The City
Council for the City of
Present: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr. Others present were Interim City Manager Mike Turner, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, David Beaty, Dennis Gregg, Kevin Dean, Jeff Kerley, Kyle Eldridge, Tim Begley, Fred Houston, Matt Daugherty, Jim Mitchell, George Graham, Jim Gilliam, Rob Harrison, Mike Moser, Willard Dale, Troy Shaver, Kevin Oakes, Clarence White, Lyn White, Chuck Burgess, Megan Burgess, J. R. Westerbeck, W. A. Westerbeck, Jackie Baker, Bill Brown, Craig Brown, Mary Ann Brown, H. Simons, M. Simons, Emily Woodle, Joe Miller, Duane Howe, Jerry Garrison, Gladene Gordon, Christi Daugherty, Tyler Daugherty, Frances Carson, Tammy Garrett, Amanda Merritt, Andrea Haskins, Dean Bennett, Jerry Kerley, Steve Lane, Christy Lewis, Jenny Harris, Levoy Knowles, Teresa Knowles, Clark Annis, Joe Kerley, Chris Bennett, Steve Hill, Dorothy Meharg, Art Meharg, Kyle Dunn, Alan Pedigo, Mark Burris, and Margie Buxbaum.
Mayor J. H.
Graham, III was present and presiding and called the meeting to order at
ITEM #1 – STUDENT OF THE MONTH
Mayor Graham presented the March “Student of the Month” award to Tyler Daugherty who exemplifies the character trait “fairness”.
ITEM #2 – 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 (
b)
Approval of TCRS employer contribution rate effective
c) Approval to purchase 8 Hach turbidimeters from Hach Company for a total cost of $17,145.60 – Water Resources
d)
Declare 1999 Ford F150 4 x 4 truck (Police Department)
as surplus property and approval of sale to City of
e)
1st
f)
2nd
g) 2nd Reading of ordinance annexing 34.9 acres on Peavine Road (Crosstowne Corners) – [City Clerk Sally Oglesby reported that the three parcels owned by the Brown family have been added, bringing the total acreage to 109.3.]
h)
2nd
i) 1st Reading of ordinance amending the FY07-08 budget to combine Animal Control funding with the Police Department in the amount of $31,097.39 – PULLED FROM CONSENT AGENDA
j)
Approval of invoice from Field’s Engineering Consultant
Services on the
k)
1st
l) Approval to refund employee Bobby Sells $128.99 for cost of prescription not covered by drug card
m)
Approval to award bid for Woodmere Water Storage Tank
recoat to low bid of J & W of
n) Approval to award bid for industrial mower to low bid meeting specifications of Mountain Farm International in the amount of $6,299
o) Approval to submit grant applications for a Network Coordinator and Alcohol Enforcement Program through the Governors Highway Safety Office and TCCY, with no local funding required
p) Approval to submit a partnership grant application with VORP for enforcing underage drinking laws, with no local funding required
q)
Approve temporary street closings around Memorial Park
on Monday, May 26, from
r) Approval of Change Order #2 with W & O Construction on the soccer, t-ball, and skatepark project in the amount of $7,121.78, all of which to come from contingency allowance included in contract amount
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.
e) 1st
A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the ordinance adopting regulations pertaining to stormwater facilities 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.
f) 2nd Reading of ordinance approving a contract with the Cumberland Cove POA for water services, contingent on receipt of grant from Rural Development
Councilman Wyatt stated that he has received a number of letters expressing displeasure with the way that the POA has handled the matter. Councilman Duer declared that he was not in favor of the project. City Attorney Chadwell reported that he had talked to their attorney and they indicate that the majority of the owners are in favor of the project. He further stated that the City Council needs to stay out of the internal strife and be more concerned that the City is protected with the proper Letter of Credit and the financial obligations if they want to proceed with the project. Mayor Graham reported that he had attempted to get in touch with Jerry Jolley with Rural Development on the $1.3M grant/loan application, but was unable to get a status update.
A motion was made by Mayor Graham, seconded by Councilman Dean, that the ordinance approving a contract with the Cumberland Cove POA for water services be passed on second reading, contingent on receipt of a grant from Rural Development. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = 0). Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III; No: Councilman Carl Duer, M.D, Mayor Pro-Tem Boyd Wyatt, Sr.
i) 1st Reading of ordinance amending the FY07-08 budget to combine Animal Control funding with the Police Department in the amount of $31,097.39
Chief Beaty reported that the Animal Control Officer resigned in November 2007. He assigned this position to a certified officer that was on light duty. Since then, the officer has come off light duty and permanently assigned to this position, which takes about 60% of his time. He believes that it is working better to have a certified officer in this position and recommended combining the departments.
A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that the ordinance amending the FY07-08 budget to combine Animal Control funding with the Police Department in the amount of $31,097.39 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.
m) Approval to award
bid for Woodmere Water Storage Tank recoat to low bid of J & W of
Mayor Graham inquired about the design to be painted on the tank. Engineer Alan Pedigo reported that it is slated to be painted a solid color and that any logo would add to the cost. Council indicated a desire for have a logo added and will discuss the matter further at a later date.
A
motion was made by Councilman Wyatt, seconded by Councilman Dean, that the bid
for the Woodmere Water Storage Tank recoat be awarded to the low bid of J &
W of
ITEM #3 – MATTERS RELATIVE TO BIDS ON FIXED BASED OPERATIONS AT CROSSVILLE MEMORIAL AIRPORT
Bids were
solicited for firms interested in providing Fixed Base Operation services at
An additional proposal is that they would provide airport management services to the City for an annual fee of $39,000, which would include attendance at all necessary airport meetings, but the City would be asked to reimburse expenses for attending the meetings. They expect to aggressively market fuel sales with a goal of increasing sales to 15,000 gallons of month. If they were to meet that goal, the City would realize additional revenue of $750.00 per month.
Mayor Pro-Tem Wyatt pointed out that there is not a current five year plan in place, which needs to be done.
A
motion was made by Councilman Wyatt, seconded by Mayor Graham, that the
agreement with Crossville Aero for fixed based operation services and
management services at
ITEM #4 – MATTERS
RELATIVE TO HUMANE SOCIETY
Mr. Douglas
Fields, representing the Humane Society presented a proposal for a contract
between the City and the Humane Society whereby they will only provide services
for the city. The annual donation would
decrease to $26,000 to reflect the average number of animals delivered to them
by the City’s Animal Control Officer. In
FY07-08, the donation amount was budgeted at $31,250. Chair Amanda Merritt reported that the
excavating and foundation has begun on the new building with the building
construction to begin next week. Several
grants have been applied for, but they will not know until after April if they
are funded. They expect to continue at
the old facility until
Mr. Fields also asked for approval of a contract to cover the rest of this fiscal year. The City Attorney stated that he recommended approval.
A motion was made by Councilmen Dean and Duer, seconded by Councilman Kerley, that a contract with the Humane Society for services through June 30, 2008 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 #5 – MATTERS RELATIVE TO CROSSVILLE BEAUTIFICATION COMMITTEE
Item deferred due to no one in attendance to present the request.
ITEM #6 – MATTERS RELATIVE TO REQUEST FROM CROSSVILLE ARTS COUNCIL REGARDING DOWNTOWN MURAL PROJECT
A request
was presented from the Crossville Arts Council for funds for the Downtown Mural
Project, currently underway on
A
motion was made by Councilman Wyatt, seconded by Mayor Graham, that the request
be approved contingent on the county funding, that a budget amendment be passed
on first reading, and that approval be given for the temporary closing of W.
Fifth Street from Main to Rector for the block parties during the painting of
the mural on Friday and Saturday nights from March 19 through the end of the
April from
ITEM #7 – MATTERS
RELATIVE TO
Chuck
Burgess presented a proposal regarding the required engineering services to
proceed with the project at Meadow Park Lake.
Mayor Graham pointed out that the requirements of Safe Dams may not be
the same as the City’s in regards to the future expansion of the dam. Mr. Burgess stated that Safe Dams has
requested a stability analysis in addition to the stoppage of the leaks. Both goals are addressed in the
proposal. Mayor Graham asked for a chart
clearly indicating what they consider will be the scope of the project and a
timeline. It was pointed out that the
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that ECE Services be authorized to continue the project as outlined in the proposal and go forward as fast as possible. 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 – MATTERS RELATIVE TO CITY MANAGER RECRUITMENT PROCESS
Discussion was held on when and where to advertise the position. Council decided to remain with the interim position for a short period of time to get past the budget process.
A motion was made by Councilman Duer, seconded by Mayor Graham, that the process of hiring a permanent City Manager start with advertisements on June 1, not to include advertising in Nations City Weekly. 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 #9 – MATTERS
RELATIVE TO PURCHASE OF APPROXIMATELY
L. E. Smith requested that the City waive its right of first refusal on the purchase of 0.10 acres from VEC. He would like to purchase the land to provide a turn around area for the new 40,000 sf warehouse facility currently under construction.
A motion was made by Mayor Graham, seconded by Councilman Dean, that the City waive its right of first refusal on the 0.10 acres contemplated for sale by VEC to L. E. Smith. 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 #10 – MATTERS
RELATIVE TO PUBLIC WORKS
Councilman Kerley stated that he has been concerned since the January meeting that the City Manager was fired over the payment of sick time, but no action was taken against any of the other parties involved in the payment. In discussions with the Interim City Manager, he was told that Tim Begley had made statements after the January meeting that he thought that the payment of the sick time was the right thing to do. He also made statements that he had prevented the auditor from auditing the Public Works Department. Based on that information, Councilman Kerley stated that he believed that Mr. Begley was an unfit supervisor and a liability to the City of Crossville.
A motion was made by Councilman Kerley, seconded by Councilman Wyatt for further discussion, that Tim Begley be terminated for the payment of sick time and deterring our auditor and the City Manager be granted the power to appoint an interim Public Works Director and the City Manager is to immediately advertise for a new Public Works Director. The motion was withdrawn.
In response
to a question from Mayor Graham, Interim Manager Turner responded that the
comments attributed to him were correct.
He took no disciplinary action over the statements or actions. Councilman Kerley further stated that the
auditor might have found that when grinder pumps are re-wound and the copper
wiring is scrapped, there is no evidence that the money is returned to the City
funds. This would be a violation of city
policy. He estimated that approximately 76
pounds of copper should have been scrapped during the year, which would be
valued at $300 for grinder pumps.
City
Attorney Kenneth Chadwell advised that the Council must follow the policies
contained in the Personnel Manual with the City Manager giving notice to Mr.
Begley about a hearing before the Personnel Board. He did not recommend the Council taking summary
action. He would recommend letting an
investigation proceed and, if the City Manager deems fit, the notice be put out
for the employee hearing to be held. It
was at this point that the motion was withdrawn by Councilman Kerley and
Councilman Wyatt.
A
motion was made by Councilman Kerley, seconded by Mayor Graham, that the City
Manager charge Mr. Begley with the above-mentioned items and have a formal
meeting with Mr. Begley to answer these allegations and give the Council his
recommendation. 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.
Mayor Graham asked for a thorough review by the Interim City Manager regarding why the auditor did not audit at Public Works and why the reported incident regarding the auditing of Public Works did not appear in the audit.
ITEM #11 – MATTERS RELATIVE TO REQUEST FROM VOLUNTEER WIRELESS, LLC dba BLTV FOR A CABLE TELEVISION SYSTEM FRANCHISE
Attached is a proposed franchise agreement with Volunteer Wireless, LLC dba BLTV for cable television. This agreement was negotiated between their representatives, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, and John Howell, the City’s consultant and auditor for cable television franchises. It is recommended by all for approval.
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the ordinance granting a franchise to Volunteer Wireless, LLC dba BLTV for a cable television system 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 #12 – MATTERS
RELATIVE TO CITY AUDITOR
A
motion was made by Councilman Kerley, seconded by Mayor Graham, that the City receive
Requests for Proposals for a
Councilman Kerley stated his reasons for this motion as that the same person has been auditing the City for around eight years and thought it would be good to see if we could get a better price.
ITEM #13 – CITY ATTORNEY’S REPORT
In response
to a question by Council, City Attorney Kenneth Chadwell reported that there is
no time limit for advertising for a City Manager in the Charter. In other matters, Mr. Chadwell reported an
abatement problem at
A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the City Attorney be authorized to move forward with filing a suit in Chancery Court for 206 North St.. 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 #14 – INTERIM
CITY MANAGER’S REPORT
In other updates:
· Holiday Dr. – The bids are coming in on March 18. The bid documents indicate that the City will not lower the lake and the contractor will have a maximum of 120 days for complete closure of the bridge. The City will provide detour signage away from the site.
· Deerfield Road straightening – An appraisal of the properties is expected very soon. After it is received, an offer will be made to the two property owners. Once the acquisition is complete, the extension will be built by City crews.
· Beautification Committee – The group is currently addressing litter problems. Through an agreement with the Master Gardeners, the Master Gardeners will take over the plantings at City Hall and on Main Street. The City Clerk reported that the City will pay for the planting materials with the Master Gardeners doing the planning and planting. This is the same arrangement we had with the Beautification Committee.
· Cumberland Mountain State Park sewer project – The project is on schedule. The design is 85% complete and has been submitted to TDOT for final alignment and plan approval. Bidding is planned for May 2008.
· Tree Board – Councilman Duer questioned a request for funding of the Urban Forester at $6,000 a year. The City Clerk reported on the recent work of the Urban Forester that was paid partially by a grant. The matter was deferred to the budget hearings.
· Wastewater system improvements – EDA has requested that we submit a $1,000,000 application for the project. While this is not a guarantee of funding, 99% are funded if they are invited to apply. This application must be submitted by April 15. In addition, a $500,000 CDBG grant application has been submitted for the project.
· Community Movie – A contract with CGI Communications was presented for approval for the production of a community movie that would be a part of the City’s website. This movie would be produced at no cost to the City. Financing comes from the sale of advertising by CGI Communications. The website committee met several times on this and viewed several of their movies and recommended approval. Mayor Graham reported that he had also spoken with the representative and he also recommended approval.
A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the contract with CGI Communications for the production of a community movie 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.
· Banking bids – Finance Director Fred Houston recommended that we stay with Cumberland County Bank for the next two years under the current contract. Mr. Turner recommended approval. Since the contract expires June 30, 2008, it was questioned as to whether or not it should be bid. The matter was deferred to determine bid requirements.
· Soccer Complex - A change order for $1,700 for conduit for phone lines at the soccer complex was approved to be paid out of contingency funds. This item is included in the change order approved earlier in the meeting.
· Drought report – TVA says we are still in a drought condition and currently at 75% of normal.
· Pumping reports for both plants were given, as well as the current lake levels, and water consumption reports
· TML is declaring an $8,300,000 dividend and will be lowering the rates beginning in July an average of 10% for liability, 5% for workers compensation, and 4% for property insurance
· Construction permits – The City has collected $42,847.50 in permits based on $19,000,000 in construction valuation.
With no
further business, the meeting was adjourned at