The City
Council for
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 Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Fred Houston, Tim Begley, Andy Vaughn, Art Meharg, Dorothy Meharg, Willard Dale, Jim Young, Shelia Knight, Dr. Mark Fox, Darrell Sherrill, Jerry Garrison, Bill Oglesby, Steve Hill, Frank Drabek, Clark Annis, Mary Ann Brown, Christian Cobb, Sam Williams, Jerry Harris, Joe Miller, Roger Thackston, Donald Napier, and Jed Campbell.
Mayor Graham
called the meeting to order at
ITEM #1 – CONSENT
AGENDA
A motion was made by Councilman Dean,
seconded by Councilman Wyatt, that the following items on the consent agenda be
approved:
a) Approval of minutes (5/8, 5/11, 5/17)
b) 3rd Reading of Ordinance adopting a budget for FY07-08
c) 3rd Reading of Ordinance adopting a tax rate of $0.55 for FY07-08
d) Resolution approving donations to outside agencies for FY07-08-PULLED FROM CONSENT AGENDA
e) 3rd Reading of Ordinance adopting a Code of Ethics
f)
3rd Reading of Ordinance authorizing an
agreement with Pilot Travel Centers for road and utility improvements on
g) 3rd Reading of Ordinance authorizing agreement with The Bluffs at Cumberland Cove, LLC with services and responsibilities extending beyond the current budget year
h) 3rd Reading of Ordinance authorizing payments for contracts with Stigall Engineering Associates for engineering and design services beyond the current budget year
i)
1st Reading of Ordinance annexing
approximately 7 acres on
j) 1st Reading of Ordinance amending the FY06-07 budget in the amount of $1,200 for landfill ground water sampling and lab analysis
k)
Approval of temporary closing of a portion of
l)
Approval of temporary closing of a portion of
m) Approval of annual price contracts for FY2007-08 as tabulated with the following recommended vendors:
(i) Asphalt paving – Tennessee Asphalt
(ii) Asphalt – in place – Tennessee Asphalt
n)
Approval of bid on Fox, Tate & Potato Farm roads
water line in the amount of $159,000 – Green
Brothers Construction Company
o) Acceptance of streets
i)
ii)
iii)
iv) Kings Row extension into RiverChase Subdivision
p) Approval of three-year contract with VolFirst for internet services PULLED FROM CONSENT AGENDA
q) Approval of Change Order #1 on Holiday Hills Water Treatment Plant improvements in the amount of $10,384.66 out of contract contingency allowances
Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.
d) Resolution approving donations to outside agencies for FY07-08 – The amounts for several agencies were clarified.
A motion was made by Councilman Duer, seconded by Councilman Dean, that the resolution approving donations to outside agencies for FY07-08 be adopted. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.
k) Approval of
temporary closing of a portion of
A motion was
made by Mayor Graham, seconded by Councilman Duer, that the temporary closing
of a portion of
l) Approval of
temporary closing of a portion of
A motion was
made by Councilman Wyatt, seconded by Councilman Kerley, that the temporary closing
of a portion of
p) Approval of three-year contract with VolFirst for internet services – The contract with VolFirst for internet services expires in March 2008. However, with recent improvements and rate reductions, they offered to extend the contract for a new three year term while lowering the costs by half and tripling the network speed. With the new contract, the price will decrease from $1,595.40 to $819.45 per month. The speed will increase from 2.0 Meg/768k to 6/0 Meg/768k.
A motion was made by Councilman Wyatt, seconded by Councilman Duer, that a three-year contract with VolFirst for internet services be approved. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.
ITEM #2 – APPOINTMENTS
TO FLOODPLAIN BOARD OF APPEALS
A motion was made by Councilman Dean, seconded by Councilman Duer, that J. H. Graham, III be re-appointed to a three-year term on the Floodplain Board of Appeals. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.
ITEM #3 – MATTERS RELATIVE TO MIZKAN WATER PRETREATMENT SYSTEM
The pretreatment system for Mizkan is under construction and should be completed this summer. The $1.7M project will give the city 10-15% more capacity at the wastewater plant and will give Mizkan the capacity to increase production and employment at their plant. They requested a waiver of the $1,660 building permit fee paid by Dillard Contractors. Mayor Graham indicated that Mizkan is one of the larger employers and this pre-treatment system will allow them to expand their line into mustard production.
A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the building permit fee be waived for the water pretreatment system and the money be refunded to the contractor. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.
ITEM #4 – MATTERS
RELATIVE TO CHARTER COMMUNICATIONS FRANCHISE AUDIT
The audit of the cable franchise fees of Charter Communications has been completed, resulting in additional fees due of $1,467. The company requested a settlement and release agreement be approved to conclude the matter.
A motion was made by Councilman Duer, seconded by Councilman Dean, that the Settlement and Release Agreement with Charter Communications for franchise fees for the period of July 1, 2000-June 30, 2006 be approved. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.
ITEM #5 – 1ST
The General Assembly passed legislation last year that established the Responsible Vendor Program. Participating vendors must comply with employee training requirements, universal customer identification, and mandatory signage. In exchange, certified vendors will receive reduced punishments for illegal sales to minors. On an initial violation, these vendors would not be subject to permit revocation or suspension, but would be subject to a civil penalty not exceeding $1,000 per offense. Upon two violations within a 12-month period, they would face permanent revocation.
Non-participating vendors will face increase civil penalties. With a violation, they would be subject to suspension, revocation, or a civil penalty not to exceed $2,500.
An ordinance amending the Code for
compliance with this new law that is effective
A motion was made by Mayor Graham, seconded by Councilman Duer, that the ordinance amending the Crossville Municipal Code to reflect changes for the Responsible Vendor Law be passed on first reading. Roll call votes: Ayes-(4)Dean, Duer, Graham, Kerley; Noes-(0); Abstain-(1)Wyatt. Motion carried.
(At
BEER BOARD
Robert W. Agee dba
An
application was received from Robert Agee for an off-premises beer license for
Sunrise Market located at 1685
A motion was made by Councilman Duer, seconded by Councilman Dean, that an off-premises beer license be approved for Robert W. Agee dba Sunrise Market. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.
William Randolph dba R
& B’s Café
An application was received from William Randolph for an on-premises beer license for R & B’s Café located at 518 S. Main. Major Darrell Sherrill reported a clear records check on the applicant and recommended approval.
A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that an on-premises beer license be approved for William Randolph dba R & B’s Café. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.
(At
ITEM #6 – MATTERS
RELATIVE TO GENESIS/
a) Approval of bid for construction – The following bids were received:
Base
Highways, Inc. $1,068,000 $289,000
P & C Construction $1,433,331.95 $264,893
City Engineer Shelia Knight
recommended that the project be awarded to Highways, Inc. for the base bid and
·
upgrade of 227’ of 8” waterline to 10” on
· upgrading the water line on Genesis from 6” to an 8” line at a cost of $49,000; and
· deduction of $5,000 for deleting the prime coat of asphalt.
Councilman Wyatt asked about inspection and management of
the project. It was explained that Pilot
Travel Centers will be managing and inspecting the
A motion was made by Mayor
Graham, seconded by Councilman Dean, that the bid of Highways, Inc. in the revised
amount of $1,420,000 for the Genesis and
An estimate was received from Volunteer Energy in the amount of $22,450 to re-locate their facilities on Genesis Road that are now located on private property. Approval of this cost was recommended.
A motion was
made by Mayor Graham, seconded by Councilman Duer, that approval be given to pay
Volunteer Energy $22,450 to relocate their utilities on
b) Acquisition – It was reported that all properties have either been acquired or the owners have signed agreements of sale with the exception of Greg Lack. City Attorney Chadwell reported that he has spoken with an attorney that has talked to Mr. Lack, but not been retained by him. He asked for authority to file condemnation petitions and to work through the City Manager for 7-10 days to establish a dialog and parameters for settlement to see if it could be worked out.
A motion was made by Mayor Graham, seconded by Councilman Kerley, that the City Attorney be authorized to file condemnation petitions for the Greg Lack property and that the City Attorney and City Manager be given 7-10 days to see if a settlement can be reached. Roll call votes: Ayes-(5)Dean, Duer, Graham, Kerley, Wyatt; Noes-(0). Motion carried.
ITEM #7 – CITY ATTORNEY’S
REPORT
No new lawsuits were reported.
ITEM #8 – CITY MANAGER’S REPORT
Dr. Miller presented the monthly revenue charts for local option sales tax and wholesale beer tax. Both revenue sources were up from the previous year. However, the June numbers have just been received and they were down 5%.
Mayor Graham asked Jerry Garrison about a request for a waterline on Hwy. 70N extending approximately one mile. The 15 residents signing the petition requesting the line have agreed to pay the tap fees. Mr. Garrison reported that they are in dire need for the water as their wells have dried up. In the past, the utility district combined 12-15 customers and grant funds to justify one mile of line. The matter was deferred to the Catoosa Advisory Board for a recommendation and cost estimates.
A grant from Tennessee Department of Transportation, Aeronautics Division, was announced in the amount of $500,000 for t-hangar construction.
Mayor Graham asked about the status of the bathroom and concessions building for the t-ball field/horseshoe pavilion area. City Manager Miller stated that the cost was submitted to Council for $498,000 and deferred. He further stated that he understood it could be reduced to bathrooms for about $100,000. Dr. Miller was asked to get more information.
Mayor Graham stated that Councilman Kerley was instrumental in including the skate park in the soccer complex project. He asked that it be located in an area across from the fire hall at Centennial Park and the inclusion of a climbing wall be considered.
Mayor Graham stated that he was interested in the SRO program being funded by the Board of Education. The City has sponsored them at no cost to the schools since 1998, although grants paid the cost for the first two or three years. Since the County has determined that the BOE should pay for the County officers, Mayor Graham asked for $97,097 reimbursement. Councilman Wyatt suggested negotiating for future years to be paid by the BOE without it being effective this coming year. Mayor Graham asked that the City Manager negotiate the contract with BOE. Councilman Duer suggested phasing in the payment over a couple years. He suggested that the City pay 100% for 2007-08, 50% for 2008-09, and 0% for 2009-10. Councilman Dean stated he would like to phase it in, but that the City pay it if they won’t. The matter was deferred to the City Manager.
With no
further business, the meeting was adjourned at