The City Council for the City of Crossville, Tennessee met in special session on Friday, May 11, 2007 at Crossville City Hall.

 

            Mayor J. H. Graham, III was present and presiding.  Councilmen present were Earl Dean, Carl Duer, Jesse Kerley, and Boyd Wyatt, Sr.  Others present were City Manager Dr. Jack Miller, City Clerk Sally Oglesby, Tony Davis, and Jim Young.

 

            Mayor Graham called the meeting to order at 4:00 p.m.

 

 

ITEM #1 – MATTERS RELATIVE TO FIXED BASE OPERATOR AGREEMENT

 

            Councilman Wyatt stated that he did not believe any members of the Council would vote on any motion that they thought might be illegal which may have happened at the May 8, 2007 Council meeting.  Following the comments made by Mayor Graham with the vote on the motion, City Attorney Chadwell consulted with legal counsel at MTAS and concluded that the motion was in a gray area that could have received a split decision by accountants and attorneys if reviewed as to whether or not it was a loan.  Mayor Graham re-stated his opinion that the motion was illegal and the City Manager should have had a legal opinion on the matter prior to the meeting.  Councilman Dean stated that he wished that the Mayor’s comments had been made prior to the motion so that the entire Council could have the benefit of his concerns prior to voting.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that the following supersedes the motion made in regards to the FBO at the regular meeting held on May 8, 2007:

(1) the agreement between the City and John Keigans, Jr., dba Highland Aviation, the fixed base operator at the Crossville Memorial Airport, dated November 30, 2005, be modified on page one by striking the first sentence of item one under section one “General Terms” and replacing it with the following:

For the use of all airport facilities mentioned herein, the operator’s rent to the city will be as follows:

o       for six months, retroactive to April 1, 2007 and ending September 30, 2007, the rent will be $10.00 per month;

o       from October 1, 2007 through March 31, 2008, the rent will be $300 per month;

o       on April 1, 2008 and through the duration of the agreement, the rent will be $650 per month;

(2)   all other terms in said agreement will remain the same.

Roll call votes:  Ayes-(4)Dean, Duer, Kerley, Wyatt; Noes-(1)Graham.  Motion carried.

 

 

ITEM #2 – 3RD READING OF ORDINANCE AUTHORIZING PAYMENT FOR CONTRACTS WITH JAMES + ASSOCIATES FOR ENGINEERING AND DESIGN SERVICES BEYOND THE CURRENT BUDGET YEAR

 

            A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the ordinance authorizing payment for contracts with James + Associates for engineering and design services beyond the current budget year be passed on third and final reading.  Roll call votes:  Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0).  Motion carried.

 

 

ITEM #3 – 3RD READING OF ORDINANCE AMENDING THE BUDGET FOR FY06-07 IN THE AMOUNT OF $43,455.34 FOR THE HWY. 127S UTILITIES RELOCATIONS

 

            A motion was made by Councilman Duer, seconded by Councilman Dean, that the ordinance amending the FY2006-07 budget in the amount of $43,455.34 for the Hwy. 127S utilities relocations be passed on third and final reading.  Roll call votes:  Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0).  Motion carried.

 

 

ITEM #4 – 3RD READING OF ORDINANCE AMENDING §17-101 OF THE CROSSVILLE MUNICIPAL CODE PERTAINING TO THE DEFINITION OF REFUSE AND SOLID WASTE

 

            A motion was made by Councilman Dean, seconded by Councilman Kerley, that the ordinance amending §17-101 of the Crossville Municipal Code pertaining to the definition of refuse and solid waste be passed on third and final reading.  Roll call votes:  Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0).  Motion carried.

 

 

ITEM #5 – 2ND READING OF ORDINANCE AMENDING THE FY2006-07 BUDGET IN THE AMOUNT OF $2,490 FOR LANDFILL BORINGS

 

            A motion was made by Councilman Duer, seconded by Councilman Kerley, that the ordinance amending the FY2006-07 budget in the amount of $2,490 for landfill borings be passed on second reading.  Roll call votes:  Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0).  Motion carried.

 

 

            With no further business, the meeting was adjourned at 4:16 p.m.