The City Council for the City of Crossville, Tennessee met in regular session on Tuesday, November 10, 2009, at Crossville City Hall.

 

Roll Call.

Present: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III.  Absent/Excused: Mayor Pro-Tem Earl Dean.  Others present were City Manager Ted Meadows, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Mary Ann Brown, Jim Young, Darrell Sherrill, David Beaty, Tom Wolf, Fred Houston, Tim Begley, Willard Dale, Joe Miller, Andy Vaughn, Jerry Garrison, Tonya Hinch, Billy Loggins, Mike Turner, Chris South, Hunter Withers, Alexis Withers, Martha Ballard, Laura Knoll, Glenn Harper, Ernie K. Burgess, Ryan Burgess, Liz Burgess, and Margie Buxbaum.

 

 

            Mayor J. H. Graham, III was present and presiding.  He called the meeting to order at 6:00 p.m.  The invocation was given by Willard Dale with the Southwest Baptist Church.  The Young Marines presented the colors and led the Pledge of Allegiance.

 

 

ITEM #1 – PRESENTATIONS/PROCLAMATIONS

 

a)     Student of the Month – The award was presented to Ryan Burgess for the character trait “manners”.

b)     National American Indian Heritage Month – Mayor Graham proclaimed the month of November as “National American Indian Heritage Month”.

 

 

ITEM #2 – CONSENT AGENDA

 

            A motion was made by Councilman Wyatt, seconded by Councilman Duer, that all items on the consent agenda be approved as follows:

a)     Approval of minutes (10/13, 10/22)

b)     Resolution adopting a Plan of Services for the annexation of 0.21 acres on Satsuma Drive

c)      3rd Reading of Ordinance annexing 0.21 acres on Satsuma Drive

d)     3rd Reading of Ordinance closing and abandoning Orange Circle from Larch Drive to Bob White Drive

e)     3rd Reading of Ordinance amending the FY09-10 budget in the amount of $20,000 for Fire Hall #2 repairs

f)        1st Reading of Ordinance amending the FY09-10 budget in the amount of $250,000 for Caryonah dam repairs

g)     Approval of surplus property (list attached and made a part of these minutes)

Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III.  Absent: Mayor Pro-Tem Earl Dean.

 

 

ITEM #3 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS

 

            Billy Loggins updated the Council on the following marketing projects, on-going and recaps:

§         The 2010 Sustainability Fair will be held on April 10 at the Community Complex

§         Dr. Carl T. Duer Soccer Complex – Due to weather and field conditions, the ribbon cutting was postponed until Spring and will include the Lady Vols soccer team

§         Christmas Parade – December 5 - The 278th Armored Calvary Regiment will be deployed on December 6 so they have been selected to be the Grand Marshalls.

§         2010 TSSAA Golf Championships – October 2010

§         OVC Golf Championship – The conference meets this month and will be voting on holding the event at Stonehenge

§         Hall of Trees......Part of Gaylord Opryland's 26th Annual......"A Country Christmas Celebration"

§         State Senior Men Golf Championship – First time to be hosted by the City

§         Don Helms Music Festival and Golf Tournament – May 2010

§         A meeting is being planned with a representative of the Statewide Alliance for Sports, which is a part of the Tennessee Department of Tourism.

 

 

ITEM #4 – MATTERS RELATIVE TO BEAN POT CAMPGROUND

 

            A request was received from Field’s Engineering Consultant Services, on behalf of Bean Pot Campground, for the City to accept up to 2,000 gallons per week of wastewater from the Bean Pot Campground.  Veolia Water recommended approval of the request at a rate of $0.03/gallon.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that up to 2,000 gallons per week of wastewater be accepted from the Bean Pot Campground at a fee of $0.03/gallon, if the charge is the same as charged others.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III.  Absent: Mayor Pro-Tem Earl Dean.

 

 

ITEM #5 – MATTERS RELATIVE TO FIRE DEPARTMENT PROJECTS FINANCED THROUGH RURAL DEVELOPMENT

 

            To process the loans and grants from Rural Development for the new fire station and equipment, the following documents were submitted for approval:

1.      Equal Opportunity Agreement (fire station and equipment)

2.      Assurance Agreement (fire station and equipment)

3.      Loan Resolution (fire station and equipment)

4.      Legal Services Agreement (fire station)

 

Fire Chief Mike Turner reported that the City has approximately 33% coverage under the current ISO regulations.  They now require that stations be physically within 1.5 miles of the areas to be covered.  The City now contains 24.5 square miles.  Without additional fire halls, the current ISO rating of 4 is in jeopardy.  Chief Turner further stated that the third station will take the City to about 43% coverage, so additional fire halls will need to be planned.  This rating is important to businesses and residents and the cost of their insurance coverage.  The equipment will include an aerial truck and a pumper truck.  It takes 15 firefighters to staff a station, which is a cost of approximately $650,000 per year.  Without the new fire hall, the ISO could go to a split rating of 6 and 10, depending on proximity to a fire hall.

 

City Manager Meadows stated that he is working with Uplands Design Group on a contract for architectural design.  The estimated time to construct the building and obtain the equipment is 18 months.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that the agreements and resolution for Rural Development grant and loan for the fire station and equipment be approved.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III.  Absent: Mayor Pro-Tem Earl Dean.

 

 

ITEM #6 – CITY ATTORNEY’S REPORT

 

            City Attorney Kenneth Chadwell reported there have been no new lawsuits during the past month.  He will be appearing in court this week to settle a lawsuit and, hopefully, receive a $2500 abatement check on the Lena Ford property.

 

Caryonah Lake dam – Water Pollution Control (WPC) has issued a notice of violation due to the breach of the dam and fugitive sediment into Panther Creek for approximately one-half mile.  In addition, they classify a section as wetlands, which the City disagrees with due to previous mitigation action by the Catoosa Utility District.  They want a plan to mitigate the impacts or submittal of a plan to provide compensatory mitigation.  The City has responded that the breach was an “avoidable accident” as defined by T.C.A.  However, WPC disregarded that definition and sent a “Notice of Deficiency”. Discussions with WPC are still underway to resolve the issues.  Enforcement is preparing a Notice of Assessment, which will be a civil penalty if we don’t submit a plan to mitigate.  He further stated that he didn’t believe the City’s chances for prevailing were good.  Under the Natural Resources Damage Assessment, punitive fines are allowed and are typically over $1,000,000.  In his discussions with WPC, to mitigate the matter will require labor to physically shovel the sediment out and haul it to trucks.  Bids will be coming in to fix the dam on November 12.  Mayor Graham stated his concern over trying to mitigate the damages before the water stops flowing from the breach.  The dam was inspected by the State and was approved through 2012.  It was pointed out that the City was getting conflicting demands by WPC and Safe Dams, both divisions of TDEC.

           

            Mayor Graham directed the Director of Engineering to prepare and file a plan to use shovels, waders, and buckets to remove the sediment.  Councilman Duer asked for information on what will happen if a plan is not filed.  The response was that the City will get a Notice of Deficiency with fines.  Appeals go to the Water Quality Control Board.   Tom Wolf reviewed the chain of events on the breach.  The dam was breached on August 6.  WPC and Safe Dams came on the day of the breach.  The City followed all orders received from Safe Dams; however, WPC disappeared for approximately 6 weeks and provided no comments or input.  A meeting was held with both Safe Dams and WPC regarding the requirement by Safe Dams to immediately breach the dam.  At the meeting, Safe Dams extended the deadline for the breach until December 31 to allow for engineering studies and bidding of the project.  They also stated that they preferred that it be bid as one project in two stages with the first stage being the breaching and the second stage being the re-building of the dam.  Another meeting has been requested with both divisions.

 

 

ITEM #7 – CITY MANAGER’S REPORT

 

            City Manager Meadows presented the monthly revenue reports on local option sales tax, wholesale beer taxes, and wholesale liquor fees.  Sales tax is on track with the revenues budgeted for the fiscal year. 

 

  • Cumberland Mountain State Park sewer – The turf restoration has been completed and Homestead School hooked up.  The pump stations are working and some of the park is coming online.
  • 127S utility relocation – The estimated costs are not yet available.
  • Tansi water line – All easements and acquisitions are complete except for one.
  • Meadow Park Lake dam – ECE is currently completing the geotechnical work and studies.
  • Northwest Connector – Sections 1 and 3 are in the acquisition stage with Section 1 actively being worked on.  Some complications have arisen in regard to acquisition with Mountain Farm International.  At the owners’ suggestion, the engineers are working on an option to move the road to a different location and avoid impacting the Mountain Farm International property.
  • Genesis/I-40 traffic signal – Bids were received by TDOT with Highways being the low bidder.  Construction is expected to begin around the first of the year with completion scheduled for June 2010.
  • Airport projects – The projects are still waiting on a final site determination by the FAA on the ASOS.

 

(At 7:00 p.m. the regular meeting was recessed and the Solicitation Board convened.)

 

CROSSVILLE LIONS CLUB

 

Crossville Lions Club

      An application was received from the Crossville Lions Club to raise funds for their service projects.

 

            A motion was made by Councilman Duer, seconded by Councilman Kerley, that a Solicitation Permit be issued to the Crossville Lions Club.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III.  Absent: Mayor Pro-Tem Earl Dean.

 

(At 7:01 p.m. the Solicitation Board was adjourned and the regular meeting re-convened.)

 

ITEM #8 – MATTERS RELATIVE TO ENERGY GRANT

 

            The State of Tennessee performed energy audits on a number of city buildings.  A new grant program has now become available through federal ARRA funds for up to $100,000.  From the free energy audits provided by the State, improvements estimated at $191,247 have been identified that meet the requirements.  Council previously approved submittal of this project for a loan, but that application was held off for the opportunity to receive funds through a grant.  If needed, application may still be made for the loan for the remaining costs.  Approval was requested for application to the State of Tennessee Energy Efficiency and Conservation Block Grant for $100,000 in funding.

 

            A motion was made by Mayor Graham, seconded by Councilman Duer, that approval be granted for the submittal of a $100,000 application for a Tennessee Energy Efficiency and Conservation Block Grant.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III.  Absent: Mayor Pro-Tem Earl Dean.

 

 

ITEM #9 – MATTERS RELATIVE TO PROPOSED ANNEXATIONS

 

a)     Genesis Road – A request was received from Calvin Turner and family for the annexation of approximately 5 acres on Genesis Road.

b)     Myrtle Ave. – A request was received from Steve Robinson for the annexation of 0.18 acres on Myrtle Avenue.

c)      Meadowview Drive – A request was received from the Holdermans for annexation of their parcel on Meadowview Drive.

 

            A motion was made by Councilman Kerley, seconded by Councilman Wyatt, that the proposed annexation ordinances on Genesis Road, Myrtle Avenue, and Meadowview Drive be passed on first reading.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Councilman Jesse Kerley, Mayor J. H. Graham, III.  Absent: Mayor Pro-Tem Earl Dean.

 

            With no further business, the meeting was adjourned at 7:04 p.m.