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

Roll Call. Present: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent/Excused: Councilman Jesse Kerley. Others present were City Manager Ted Meadows, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Fred Houston, David Beaty, Fred Sherrill, Mark Rosser, Jerry Garrison, Tonya Hinch, Troy Wheeler, Joe Miller, A. Withers, H. Withers, L. Withers, B. Brown, Bob Dormagen, Terry White, Chantilly Young, Brittany Young, Brian Young, James Young, David Diel, Margarette J. Haney, Josh Spencer, Virginia Wiedemann, Robert Wiedemann, Leif Bendeke, Jim Young, Andy Vaughn, Natalie Fielder, Frances Carson, Thomas Wolf, R.J. Fields, Clark Annis, Art Stephens, Tim Begley, Jeff Kerley, Mary Jo Dorsey, Steven Dorsey, Nathan Caldwell, Ed Daily, Ricky Burse, Mike Turner, Robert Kitchens, Rita Kitchens, Beth Alexander, Rhonda Lawson, Frank Holladay, Stephen M. Strickland, Marlene Potter, Morris V. Potter, Thomas Simmons, Robert Safdie, Margie Buxbaum, Jeffery Johanson, Carol Johanson, and Carolyn Hedgecoth.

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 Ricky Burse of the Linary Church of Christ. The Young Marines presented the colors and led the Pledge of Allegiance.

ITEM #1 – STUDENT OF THE MONTH

Mayor Graham presented the March “Student of the Month Award” to Brian Young for the character trait “fairness”.

ITEM #2 – CONSENT AGENDA

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that all items on the Consent Agenda be adopted as follows:

a) Approval of minutes (2/10, 2/26, 2/27, 2/28)

b) Approval for temporary street closing on July 4, 2009 from 10:00 a.m. – 1:00 p.m. for Pro-Troop Rally

c) Approval of temporary street closings for Cruise-ins, Depot Days, Paw & Order, and Tailgate Party in 2009 (complete list and dates attached and made a part of these minutes) – DCI

d) Approval of temporary street closings for American Cancer Society Relay for Life 5K run on March 14, 2009 beginning at 10:00 a.m.

e) Approval of temporary street closing for Blue Ribbon Day (prevention of child abuse) on April 16 from 4:00 p.m. – to 7:00 p.m.

f) Approval to sell/exchange firearms awarded through court order (attached and made a part of the minutes) through sealed bids and use proceeds to purchase weapons for Tactical Response Team – Police

g) Approval of amended Rules and Regulations for Crossville City Cemetery

h) Approval to reappoint Beth Alexander, Bobby Randolph, and Tonya Hinch to the Industrial Development Board as joint appointments with the County Commission

i) Appointment of Earl Dean, Scott Christian, Jim Mitchell, Dennis Gregg, and Darrell Hall to the Stormwater Board of Appeals

j) Approval of proposal from GRW Engineers to provide engineering services to replace sewer pump stations on Gridiron and Thunder Hollow at a cost of $7,000

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

ITEM #3 – MATTERS RELATIVE TO CERTIFICATES OF COMPLIANCE FOR RETAIL LIQUOR STORES

Deferred to meet a state advertisement requirement until a special called meeting to be held on March 26 at 5:30 p.m. The previously issued certificate for S. Roger York has been voided and will be re-considered at the special called meeting. It was pointed out that the deferment is to meet the advertising requirement and not an indication of a problem with any of the applications.

ITEM #4 – MATTERS RELATIVE TO OPPOSITION OF WEAPONS ORDINANCE FOR THIRD AND FINAL READING

Mayor Graham stated that he put the motion on the floor for the purpose of discussion only. He read the following post by Third Congressional District resident Tommy Crangle from the Chattanoogan.com:

“Recently I became aware of a proposed ordinance to ban handguns on certain city property in the beautiful city of Crossville, Tn. I wrote a respectful letter to the mayor asking that the city reconsider the proposed ordinance. Apparently citizens of Crossville also wrote their letters.

Following is an open letter to the citizens of Crossville from Mayor Graham. This showing of great respect for our constitution and citizens of this nation by a public official epitomizes what is good and fundamental in our nation. I believe there are many more officials like this and that should give us great hope for our nation.

An open letter from the mayor of Crossville regarding the proposed city gun ordinance: One of our city firemen was recently injured while cleaning his personal firearm. This is an unfortunate incident and I am concerned for him and his family and am thankful he was not seriously injured.

This incident, however, resulted in a new proposed ordinance to be brought before the City Council addressing the issue of firearms on city property. It is my opinion that this ordinance is unnecessary because Tennessee Code Annotated already includes language regarding the firearms issue.

I am in agreement with those who feel that the interpretation of this ordinance infringes on the 2^nd Amendment of the United states Constitution which guarantees our right to bear arms. I will not support the third and final reading of this ordinance if and when it comes before council. I have written this letter to let the public know of my opposition to this ordinance and that I will not vote for it.

As your mayor, I appreciate those of you who have contacted me, expressing your concern for this issue. I invite you to call me anytime you have questions or comments on this or other subjects relating to city government.

Respectfully, J. H. Graham, III

Actions such as this expand the fundamental principles of our Constitution, individual freedom and equality. If only our judiciary and legislators showed the same respect. My hope is that judges and legislators keep in mind that there is a Constitutional mechanism to change the Constitution. It is called an amendment.”

Mayor Pro-Tem Dean remarked that the City may have acted too hastily and not in the correct manner and the ordinance should be rejected. Councilman Wyatt and Councilman Duer stated their agreement with the Mayor and Mayor Pro-Tem Dean in opposition of the ordinance and their desire not to discuss it any further.

A motion was made by Mayor Graham, seconded by Councilman Dean, that the weapons ordinance be put on the floor for passage. Vote: Motion failed (summary: Yes = 0, No = 4, Abstain = 0). No: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

ITEM #5 – MATTERS RELATIVE TO DOOLEY STREET PROJECT FUNDING

The State Revolving Fund Loan Program has created a pilot incentive program to support watershed restoration activities. Under this program, the City can apply for an additional $500,000 on the loan being obtained for the technology upgrades at the wastewater treatment plant. The City has been approved to apply for this funding to be used for the Dooley Street project, which is estimated to cost $1,140,000. If approved, the principal amount is increased and the interest rate decreased (no lower than 0%) so that the monthly and total loan payments are no greater than they would have been prior to the increase in principal. Therefore, up to $500,000 can be added to a CWSRF loan at no additional cost to the borrower (City).

A motion was made by Councilman Dean, seconded by Councilman Duer, that approval be given for the submittal of the Dooley Street project to be funded through the “Green Pilot Program”. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

ITEM #6 – CITY ATTORNEY’S REPORT

City Attorney Kenneth Chadwell reported that no new lawsuits were filed during the previous month. He is working on USDA certifications for the Cumberland Cove water line project and should be completed with them by the end of the month. In an update on the project, he was contacted by the POA and they are ready to accelerate their payments to the City. With no objection of the City, they will pay $1,500,000 in advance and reduce the letter of credit obligation.

Mr. Chadwell reported that he is actively working with the Codes Enforcement office on code abatements throughout the City.

ITEM #7 – CITY MANAGER’S REPORT

City Manager Ted Meadows presented the monthly revenue reports for local option sales tax and wholesale beer. The sales tax was down over 10% for sales in January 2008 and is down 5% year-to-date. Wholesale beer tax revenues are down 8% for the month, but up 1% year-to-date. Building permits are way down for residential for the year. There were no residential permits issued in the month.

Holiday dam/bridge project – April 6 is the anticipated date for the bridge to be re-opened. Councilman Wyatt indicated interest in putting a sidewalk across the dam. The City Manager is having the Engineering Department prepare a cost estimate and recommendation to bring back before the Council.

Cumberland Mountain State Park sewer line – The contractor has been issued a notice to proceed, placed materials in the area, and will soon start clearing the easement areas.

Personnel – Mr. Meadows asked for the personnel rules to be waived in regards to promotions. (A copy of this request and the justification is attached and made a part of these minutes.)

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the rules in regards to promotions be waived and that Mark Rosser to promoted to Major as head of the Detective Division with a $2,000 raise or 4.3% Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

Councilman Wyatt requested that department salaries and promotions be looked at and changes brought up for discussion in the budget hearings for the next fiscal year. Mr. Meadows indicated he had already made the same request to the department heads.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that Billy Martin’s salary be increased by 5% effective with the completion of his 6 months probation following his promotion to Supervisor of Water and Sewer Distribution, including the grinder pump and cemetery divisions of Public Works. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

A motion was made by Councilman Duer, seconded by Councilman Dean, that Lt. Tim Johnson be approved for a 5% increase for completing certification as a Fire Inspector. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

(At 6:30 p.m. the regular meeting was recessed and the Beer Board convened.)

BEER BOARD

AMPS Discount Beer & Beverage

An application was submitted by Arthur L. Stephens dba AMPS Discount Beer & Beverage located at 940 West Ave. for an on- and off-premises beer permit. Chief Beaty gave a clear records report on the applicant.

A motion was made by Councilman Duer, seconded by Councilman Wyatt, that an on- and off-premises beer permit be issued to Arthur L. Stephens dba AMPS Discount Beer & Beverage. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

Forte’s Restaurant

An application was submitted by John Forte dba Forte’s Restaurant located at 27 E. 4^th Street for an on- and off-premises beer permit. Chief Beaty gave a clear records report on the applicant.

A motion was made by Councilman Duer, seconded by Councilman Dean, that an on- and off-premises beer permit be issued to John Forte dba Forte’s Restaurant. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

(At 6:32 p.m. the Beer Board was adjourned and the regular meeting reconvened.)

ITEM #7 – CITY MANAGER’S REPORT (cont.)

· Urban Forestry Grant – The Tree Board has requested to submit a $3,000 application to continue the tree inventory on the remaining portions of the Miller Avenue and Milo Lemert ByPass and on Old Jamestown Highway. Funds will also be requested to implement the management plan, including a Trees of Distinction Program. The local match of $3,000 will be covered by in-kind contributions.

A motion was made by Mayor Graham, seconded by Councilman Wyatt that approval be given for the submittal of an Urban Forestry Grant in the amount of $3,000 to continue the tree inventory and implement the management plan. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

· Arbor Day – The annual tree giveaway was held last week with great attendance from the public.

· Councilman Wyatt congratulated Beth Alexander on her award in the Cumberland Business Journal.

· Surplus Materials – Two police in-car video units purchased in 2003 and 2005 are no longer being used. The Police Chief recommended that they be declared surplus and sold.

A motion was made by Councilman Dean, seconded by Councilman Duer, that the in-car video units originally valued at $3,380 and $3,540 be declared as surplus materials and sold. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

ITEM #8 – MATTERS RELATIVE TO BUILDING, PLUMBING, AND FIRE CODES

The State has adopted the 2006 editions of the International building, residential, existing building, property maintenance, plumbing, energy conservation, and fire codes. They have also adopted the 2006 edition of the Life Safety Code (NFPA No. 101). The city is required to enact codes equal to or more stringent than the state codes. The proposed ordinances change the City’s codes to the same codes adopted by the State. The adoption of these codes will have no affect on the permit fee schedule.

Codes Enforcement Director Jeff Kerley stated that the new codes update and revise safety issues. Council requested that the contractors be notified of the changes.

A motion was made by Councilman Dean, seconded by Mayor Graham, that ordinances adopting new building, residential, existing building, property maintenance, plumbing, energy conservation, fire, and life safety codes be passed on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Councilman Carl Duer, M.D, Mayor Pro-Tem Earl Dean, Mayor J. H. Graham, III, Councilman Boyd Wyatt, Sr.; Absent: Councilman Jesse Kerley.

With no further business, the meeting was adjourned at 6:35 p.m.