The
City Council for the City of
Roll Call.
Present: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent/Excused: Councilman Carl Duer, M.D. 2-12Others present were Interim City Manager Mike Turner, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Finance Director Fred Houston, Steve Miko, Ted Hennis, Ron Williamson, Chuck Gazlay, Bob Haston, Tonya Hinch, J. T. Drabek, Jerry Kerley, Kim Schmidt, Ben Tollett, Tamara Tollett, Kyle Tollett, Dana Sappier, Jim Roberts, Dann Dunham, Donna Jean Pedde, William J. Crawford, Larry Troxell, Ed Yoder, Daniel Sutton, A. Rivera, S. Rivera, C. Brown, C Simons, M. Brown, W. Brown, Darrell Sherrill, Gene S. Miller, Robert Sarazen, Wm. Guffey, J. Bruce Lecher, Chris South, Beth Alexander, Ronny Poulin, Ann Poulin, Jerry Garrison, Kevin Oakes, Jeff Kerley, Joe Miller, Frank Massaro, Steve Hill, Steve Lane, Al Cone, Judy Pearson, Vincent Tollett, Evan Sanders, Tim Begley, Barry Field, Jim Hilborn, Clark Annis, Art Wojta, Judy Wojta, David Simcox, Kim Burse, Ricky Burse, Jim Young, Christy Lewis, Dorothy Meharg, Art Meharg, and Margie Buxbaum.
Mayor
J. H. Graham, III called the meeting to order at
ITEM #1 – PRESENTATIONS
a) Student of the Month – The February “Student of the Month” award was presented to Kyle Tollett for the character trait “respect”.
b) Cable Television/AT&T – Deferred.
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 as presented:
a) Approval
of minutes (1/8, 1/17)
b) Approval
of resolution to submit a CDBG application for sewer system improvements in the
amount of $500,000
c) Approval
of resolution to designate the portion of Interstate 40 located in
d) 3rd
Reading of Ordinance renaming
e) 3rd
Reading of Ordinance amending the FY07-08 budget in the amount of $191,125 for
the Catoosa-Hwy. 127N pump station
f)
Approval of payment to Upper Cumberland Gas Utility
District in the amount of $17,147.50 for utility relocation costs on
Genesis/Cook roads improvement project
g) Approval
to purchase Christmas decorations from Dixie Decorations in the amount of
$5,285
h) Approval
of grant contract with the State of
i)
1st Reading
of Ordinance amending the FY07-08 budget in the amount of $10,000 for tree
planting grant
j)
Approval to purchase two handheld meter readers in the
amount of $7,000 from Sensus
k) Approval
to purchase 2008 patrol vehicle from Wilson County Motors under state contract
in the amount of $21,313
l)
Approval to purchase 2008 Ford F250 patrol vehicle
under state bid contract from Ted Russell Ford in the amount of $22,924
m) Approval
of contract with GRW Engineers in the amount of $7,000 for engineering services
to replace the Industrial Park and Holiday Hills pump stations
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
c) Approval
of resolution to designate the portion of Interstate 40 located in
A
motion was made by Mayor Graham, seconded by Councilman Wyatt, that the
resolution designating the portion of Interstate 40 located in the City of
ITEM #3 – MATTERS RELATIVE TO SEWER SYSTEM IMPROVEMENTS
Jim Hilborn and Evan Sanders provided an update on the progress and potential for the funding applications being submitted for the sewer system improvements. In 2006, a wastewater facilities plan was put together that included a plan to upgrade and expand the wastewater plant. The plan will increase the peak flows from 7 mgd to 15 mgd and be treated to higher standards. Two grant programs are being pursued. A pre-application should be ready to submit in the next few days to the U.S. Economic Development Administration in the amount of $1,000,000. It is expected that we will know in 30-60 days if the funds will be earmarked. The second grant application will be for a Community Development Block Grant (CDBG) in the amount of $500,000. That grant application will be submitted by the end of the month. A second CDBG application will be submitted in 2010 for an additional $500,000. It was pointed out that CDBG is a competitive program and those funds have been reduced by the federal government. An answer on the 2008 CDBG grant application is not expected until September or October. The remaining funds will be procured through the State Revolving Loan Fund, which currently has an interest rate around 1.25%.
ITEM #4 – MATTERS RELATIVE TO
A request was
submitted by Barry Field, on behalf of Crosstowne Corners, LLC, for the
annexation of 19.1 acres on
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that approval be given to the request of Crosstowne Corners, LLC and an ordinance annexing 19.1 acres on Peavine Road and the portion of Peavine Road necessary to connect be passed on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
ITEM #5 – MATTERS RELATIVE TO HEALTH INSURANCE
Interim
City Manager Mike Turner stated that a number of problems have surfaced with
the limited formulary in the current health insurance plan. The plan would change to the standard
formulary for prescription drugs and raise the co-pay for a doctor’s visit to
$30 and for a specialist to $50, effective
A motion was made by Councilman Dean, seconded by Councilman Kerley that the recommended adjustment to the health insurance plan raising the cost by $817.44 be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
ITEM #6 – MATTERS RELATIVE TO
Mayor Pro-Tem Wyatt reported that he had requested a compilation of time for the former employee discussed in January and learned that 67 hours of vacation had dropped over to sick pay because it hadn’t been used. Dr. Miller approved moving it back over to accrued vacation leave and he was subsequently paid for it. The Personnel Policy states that vacation hours exceeding 240 for full-time employees and 120 hours for part-time employees are rolled over to sick time. Finance Director Fred Houston estimated that the value of these hours would be around $800. Mayor Pro-Tem recommended that the former employee be required to return the money paid in violation of the Personnel Policy.
A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the City Attorney and Interim City Manager request the money back. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4); Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
Mayor Graham reported that the former City Manager has filed for unemployment and it has been approved by the State. The City has a right to appeal the decision. City Attorney Chadwell felt the claim should have been denied, but his experience is that an appeal would probably not be overturned by the State. With this information, City Council determined that because of time restraints and past history, it would be a waste of time and money to appeal.
Mayor Pro-Tem Wyatt asked for a policy to be put in place that would put a burden on any employee that issues checks in an amount of $5,000 or over without Council authority. Mayor Graham suggested creating an audit committee of the City Council to meet as needed to discuss some of the following:
- budget to actual by line item by variance;
- customer count for garbage;
- audit the water losses and compare the water meter readings which are now about 25% with a goal to reduce to 15%;
- discuss fine revenues;
- test check for water and sewer income;
- re-evaluate the City’s position on the fixed asset modules.
He asked the City Manager and Finance Director to coordinate the requests. When the info is ready, the committee will meet prior to the regular meeting and will include the City Manager, Finance Director and, if need be, any Department Head where the line items are exceeded.
A motion was made by Mayor Graham, seconded by Councilman Wyatt, that an audit committee be formed to meet on a regular basis. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
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SOLICITATION BOARD
An application was submitted by the Cumberland Shrine Club for their annual candy sale and paper give-away projects.
A motion was made by Councilman Dean, seconded by Councilman Kerley, that a Solicitation Permit be approved for the Cumberland Shrine Club. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
Crossville and
An application was submitted by the Crossville and Fairfield Glade Lions’ Clubs for their annual White Cane project.
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that a Solicitation Permit be approved for the Crossville and Fairfield Glade Lions’ Clubs. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
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L & J Market and Deli
An application for an on- and off-premises beer permit was submitted by Jason C. Guilmain dba L & J Market and Deli located at 364 Hwy. 70E. A clear records report was given on the applicant.
A motion was made by Councilman Dean, seconded by Councilman Kerley, that an on- and off-premises beer permit be issued to Jason C. Guilmain dba L & J Market and Deli. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
Martino’s Pizza & More
An application for
an on-premises beer permit was submitted by Martin Ayala dba Martino’s Pizza
& More located at 162 Woodmere Mall.
A clear records report was given on the applicant.
A motion was made by Councilman Kerley, seconded by Councilman Dean, that an on-premises beer permit be issued to Martin Ayala dba Martino’s Pizza & More. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
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ITEM #7 – MATTERS RELATIVE TO EMPLOYEE PERSONNEL HANDBOOK
Mayor Pro-Tem Wyatt reviewed the policy on nepotism in the handbook. There are two departments currently in violation---Water Resources and the Catoosa Water Department. The situation at Catoosa existed at the time of the merger. The situation for two of the employees in the Water Resources existed prior to the adoption of the current policy. He further stated that the other employee in Water Resources was transferred in by the former City Manager, but not at the request of the employee.
Mayor Graham stated that the merger agreement with Catoosa addressed the situation in that department. The two employees in Water Resources were in that department prior to the personnel policy and should have been addressed at that time. Councilman Dean stated that it the situation had been going on in the Water Resources Department for many years, but he agreed that the policy should be strictly adhered to. Councilman Kerley abstained from the discussion due to his relationships with employees in question. Mayor Pro-Tem Wyatt commented that both are well run departments and the discussion was, in no way, a reflection on them personally.
A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the 3 employees in the Water Resources Department and the 2 employees in the Catoosa Water Department be grandfathered in, but that from this day forward the nepotism policy be strictly adhered to according to the personnel handbook. Vote: Motion passed (summary: Yes = 3, No = 0, Abstain = 1). Yes: Councilman Earl Dean, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Abstain: Councilman Jesse Kerley; Absent: Councilman Carl Duer, M.D.
ITEM #8 – MATTERS RELATIVE TO FBO AT CROSSVILLE MEMORIAL AIRPORT
Mayor
Pro-Tem Wyatt asked Mark Burris from Crossville Aero to give a report on the
operations at the airport. Mr. Burris
stated that since they took over on
- full-service fuel at low price;
- purchased a tug;
- after-hours jet fueling;
- on-site rental car service;
- IFR flight simulator;
- 3 flight instructors;
- IFR plane
- full-time maintenance service;
- cleaned out large maintenance hangars;
- $50M fuel liability policy; and
- regular inspections of the airport for repair and maintenance needs.
Public Works
Director Tim Begley will be appearing in
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the revisions to the Minimum Standards for Fixed Base Operations and the questionnaire score sheet be approved and the FBO services re-bid. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
(The revised Minimum Standards for Fixed Base Operations are attached and made a part of these minutes.)
ITEM #9 – MATTERS RELATIVE TO RAW WATER SUPPLY
Mayor
Graham reported on the drought reports from TVA and that it appears it will
take some time to recover from the lack of rainfall. Barry Field was requested to provide some
information on studies that he has done on
Mayor
Pro-Tem Wyatt remarked that it appeared that the Army Corps of Engineers has
not been able to produce the work and appears to have delayed the work that the
City had already started through the work of ECE Services. He asked that the City get the job done even
if the City has to pay all the costs.
Mayor Graham
stated that since 1996 the City has developed a program to indicate the
population growth and water demand for
ITEM #10 – CITY ATTORNEY’S REPORT
City Attorney Kenneth Chadwell reported that no new lawsuits have been filed. He is continuing to work on a draft contract with the Cumberland Cove POA. The latest draft was presented; however, it will require further changes. Mayor Graham reported on a pending grant/loan application through Rural Development. The Finance Director reviewed a financial plan for the project that does not assume any grants, although $1,325,000 has been requested in grant funds. Mayor Pro-Tem Wyatt stated that he believed the assumptions on taps are overstated. He also expressed concern about tap fees only being collected as the customers come on board rather than in advance. It was noted that if the grant is approved, the note payments would be reduced by over $1,200,000. It is unknown when an answer will be received on the grant. Mayor Graham agreed that the grant would the key to making the project work financially, as well as the need for rainfall. He asked that the attorneys continue to work on the contract, but make it dependent on receiving the grant. The City Attorney asked that the contract be approved by ordinance on first reading with the understanding that it would be contingent on the grant and that it can be amended throughout the readings.
A motion was made by Mayor Graham, seconded by Councilman Wyatt that the proposed contract with the Cumberland Cove POA be approved on first reading with the understanding that it will be contingent on the grant and that it can be amended throughout the three readings. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
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ITEM #11 – INTERIM CITY MANAGER’S REPORT
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the FY06-07 be accepted. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
In other matters, he reported:
· $10,090 was received from construction permits in January
· $31,266 is being refunded by TML due to low claims on workers compensation and the rates will be going down. They are refunding $8,500,000 across the State due to the low loss ratio.
· Salary adjustment – At the recommendation of the Finance Director, Mr. Turner recommended that Suzanne Boyer be given a 5% increase since she has been doing double-duty as the receptionist.
A motion was made by Mayor Graham, seconded by Councilmen Kerley and Dean, that the increase be approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
· Salary adjustment – Mr. Turner recommended that Chris South be given a 10% raise since he makes less than other officers under his command and is now doing the Fire Chief’s job.
A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the increase be approved and the situation be reviewed again at budget time. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
·
Temporary pump and haul request from
A
motion was made by Mayor Graham, seconded by Councilman Dean, that the request
from
· Palace Theater report – Recognizing the significant changes at the Palace, Council requested that a letter of commendation be sent to Palace Administrator Terry Ashburn and the Palace Advisory Board.
·
· Bids on Catoosa pump station – Bids were received earlier in the day. (A copy of the bid tabulation is attached and made a part of these minutes.) The low bid of Putnam Contracting Services in the amount of $163,000 was recommended by the consulting engineering for acceptance.
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the low bid of Putnam Contracting Services in the amount of $163,000 be accepted on the Catoosa pump station. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
· Bids on crew cab utility bed pick-up for Water Resources – Bids were received earlier in the day. (A copy of the bid tabulations is attached and made a part of these minutes.) The low bid of Alexander Ford did not meet specifications. The Director of Water Resources recommended acceptance of the lowest bid meeting specifications, which was from Dave Kirk Chevrolet in the amount of $28,649.59.
A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the bid of Dave Kirk Chevrolet in the amount of $28,649.59 on a 2008 Silverado be accepted. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
ITEM #12 – MATTERS RELATIVE TO CITY MANAGER POSITION
The current job description for the City Manager position was presented for review. In the previous search for a City Manager, the City advertised in the Knoxville News Sentinel, Crossville Chronicle, Tennessean, TML Town and City, Tennessee City Manager’s Association newsletter, Tennessee Career Center, and Nation’s City’s Weekly, a publication of the National League of Cities. The matter was deferred for a final decision at the March meeting.
ITEM #13 – MATTERS RELATIVE TO STREET
A
letter was presented from L. E. Smith requesting street lights on
ITEM #14 – MATTERS RELATIVE TO SUBSTANDARD STREETS
Public Works Director Tim Begley submitted detail for
eight streets that are not official City Streets although they do have the
required rights of way and are located inside the city limits:
Also submitted was detail showing three streets (
The matter was deferred for further discussion at the budget hearing. Mayor Graham asked for a budget number on the costs to bring the utilities and roads up to City specifications and for abutment reports for the roads in question.
Frank
Massaro from Creative Compassion spoke on
ITEM #15 – MATTERS RELATIVE TO
A letter was
received from the Tennessee Department of Transportation requesting that sewer
service be extended to twelve to sixteen tracts whose septic systems will be
impacted by the road improvements on
A motion was made by Mayor Graham, seconded by Councilman Dean, that the request from TDOT to extend sewer services to the tracts in the agenda package with one parcel being inside the city limits and the remaining properties located outside the city limits be approved, which would include sewer service, easements and sewer tap funding being covered by TDOT and with the State providing engineering, construction, and all other costs, and that sewer service would not be available to other properties located outside the City limits, along the new line, without annexation. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.; Absent: Councilman Carl Duer, M.D.
With
no further business, the meeting was adjourned at