The City Council for Crossville, Tennessee met in regular session on Tuesday, August 14, 2007 at Crossville City Hall.

 

Roll Call.

Present: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

Also present was City Manager Dr. Jack Miller, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Frank Drabek, Jim Young, Fred Houston, Fred Sherrill, Joe Miller, Corey Legare, John Legare, Tim Begley, Carolyn Jozwiak, Bill Oglesby, Charles Daugherty, Shelia Knight, Jim Hilborn, Vincent Jozwiak, Nancy Backus, Larry Backus, Roger Thackston, Holly Neal, Gerry Garrison, Mike Turner, Mark Fox M.D., Billy Swafford, Bill Haynes, Bib Giebitz, Dewey Peterson, Fances Carson, Beth Sherrill, Barbara Couch, Bob Couch, David Simcox, Ronnie Webb, Buleah Webb, Charlotte Medley, J. C. Ford, Louane Ford, Valerie Hale, Christy Lewis, David Corless, Clark Annis, Sandra Harrison, Jim Petty, Vancienetta Wisdom, John Sherrill, Nan Evans Beesley, Beth Petty, Dortha Burgess, Lynn Carson, Eric Buechel, Linda Daugherty, Mary Lou Mitchell, Grace Petty, Nick Mayberry, and Jim Young.

 

            Mayor J. H. Graham, III was presiding and called the meeting to order at 6:00 p.m.  The invocation was given by Dewey Peterson of the New Beginnings Fellowship Church.  Mayor Graham led the Pledge of Allegiance.

 

 

ITEM #1 – PRESENTATIONS/APPOINTMENTS

a)      Certificates to Tree Board Members – Billy Swafford and Roger Thackston, retiring members of the Tree Board, were presented Certificates for their service.

b)      Water Environment Association Operation Excellence Award – Clark Annis of Veolia, presented the WEA KY/TN Operations Excellence Award for continued outstanding operation of the Crossville Wastewater Treatment Facility.  This is the fourth year in a row to receive this award.

c)      Palace Advisory Board – Councilman Kerley announced his appointment of Jim Purcell to replace Melanie Sherrill, who resigned recently.

 

 

ITEM #2 – CONSENT AGENDA

a)      Approval of minutes (7/10, 8/6)

b)      Annexation of 6.75 acres on Woodlawn Road (L.E. Smith)

i)        3rd Reading of ordinance

ii)       Resolution approving a Plan of Service

c)      2nd Reading of ordinance annexing 5.05 acres on Woodlawn Road (Greg Bowman)

d)      1st Reading of ordinance annexing 0.30 acres on Myrtle Avenue/Cedar Court (Linda Rose) and approve connection to the sewer line prior to final reading

e)      3rd Reading of FY2007-08 budget amendment in the amount of $20,376.36 for Governor’s Highway Safety Grants

f)        Approve temporary street closings for Special Olympics parade on Saturday, August 25, beginning at 5:00 p.m.

g)      Accept Riverview Drive and South Riverview Lane in Riverview Estates Subdivision, Phase II as city streets – PULLED FROM CONSENT AGENDA

 

Mayor Pro-Tem Wyatt asked that the minutes of July 10, 2007 be amended to state that the selection of VolFirst for local telephone service under item #5 was due to the savings of $3,600 per year.  The amendment was accepted by all members of Council.

 

A motion was made by Councilman Dean, seconded by Councilman Duer, that items “a - f”, on the consent agenda be approved as presented.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).

Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

g)      Accept Riverview Drive and South Riverview Lane in Riverview Estates Subdivision, Phase II as city streets

 

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that Riverview Drive and South Riverview Lane in Riverview Estates Subdivision, Phase II be accepted as city streets.  Vote: Motion passed (summary: Yes = 4, No = 0, Abstain = 1).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  Abstain: Mayor J. H. Graham, III.

 

            Mayor Graham abstained from the vote due to his relationship with the developers.

 

 

ITEM #3 – PRESENTATION BY DOWNTOWN CROSSVILLE, INC. ON DOWNTOWN REVIALIZATION PROPOSALS

 

            Frances Carson, representing Downtown Crossville, Inc., presented their proposal for revitalization of the downtown area.  They requested a work session to be scheduled for the different committees to discuss their research and proposals with the Council.  Mayor Graham asked that the work session be set through the City Manager and City Clerk.  Mayor Pro-Tem Wyatt commented that their proposal was very thorough with good ideas that appear to be achievable.  Councilman Dean stated that the proposal was the best he has seen.  Councilman Duer asked for an understanding of Downtown Crossville and the area it encompasses.  Mrs. Carson stated that they are a sub-committee of Downtown Crossville, Inc. and have defined the area as Water Tank Hill to Neecham Street and West Avenue to Webb Avenue. 

 

            David Corless spoke to the Council voicing his desire to request that the merchants do their part by sweeping the area in front of their stores every morning and watering the trees.

 

 

ITEM #4 – MATTERS RELATIVE TO MODEL RAILROAD CLUB

 

            Mayor Pro-Tem Wyatt discussed a possible donation to the Model Railroad Club to support their activities at the outlet mall.  They had previously requested $9,010, but were not approved for funding.  He recommended a one-time donation of $1,000.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that a one-time donation in the amount of $1,000 be made to the Model Railroad Club.  Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  No: Mayor J. H. Graham, III.

 

 

ITEM #5 – MATTERS RELATIVE TO WASTEWATER FACILITY IMPROVEMENTS

 

            Mayor Graham discussed proceeding with the upgrades and expansion plans for the wastewater treatment facility contained in the January 2006 wastewater facilities plan.  Clark Annis reported that a service plan has been developed to prepare for growth and protect the Obed River and other streams, and the environment.  Since the last upgrade, there have been a number of technological upgrades developed which would be advantageous in producing a higher quality effluent and a higher peak pumping capacity.  In looking toward a project and seeking all funding options, it appears to be a good time to solicit proposals for engineering and administrative/management services.  Currently, the plant is running 2.2 mgd per day with a 3.5 mgd design capacity.

 

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that authorization be given to solicit proposals for engineering and administrative/management services for the wastewater facility improvement project.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

(At 6:35 p.m. the regular meeting was recessed and the Solicitation Board convened.)

 

 

SOLICITATION BOARD

 

Charles Strayer on behalf of Kids on the Rise

            An application was received from Charles Strayer to conduct a motorcycle ride and car show on September 29 to benefit Kids on the Rise.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that a Solicitation Permit be issued to Charles Strayer to raise funds on behalf of Kids on the Rise.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

Fairfield Glade Lions Club

            An application was received from Fairfield Glade Lions Club to conduct their annual cheese sale which will take place from September through December.

A motion was made by Councilman Duer, seconded by Councilman Dean, that a Solicitation Permit be issued to the Fairfield Glade Lions Club.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

United Fund of Cumberland County, Inc.

            An application was received from the United Fund of Cumberland County, Inc. to cover their 2008 pledge/fund-raising campaign to begin in August.

A motion was made by Councilman Dean, seconded by Councilman Kerley, that a Solicitation Permit be issued to the United Fund of Cumberland County, Inc.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

(At 6:38 p.m. the Solicitation Board was adjourned and the Beer Board convened.)

 

BEER BOARD

Short Stop Market

            An application was received from Danny Patel dba Short Stop Market for an off-premises beer permit at 976 Lantana Road.  Lt. Fred Sherrill recommended approval.

A motion was made by Councilman Duer, seconded by Councilman Kerley, that an off-premises beer permit be issued to Danny Patel dba Short Stop Market.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

Wal-Mart Supercenter #687

            An application was received from Wal-Mart Stores East, LP dba Wal-Mart Supercenter #687 for an off-premises beer permit at 2542 N. Main.  Lt. Fred Sherrill recommended approval.

A motion was made by Councilman Duer, seconded by Councilman Kerley, that an off-premises beer permit be issued to Wal-Mart Stores East, LP dba Wal-Mart Supercenter #687.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

(At 6:40 p.m. the Beer Board was adjourned and the regular meeting re-convened.)

 

 

ITEM #6 – MATTERS RELATIVE TO SALARY ADJUSTMENT FOR CITY JUDGE

 

            Mayor Pro-Tem Wyatt proposed that the salary of the City Judge be increased by $100 per month, retroactive to July 1, 2007.

 

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the salary of the City Judge be increased from $1,000 per month to $1,100 per month, retroactive to July 1, 2007 and that an ordinance amending the FY07-08 budget be passed on first reading.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #7 – MATTERS RELATIVE TO CHANGE ORDER #1 – GENESIS ROAD IMPROVEMENTS

 

            Catoosa personnel requested additional work on the waterline installation on Crabtree Road.  This work has been completed at a cost of $1,402.

 

A motion was made by Councilman Dean, seconded by Councilman Kerley, that change order #1 in the amount of $1,402 to the contract of Highways, Inc. for the Genesis Road improvements project be approved.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #8 – CITY ATTORNEY’S REPORT

 

            City Attorney Chadwell stated that a lawsuit has been filed and sent to the insurance carrier.  In other matters:

·        The City took possession of the Lack property on Cook Road last week.  The only issue remaining is the value of the property. 

·        Final papers have now been filed that closes out the appeal on the SCUD consolidation lawsuit. 

·        A report was requested for the September meeting on possible amendments to the abandoned and inoperable vehicles law.

 

 

ITEM #9 – CITY MANAGER’S REPORT

 

            City Manager Dr. Jack Miller presented the monthly revenue reports for local sales tax and wholesale beer.  Sales tax for July was significantly higher than last year; however, this month’s revenues are at the same level as last year.  Wholesale beer revenues were slightly behind last year.  The following project updates were provided:

·        Raw water study permitting project – It was reported that the Army Corps of Engineers are still without new funding, but a supplemental appropriation of $200,000 is being pursued by Rep. Lincoln Davis. 

·        The Holiday Lake dam and bridge report is under review by TDOT.  As soon as they complete their review, the project can be bid.

·        Traffic signal at Miller and Livingston is on the TDOT bid letting list at the end of this month. 

·        Traffic signal at Tenth and Miller – The poles are expected in a couple of weeks and should be installed shortly thereafter. 

·        Soccer complex site work is almost complete.  The design of the soccer buildings, t-ball restrooms, and site design for skate park have not been completed and are running a week or so behind.  It is hoped that it will be able to bid in time for an award at the September meeting. 

·        The motion for the extension of the Hwy. 70N water line was contingent on tap fees being paid within 30 days.  Of the fifteen property owners, ten had paid their fees.  They have requested a time extension of 30 more days to get the remaining paid. 

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that a thirty-day extension be granted on the payment of tap fees for the Hwy. 70N waterline.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

·        FBO – Mayor Pro-Tem Wyatt reported that Highland Aviation has let the City down and run out of fuel a couple of times since the City attempted to help him and has been less than truthful.  Mayor Graham stated that it was his understanding that the contract called for a 30 day notice and that if he did not voluntarily remove himself or work out an agreement, he would have 30 days to amend the deficiencies.  There is no equipment that belongs to the City.  It was recommended that we not buy back any of the equipment that we sold him.  Mayor Pro-Tem Wyatt stated that the City Manager has been forwarding deficiences to Highland Aviation for some time.  The City Attorney recommended giving Highland Aviation a 30 day notice of default under his contract and that the motion not be to terminate, but to place him on notice of defaults and make arrangements in the event of termination and to grant the City Manager authority to make the transition.  Since the Mayor Pro-Tem felt like the notice had already been given, the motion remained as stated.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the City Manager and City Attorney be authorized to move to terminate the contract between the City and Highland Aviation as soon as possible, in the most expedious manner, and that the City Manager be given full authority to administer all aspects regarding the departure of the present FBO at the Crossville Airport and enter into any and all agreements to place an interim FBO there, until such time as we have studied our options in regards to this matter.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

·        On September 11, the local ministerial association is holding a memorial service for the events of 9/11 at 6:30 p.m.  Mayor Graham requested that the City Council’s regular meeting scheduled at that time be held earlier to allow for participation in the service.

A motion was made by Mayor Graham, seconded by Councilman Dean, that the September 11 regular meeting be changed to 4:30 p.m.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

·        Jerry Garrison reported that Green Brothers has agreed to honor their price, except any price increase in materials, on the Hwy. 70N waterline extension, but that it might take longer to complete if they have another job before a decision is made

 

 

ITEM #10 – MATTERS RELATIVE TO AGREEMENT WITH TDOT FOR CONSTRUCTION OF BRIDGE AND APPROACHES ON STATE ROUTE 101 (PEAVINE ROAD)

 

            Because the Peavine Road bridge is located in the City limits, a proposal was received from TDOT covering joint interests in the area, such as utility easements, traffic control devices, traffic signage, frontage roads, etc.  The project itself is being fully funded by TDOT.

 

A motion was made by Councilman Duer, seconded by Councilman Kerley, that the TDOT proposal for construction of bridge and approaches on State Route 101 (Peavine Road) be accepted.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

(At 7:05 p.m. Mayor Graham relinquished the gavel to Mayor Pro-Tem Wyatt and left the room due to his relationship with William Graham.)

 

ITEM #11 – MATTERS RELATIVE IN IMPROVEMENTS TO NORTHSIDE DRIVE

 

            A proposal was presented from William F. Graham for improvements to Northside Drive.  Mr. Graham proposes to make Planning Commission-required improvements to Northside Drive from the east side of the railroad bed to the eastern intersection of Riverview Drive and Northside Drive.  In exchange, he requests that the City pave the western section of Northside Drive up to Planning Commission standards.  If this is acceptable, he will dedicate a 50’ temporary right of way.  When the Northwest Connector is constructed, he will deed the right-of-way necessary for that road to the City.  When the Northwest Connector is completed, the right-of-way not needed for the Northwest Connector will revert back to him.  The City Manager recommended the project as a joint venture.  The City’s portion is already included in the budget.  Councilman Dean reminded everyone that the portion being resurfaced by the City is already an accepted City street.  The cost is estimated at $32,000.

 

A motion was made by Councilman Dean, seconded by Councilman Duer, that the proposal of William Graham for improvements to Northside Drive be accepted.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  Absent: Mayor J. H. Graham, III.

 

(At 7:10 p.m., Mayor Graham returned to the meeting and resumed his position.)

 

 

ITEM #12 – MATTERS RELATIVE TO PURCHASE OF FIREFIGHTING BREATHING EQUIPMENT

 

            Approval was requested for the purchase of self-contained breathing apparatus from NAFECO, who is the sole supplier for the Survivair breathing appartus used by the Fire Department.  The cost is $63,975 and would include 7 new standard firefighting breathing apparatus, 4 hazardous materials compliant breathing apparatus, 65 voice amplifiers, and 3 personal masks for new firefighters.  Fire Chief Turner reported that the 7 reserve air packs were put on the new engine and need to be replaced to be available in reserve. 

 

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the purchase of firefighting breathing equipment from NAFECO at a cost of $63,975 be approved.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #13 – MATTERS RELATIVE TO PURCHASE OF POLICE TACTICAL VESTS AND TRAUMA PLATES

 

Approval was requested to purchase 12 Rapid Response Tactical Vests at a purchase price of $1,154 each and the purchase of 12 Level IV Trauma Plates at a purchase price of $275 each.  The items are on State Bid #4034286 from GT Distributors.  The total cost is $17,148.  The Police Chief and City Manager recommended the purchase.

 

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the purchase of tactical vests and trauma plates from GT Distributors at a cost of $17,148 be approved.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

            With no further business, the meeting was adjourned at 7:20 p.m.