The City
Council for the City of
Roll Call.
Present: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr. Absent/Excused: Mayor J. H. Graham, III. Others present were City Manager Ted Meadows, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Jim Young, Troy Shaver, Frank Drabek, Nicholas Hill, Tammy Carroll, Sarah Carroll, Fred Sherrill, Tonya Hinch, Fred Houston, Kevin Oakes, Jerry Garrison, Joe Miller, Clark Annis, Diane Grant, Terry Grant, Mike Turner, Mary Ann Brown, Santos Rivera, Aneito Rivera, Derrick Clemow, Kyle Dunn, Jim Gilliam, L. Wanetta Benson, Tim Begley, Pat Wiedemann, Christy Lewis, Nikknj Solanki, Frances Carson, Mitul Patel, Horesh Patel, Carolyn Jozwiak, Darrell Sherrill, Steve Hill, Andrea Vaanfort, Bobby Lambert, John Lambert, Andrea Cravens, Tim Lewis, Mark Rosser, and David Beaty.
Mayor
Pro-Tem Boyd Wyatt called the meeting to order at
ITEM #1 –
PRESENTATIONS
a) Student of the Month – Councilman Earl Dean presented the September “Student of the Month” to Sarah Carroll who exemplifies the character trait “cooperation”.
b) Uplands Design Group - By nomination of Uplands Design Group, the state
convention of the American Institute of Architects presented the “Presidential
Award of Merit” to Tonya Hinch in recognition of her creative town home project
reflecting a quality design solution utilizing existing historically
significant space. Reuse of materials
shows this appreciation of sustainable resources. This project reflects the creative spirit of
this neighborhood advocate.” Derrick
Clemow was present to make the presentation to Ms. Hinch.
c) Police
Department Awards – At the recent Governor’s Highway Safety Office conference,
the Crossville Police Department received the Championship Challenge Award for
the State and 2nd place in the 26-50 officer division. Lt. Fred Sherrill also received an individual
award. They received equipment valued at
approximately $10,000.
ITEM #2 – CONSENT AGENDA
A motion was made by Councilman Kerley, seconded by Councilman Dean, that all items on the consent agenda be approved as follows:
a) Approval of minutes (8/12, 9/8 Beer Board)
b) 2nd Reading of Ordinance annexing 2.8 acres on Spruce Loop
c) 3rd Reading of Ordinance amending the FY08-09 budget in the amount of $1,300 for seatbelt convincer
d) 3rd Reading of Ordinance amending the FY08-09 budget in the amount of $10,436 for large plotter
e) 2nd Reading of Ordinance amending the FY08-09 budget in the amount of $37,000 for Chamber of Commerce
f) 2nd Reading of Ordinance amending the FY08-09 budget in the amount of $6,927.50 for Creative Compassion
g) 3rd Reading of Ordinance amending § 13-104 of the Crossville Municipal Code pertaining to property maintenance regulations
h) 2nd Reading of Ordinance closing the undeveloped right-of-way extending Oak Street
i) 1st Reading of Ordinance amending § 8-105 of the Crossville Municipal Code regarding advertisements for alcoholic beverages
j) 1st Reading of Ordinance amending §§8-208, 8-212(2), 8-212(10), 8-212(11), 8-213, and 8-219 of the Crossville Municipal Code pertaining to beer – PULLED FROM AGENDA
k) 1st Reading of Ordinance amending § 11-402 of the Crossville Municipal Code pertaining to anti-noise regulations – PULLED FROM AGENDA
l) Approval for a one-year lease renewal with Leo Garrison, Jerry Garrison, and Thresea Garrison for the Catoosa Utility Department building at a monthly rental rate of $975
m) Approval of Equal Opportunity Agreement, Assurance Agreement, Loan Resolution for Cumberland Cove funding from USDA Rural Development
n) Approval of contract with Stigall Engineering Associates for engineering and inspection services for Cumberland Cove Development project totaling $389,300 – PULLED FROM AGENDA
o) Approval for CPR/First Aid training for all employees by Cumberland Medical Center Industrial Medicine in the total amount of $6,800
p) Approval of additional street closings for September 27 cruise-in – PULLED FROM AGENDA
q) Approval of surplus property and equipment (list attached) – PULLED FROM AGENDA
r) Bids:
i) Accept low bid of Mountain Farm International in the amount of $18,559 on tractor with mid-mount mower– Maintenance
ii) Accept bid of Bobcat of Knoxville in the amount of $6,306.58 on a stump grinder attachment – Maintenance
iii) Accept low bid of Mountain Farm International in the amount of $74,211.27 (corrected recommendation) on a tractor with boom mower – Maintenance
iv) Accept low bid of Hawkeye Security Inc. in the amount of $6,905 on a security system – Airport
v) Accept
lowest bid meeting specs of
vi) Accept low bid of Bil-Jax in the amount of $11,400 on Equipment Trailer – Street
vii) Accept lowest bid meeting specs of Stowers Machinery in the amount of $8,222 on straw blower – Street
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.
j) 1st Reading of Ordinance amending §§8-208,
8-212(2), 8-212(10), 8-212(11), 8-213, and 8-219 of the Crossville Municipal
Code pertaining to beer. Councilman
Kerley recommended not making change moving beer sales on Sunday to start at
A motion was made by Councilman Kerley, seconded by Councilman Duer, that the proposed changes to §8-212(2) regarding hours of operation be deleted and the remaining ordinance be passed on first reading. 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.
q) Approval of surplus property and equipment (list attached) – Councilman Kerley asked about adding the motor rewinding machine to the surplus list and selling it at the auction, as well as the remaining 8 buckets of copper wire. City Manager Ted Meadows stated that it was impounded until the Comptroller’s investigation has been completed. Public Works Director Tim Begley stated he would like to wait until the audit is completed to make a determination. He pointed out that they use it as a rainy weather projects. Currently, Mr. Begley stated that they have to contract the work out. Councilman Kerley indicated, in his research, it was not cost-effective. It was originally purchased used with some buckets of wire and is still in good condition. The City Manager asked to have time to study the situation more, verify the information provided, and have a recommendation by the close of business on Thursday.
A motion was made by Councilman Kerley, seconded by Councilman Duer, that the motor winding machine and 8 buckets of wire be added to the surplus list for the Saturday auction, conditioned on the City Manager’s study and approval; and that the list of items to be declared surplus be approved. 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.
p) Approval of additional street closings for September 27 cruise-in – Mayor Pro-Tem Wyatt asked DCI representatives about the businesses’ support of the cruise-in. Frances Carson stated that there are no businesses open on these streets during the scheduled time. Further, the side streets are not closed until either the businesses open on Saturday are closed or the business is in support of the cruise-in due to the potential for sales.
For Saturday, September 27, DCI respectfully requested
the following streets be closed from
They also requested that Rector be barricaded on the
north side at the intersection on
n) Approval of contract with Stigall Engineering Associates for engineering and inspection services for Cumberland Cove Development project totaling $389,300 – Mayor Pro-Tem Wyatt asked if the City Attorney had approved the proposed contract. This approval was confirmed.
k) 1st Reading of Ordinance amending § 11-402 of the Crossville Municipal Code pertaining to anti-noise regulations – Mayor Pro-Tem Wyatt asked that the news media publicize the change, which specifies the maximum acceptable decibel levels.
A motion was made by Mayor Pro-Tem Wyatt, seconded by Councilman Dean, that items 2 “p”, “n”, “k” be approved. 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
SOLICITATION BOARD
An application was submitted by the Fairfield Glade Lions Club for their annual cheese sale.
A motion was made by Councilman Duer, seconded by Councilman Dean, that a Solicitation Permit be approved for the Fairfield Glade Lions Club. 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
BEER BOARD
Mega-Bites Internet
Café & Lounge
An application for an on-premises beer permit was submitted
by Edith W. Benson dba Mega-Bites Internet Café & Lounge located at
The Hot Spot
An application for an on-premises beer permit was submitted
by Leasa Marie Marshall dba The Hot Spot located at
An application for an off-premises beer permit was submitted
by KWGV, LLC dba
A motion was made by Councilman Duer, seconded by Councilmen Dean and Kerley, that (1) an on-premises beer permit be issued to Edith W. Benson dba Mega Bites Internet Café & Lounge, (2) an on-premises beer permit be issued to Leasa Marie Marshall dba The Hot Spot, and (3) an off-premises beer permit be issued to KWGV, LLC dba Genesis Road Travel Plaza. 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.
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ITEM #3 – MATTERS RELATIVE TO CHESTNUT HILL LANDFILL PROPERTY
A proposal was presented from Mayor Graham to begin with
the first step of developing the 210 acres of unused landfill property for an
industrial park, which is the submittal of an application to the State for a
“Certificate for Public Purpose and Necessity”.
A proposal was received from GRW Engineers to assist in this application
at a cost of $5,000.00. With the
certificate, grant funds can be sought for development.
A
motion was made by Mayor Pro-tem Wyatt, seconded by Councilman Dean, that a contract with GRW Engineers in the amount of $5,000
for assistance in obtaining a Certificate of Public Purpose and Necessity be approved
and a budget amendment be passed on first reading. 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.
ITEM #4 – MATTERS
RELATIVE TO FOCUS ON ENERGY
A proposal was submitted from Mayor Graham that the City focus on various energy initiatives. A grant of up to $12,000 is available for the purpose of purchasing a biodiesel fuel system and tank. A request has also been made to the State for free energy audits of City buildings. In addition, a meeting is being set in October for commercial property owners to offer them the opportunity for energy audits and low-interest loans.
A
motion was made by Councilman Dean, seconded by Councilman Duer, that submittal of a grant application for a biodiesel fuel
system and tank be approved. 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.
ITEM #5 – MATTERS RELATIVE TO CITY FUNDING OF SRO OFFICERS
Councilman Kerley proposed that the City pick up 100% of the funding
for SRO officers for the current year only.
Councilman Duer expressed his concern about the school nurse program
being cut. It was emphasized that the
City will expect the Board of Education to provide 100% funding for the SRO
program in FY09-10.
A motion was made by Councilman Kerley, seconded by Mayor Pro-Tem Wyatt, that the City amend the contract with the Board of Education such that the City will provide 100% funding for the SRO officers in FY08-09 only, due to the financial constraints of the County and the Board of Education, that a budget amendment be passed on first reading, and that the Council express its concern over any potential cuts in the school nurse program. 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.
ITEM #6 – CITY
ATTORNEY’S REPORT
City Attorney Kenneth Chadwell reported that no new lawsuits had were filed in the previous month. A judicial settlement conference will be held next week on the City’s eminent domain case with Greg Lack.
A motion was made by Councilman Dean, seconded by Councilman Duer, that the penalty and interest charges on the Lake Property lots on Holiday Drive be suspended if the amounts owed are paid into an escrow account within the next 30-45 days. 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.
Outside employment – Councilman Kerley read the section from the Personnel Manual regarding outside employment by City employees. He asked what action should be taken if there is a high instance of conflict of interest. Attorney Chadwell responded that action would be a discretionary decision by the City Manager based on how the conflict fits within one of the 3 categories listed in the section.
North Cumberland Elementary sewer agreement – Mayor Pro-Tem Wyatt asked that the proposed agreement be changed to require a two-thirds majority approval under section #6. The proposed agreement has been submitted to the BOE attorney and will be brought back to Council for approval after comments are received from the BOE.
ITEM #7 – CITY
MANAGER’S REPORT
City Manager Ted Meadows presented the monthly revenue report for wholesale beer taxes which was up from the same period last year. He also presented a chart on building permits and an updated report on the capital improvement projects. Kevin Oakes reported that the mapping review of the water and sewer lines has been completed with the final updates to be completed to the maps within the month.
§
A motion was made by
Mayor Pro-Tem Wyatt, seconded by Councilman Duer, that approval be given for
starting the process of eminent domain on the easements remaining on
§ Personnel matters – The following wage adjustments in the Public Works Department were recommended:
Mr. Meadows stated that the recommendations are within the published range for the positions and, due to the elimination of the position of Inspector-Backflow, will result in a net payroll saving of approximately $45,000.
He also requested a 10% grade jump
for Kyle Eldridge due to receiving certification as a Plumbing Inspector,
retroactive to
A motion was made by Councilman Dean, seconded by Councilman Duer, that the wage adjustments for William Poore, Leah Crockett, Larry Sisco, and Kyle Eldridge be approved. 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.
§ Soccer Complex – Change Order #5 in the amount of $1,855.77 was presented for approval. The change order totals $4,858.98; however, $3,003.21 will come out of the remaining contingency allowance. The change order covers a new sign ($5,200) at the cul-de-sac to replace a previously approved sign ($7,977.02), additional chain link fence, and pressure reducing valves.
A motion was made by Councilman Dean, seconded by Councilman Duer, that W & O Construction Change Order #5 in the total amount of $4,858.98 be approved. 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.
§
10 hour day workweeks – The City Manager
announced that City Hall hours will change from
ITEM #8 – MATTERS RELATIVE TO BIDS ON VEHICLES
Bids were received earlier in the day for vehicles for the Parks & Recreation Department (bid tabulation is attached and made a part of these minutes.) The low bids of Heritage Ford on both vehicles were recommended for acceptance.
A motion was made by Councilman Dean, seconded by Councilman Duer, that the low bid of Heritage Ford in the amount of $19,662 on a 2009 Ford Fusion and the low bid of Heritage Ford in the amount of $23,974 on a 2009 Explorer 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.
With no
further business, the meeting was adjourned at