The City Council for the City of Crossville met in regular session on Tuesday, June 3, 2010, 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 Curtis Adams, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Andy Vaughn, Mike Moser, Jim Young, Ted Meadows, Elaine Meadows, Jim Mitchell, Dewey Hicks, Naomi Hicks, Troy Shaver, Joe Miller, Tammie French, Margie Buxbaum, Bob Kastens, Jerry Garrison, Tim Begley, Billy Martin, Judy Stover, Lewis Stover, Jeff Kerley, Fred Houston, Valerie Hale, Chris Bennett, David Beaty, George Marlow, Katherine French, David French, Frances Carson, Beth Alexander, Chuck Burgess, Lynn Carson, Mike Turner, Matthew Green, Mitchell Phipps, Justin Thurman, Jerry Kerley, Tonya Hinch, Mike Nuss, Chris South, Clayton Smith, Clark Annis, Bill Seicks, Jean Hayes, Peter Flick, Carolyn Flick, Billy Loggins, Dr. Mark Fox, Steve Hill, Era Young, Kelly Amber, Janice P. Jackson, Julie Green, Josiah Green, Brian Brewer, Drucilla Smith, Leon Smith, Jeff Weaver, Brianna Moore, Scott Christian, and Ron Turner.

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 Bob Kastens of the First Christian Church. Mayor Graham led the Pledge of Allegiance.

ITEM #1 – PRESENTATIONS/PROCLAMATIONS

a) Dewey & Naomi Hicks, Jim Mitchell – Recognized for their contributions to recreation

b) Kelly & Barbara Amber – Recognized for their contributions to recreation

c) Katherine French – Winner of Fourth Congressional District Art Contest

d) Joe Miller – The Patriot Award for exceptional support of our national defense

e) Police Academy Graduates (Matthew Green and Mitchell Phipps)

f) Ptl Justin Thurman was recognized for his service to his country in the U. S. Marine Corp. Ptl. Thurman joined the Marines in November 2008 and, upon completion of basic training and infantry school, served five months in Iraq. During active duty, he received five medals. He is now on reserve status and full-time duty in the police department.

ITEM #2 – CONSENT AGENDA

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

a) Approval of minutes (5/11)

b) 3^rd Reading of Ordinance amending the FY09/10 budget by $5,000 for Tennessee Technology Center for adult education

c) 3^rd Reading of Ordinance amending the FY09/10 budget by $1,977 for United Fund building project

d) 3^rd Reading of Ordinance amending the FY09/10 budget by $2,500 for Southern Star Symphonic Brass expenses

e) 3^rd Reading of Ordinance amending the FY09/10 budget by $330,000 for the purchase of land for Fire Hall #3

f) 3^rd Reading of Ordinance amending the FY09/10 budget by $310,000 for the downtown revitalization project

g) 2^nd Reading of Ordinance authorizing payment for contracts with ECE Services beyond the current budget year

h) 2^nd Reading of Ordinance authorizing payment for contracts with Stigall Engineering Associates beyond the current budget year

i) 2^nd Reading of Ordinance authorizing payment for contracts with PBS&J beyond the current budget year

j) 2^nd Reading of Ordinance authorizing payment for contracts with EG&G beyond the current budget year

k) 2^nd Reading of Ordinance authorizing payment for contracts with Upland Design Group beyond the current budget year

l) 2^nd Reading of Ordinance authorizing payment for contracts with Community Development Partners beyond the current budget year

m) 2^nd Reading of Ordinance authorizing payment for contracts with W & O Construction beyond the current budget year

n) 2^nd Reading of Ordinance authorizing payment for contracts with W. L. Hailey & Co. beyond the current budget year

o) 2^nd Reading of Ordinance authorizing payment for contracts with Southern Constructors beyond the current budget year

p) 2^nd Reading of Ordinance authorizing payment for contracts with Plateau Excavation beyond the current budget year

q) 2^nd Reading of Ordinance adopting a budget for FY10/11 (in title only)

r) 2^nd Reading of Ordinance adopting a tax rate for FY10/11 (in title only)

s) Approval of revised task order with ECE Services for t-hangar project in the amount of $189,100 (previously approved at $117,600)

t) Approval of W & O Construction Change Order #2 in the amount of $1,103.43 for cleaning and painting of the concrete interior walls in the existing grit/bar screen building at the Wastewater Treatment Plant

u) Approval of Southern Constructors Change Order #1 in the amount of $22,735 for spot cleaning of painting of existing lime silo and demolition of existing filters at the Wastewater Treatment Plant (Clark Annis reported that it was noticed during the progress of the project and will be covered by contingency funds in the project.)

v) Approval of additional temporary street closings for June 26 cruise-in

w) Approval of temporary closing of Main Street on Saturday, July 3, from the Palace to the Depot for the Fourth of July Children’s Parade from 9:30 a.m. to 11:30 a.m.

Vote: Motion passed (summary: Yes = 3, No = 1, Abstain = 0). Yes: Councilman Boyd Wyatt, Sr., Councilman Carl Duer, Mayor J. H. Graham, III. No: Councilman Jesse Kerley. Absent: Mayor Pro-Tem Earl Dean.

ITEM #3 – MATTERS RELATIVE TO MARKETING AND PUBLIC RELATIONS

Marketing Director Billy Loggins brought a notebook of the different marketing projects that they have put together since the department was formed. He discussed the latest marketing and public relations projects.

• Miox publicity
• Bio-diesel program
• Annual City of Crossville Golf Tournament is being held on June 9th at Lake Tansi
• Recap of the Dr. Carl T. Duer Soccer Complex Opening
• UCDD/City of Crossville Golf Tournament was played May 22^nd
• Crossville Chronicle/ Welcome Magazine Ad
• Tennessee Senior Men's Golf Tournament played at Stonehenge/FFG
• Retire Crossville marketing material – An organization has been created at Fairfield Glade to send out information to some of the retirees hometowns to let them know why they came and encourage others
• Tennessee Women's Open training/orientation
• Senior Olympics.- A recap of a few events was given with a recognition luncheon scheduled for Monday, June 14^th at Cumberland Mountain State Park
• Great WCTE/TV Auction - The City of Crossville is a sponsor on Thursday June 10^th
• Southern Stars Symphonic Band will be at Danville, KY in the next few days for a festival concert
• Soccer tournaments are being encouraged

(At 6:25 p.m., the regular meeting was recessed and the Solicitation Board convened.)

SOLICITATION BOARD

The Rock/Life Worth Living

An application was submitted by The Rock/Life Worth Living located at 306 Hwy. 70E to raise funds for a shelter for pregnant women. Funds will be solicited door-to-door, in front of stores, telephone, internet, and mail.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that a Solicitation Permit be issued to The Rock/Life Worth Living, subject to review by City Manager. 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 6:27 p.m., the Solicitation Board was adjourned and the regular meeting reconvened.)

ITEM #4 – MATTERS RELATIVE TO REQUEST FOR CLOSING OF PHYLLIS STREET

A request was received from John Selby, Brian and Michelle Brewer, and Margaret Tabor Mullinax to close the unimproved section of right-of-way of Phyllis Street located in the Hillcrest Subdivision. A letter was received from Clayton Smith, Peggy Smith, Curtis Smith, and Drucilla Smith opposing the closure (attached and made a part of these minutes). The matter was referred to the Planning Commission who considered it at their May 20^th meeting. Following discussion, the Planning Commission recommended to the City Council that the right-of-way not be closed.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that the request for closure of the unimproved section of right-of-way of Phyllis Street be denied. 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 AIRPORT PROJECTS

Chuck Burgess was present at the meeting to discuss the bids received on the ASOS relocation. The apparent low bid was Sain Construction of Manchester in the amount of $83,883. (Bid tabulation attached and made a part of these minutes.) Councilman Wyatt pointed out that alternates were in the bid so City crews could do some of the work; however, he recommended that the deductions not be taken since City crews are tied up. This project is holding up the t-hangar and the fuel farm relocation projects. He also discussed the t-hangar project and the need for the relocation of the wind sock.

The t-hangar bids will be received on July 15. A second round of bids will be received June 24 on the roof repairs to the old hangars and the painting of the beacon tower.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the low bid of Sain Construction in the amount of $83,883 be accepted on the ASOS project. 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 – APPOINTMENTS

a) Stormwater Board of Appeals – The term of Scott Christian expired on the Stormwater Board of Appeals. His re-appointment was recommended.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that Scott Christian be re-appointed to the Stormwater Board of Appeals. 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.

b) Health and Educational Facilities Board – The terms of Pat Whittenburg and Howard Mercer, Jr. expire on June 14. Their re-appointment was recommended.

A motion was made by Councilman Duer, seconded by Mayor Graham, that Pat Whittenburg and Howard Mercer, Jr. be re-appointed to the Health and Educational Facilities Board. 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.

c) Personnel Board – The terms of Rosalee Dyer and Jim Young expire on July 1. By ordinance, they cannot be re-appointed. Appointees must be residents of the City. The appointments were deferred to the July regular meeting.

d) Floodplain Board of Appeals – The term of J. H. Graham, III expires on June 10. Re-appointment can occur.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that J. H. Graham, III be re-appointed to the Floodplain Board of Appeals. 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 #7 – MATTERS RELATIVE TO GIS ORTHOGRAPHIC IMAGERY

Aerial orthographic imagery for the City of Crossville and Cumberland County was first obtained in 2000 at a cost to the City of approximately $125,000. The intent of the program was to have the aerial orthographic imagery updated every five years. In 2005, the City completed the first update of the aerial orthographic imagery for approximately $75,000. The City financed the majority of the expense of the original flight in 2000 and the update completed in 2005.

The initial Engineering Department budget for fiscal year 2009-2010 included $100,000 for upgrading the aerial orthographic imagery, which would reflect changed conditions since the completion of the 2005 update. However, due to budgetary constraints, completion of the 2010 aerial orthographic imagery update was not included in the approved 2009-2010 budget. As a result, the Cumberland County E-911 District took the lead in 2010 and financed the majority of the expense, requesting a contribution of $10,000 from the City. Representatives from the Engineering Department and the City Manager met with Bill Hunter, Director of the Cumberland County E-911 district, to discuss the project in detail, which resulted in the City verbally committing to contribute the $10,000 that the Cumberland County E-911 District requested, with the money to be taken from the Engineering Department’s Stormwater budget. The City realized a substantial savings as a result of the E-911 District taking the lead on this project. The City Manager recommended the contribution.

A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that the request from the Cumberland County E-911 District for a $10,000 contribution from the City of Crossville towards the cost of completing the 2010 aerial orthographic imagery update 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 #8 – MATTERS RELATIVE TO HOLIDAY LAKE DAM

Jerry Kerley discussed the options available to add controls to the valves on the weir at Holiday Lake. The cost would be about $40,000, if installed by the City, and allow control from the water plant. It can be set to automatically open and shut based on the level set by the City. For safety reasons, it generally would be better if installed in the summer months. Councilman Wyatt stated that it has been difficult to keep it at the level approved by Council due to the above-average precipitation since construction was completed.

Mr. Kerley reported that TOSHA had cited the City based on concerns of electrical grounding and the potential for falling off the weir. If approved, bids would be solicited on the project. He recommended the automatic controllers in order to keep the lake at the approved level.

A motion was made by Councilman Wyatt, seconded by Councilman Duer, that City Manager be authorized to proceed with getting the bids out and the project completed as soon as possible. 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 – CITY ATTORNEY’S REPORT

City Attorney Kenneth Chadwell reported that a new lawsuit had been filed against the city during the past month over a slip/fall on a water meter cover. It has been sent to the City’s insurance carrier.

ITEM #10 – CITY MANAGER’S REPORT

City Manager Curtis Adams presented the monthly revenue charts for local option sales tax, wholesale beer tax, and retail liquor inspection fees. Updated reports on building permits, grants/projects, and capital projects were also presented for review. An inspection report on the Genesis Road house was also presented.

· Fire Chief Mike Turner requested approval to work toward the establishment of a Boy Scouts Explorer “learning for life” program for 14-17 year-olds (boys and girls) working through the Fire Department to get hands-on experience in firefighting. The cost would be approximately $300.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that approval be given for the establishment of the Boy Scouts Explorer program through the Fire Department. 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.

· Fire Chief Turner reported that $20,000 was approved to build a lean-to for Fire equipment. The project was completed by city crews and a new rubber roof was put on Fire House garage with $5,000 still remaining in the approved funds. He requested permission to use the remaining money to put on waterproof paint at a cost of $9300 to stop the leaks through the split-faced block. Mr. Adams commented that he was impressed that city crews were able to do the work in-house.

A motion was made by Mayor Graham, seconded by Councilman Duer, that approval be given for the waterproofing painting. 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.

· Painting tanks – The City Manager commended the Public Works Department for taking the initiative to paint some tanks rather than hiring someone to do the work.

· Finance Director Fred Houston requested approval to send a payment of $10,000 for two months advance on postage to the company who is under contract for outsourcing the utility billing.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that approval be given for advance payment of $10,000 for postage for outsourcing. 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.

· Genesis Road house – Jeff Kerley reported on the current condition (a copy of the report attached and made a part of these minutes). In his opinion, the house should not be rented out.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the house be demolished by city crews at their convenience. 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. All Ayes

· Councilman Kerley asked for an explanation on Tom Wolf’s dismissal. The City Manager stated that he studied the economic situation from the time he started coming up here and was of the opinion that it would be a way of streamlining the City. Kerley stated that he believed it should have been discussed with the City Council. However, Mr. Adams responded that, in his opinion, the matter was his decision as City Manager. Councilman Kerley commented “Tom Wolf has earned his salary many times over with his hard work and dedication.” Mr. Adams further stated that the dismissal was his decision alone.

ITEM #11 – GRIEVANCES FROM CITIZENS

Mayor Graham read from the Code of the requirement to add this item to the agenda, which was requested by Councilman Kerley. Comments were requested from those in attendance. Mayor Graham reminded citizens that the City Manager or the Mayor is available throughout the month and they did not have to wait until a meeting to make comments or ask questions.

Councilman Duer mentioned the four valves on the Holiday Lake dam that are equivalent to the size of the previous spillway, but that the new weir has helped the flooding and helped the people living around the lake.

Lynn Carson, 196 Holiday Court, stated that the water problems were created by the city. He agreed with the sensors being installed, but wanted to know if the City was going to fix his wall that is collapsing because of the new level. Councilman Wyatt replied that 275 out of 295 property owners seem to be happy with the higher level of the lake.

With no further business, the meeting was adjourned at 7:23 p.m.