptance of this proposal. The total cost for the re-painting is estimated at over $600,000.
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the proposal of Hart Freeland Roberts on professional services for the Woodmere Elevated Storage Tank Recoating project be approved. Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
ITEM #12 – MATTERS
RELATIVE TO
The Engineering Department requested authorization to approve a proposal from James + Associates in the amount of $8,501.86. This proposal covers development of preliminary utility relocation plans for submittal to TDOT for the Hwy. 127S widening project. Additional funding will be necessary for final utility construction plans. James + Associates is currently under contract with the City and State on the sewer line to connect with the State Park. These costs may be reimbursed by the State.
A motion was made by Councilman Dean, seconded by Councilman Wyatt, that a contract with James + Associates for preliminary engineering services on utility relocation for Hwy. 127S be approved. Roll call votes: Ayes-(3)Dean, Graham, Wyatt; Noes-(0); Absent-(2)Duer, Kerley. Motion carried.
ITEM #7 – CITY
MANAGER’S REPORT (cont.)
Councilman Wyatt asked that the future of the First Responder program be addressed as the contract has expired. The City Manager was asked to review the contract immediately and bring the matter back to the Council. Council indicated their willingness to continue with the program especially since several lives have been saved with the program.
With no further
business, the meeting was adjourned at