MINUTES OF THE REGULAR SESSION

OF THE COUNCIL OF THE TOWN OF EAGLEVILLE , TENNESSEE

April 27, 2004  

    The City Council of the Town of Eagleville , Rutherford County, Tennessee, met in regular session at 7:00 p.m. on April 27, 2004 , in Eagleville City Hall with Mayor Nolan S. Barham, Sr., presiding.  

COUNCIL MEMBERS PRESENT

            Mayor Nolan S. Barham, Sr.                            Vice-Mayor Ronnie Hill

            Councilwoman Debbie Ryan                             Councilman Terry Zumbro

            Councilman Harold Vincion                              Councilman David Rigsby

            Councilman Robert Turner                       

STAFF

            Police Chief Everett Stone                    Fire Chief Joseph Jackson  

Sherry Marsalis, City Recorder             Michelle Bennett, Executive Secretary

Attorney Greg Reed                             Alan Farley, Grant Facilitator                          

GUESTS

                        Thomas Hall                                         Doug Davis, Daily News Journal

                        Carolyn Barham                                   Janie Zumbro

                        Gloria Hill                                             M. A. Smitty

                        Don McCord                                       Donna Jenson                                                                       

INVOCATION

Councilman Terry Zumbro delivered the Invocation.   

PLEDGE OF ALLEGIANCE

Janie Zumbro led the Pledge of Allegiance to the flag.  

MAYOR'S WELCOME

Mayor Barham welcomed everyone to the City Council Meeting.  

CITIZEN’S INPUT

Council-elect Smitty addressed the Council regarding the letter he received from the City about noncompliance to the sign ordinance.  Councilman-elect Smitty stated that he thought that he had been compliant, and wanted to discuss this further tonight.  He said that he believed that he could have a temporary sign up for 15 days, and that he has been taking his sign up and down trying to comply with the City Ordinance.   

RECOGNITION

New Council Members         

Mayor Barham congratulated the new Council Members, newly elected M. A. Smitty, and the re-elected Councilmen, Ronnie Hill and Terry Zumbro.  Mayor Barham thanked Mr. Hill and Mr. Zumbro for what they have already done on the Council, and told Mr. Smitty he looked forward to working with him.   

Councilman Bobby Turner

Mayor Barham thanked Councilman Bobby Turner for his eight (8) years of service to the City Council and presented him with a plaque of appreciation from the City.  He recognized all of his many achievements and dedication to the City of Eagleville .  Of the many accomplishments, the Mayor pointed out Councilman Turner’s overseeing the construction of the new ambulance building.  Working with Vice-Mayor Ronnie Hill, not only did Eagleville have the important ambulance service, but had saved the City approximately $84,000.00.  Councilman Bobby Turner thanked everyone and stated that he had enjoyed working with them.             

APPROVAL OF MINUTES

The motion to approve the minutes as mailed and presented was made by Councilman David Rigsby, and seconded by Councilman Terry Zumbro.  The motion passed with a unanimous vote.   

ADDITIONS / DELETIONS TO AGENDA

None.   

OLD BUSINESS

Mayor Barham asked to take the personal privilege after the Third and Final

Reading on the Annexation of going to New Business and presenting the City Budget.  There were no objections.   

Resolution for Planning Commission to City Council – Planned City Services

Mayor Barham stated that the Planning Commission had approved the proposed Resolution and was sending it on to the City Council for approval tonight.  Councilman Terry Zumbro made the motion to accept and Councilman David Rigsby seconded.  There was no discussion.  The motion was passed by a unanimous “Aye” vote.  

Third and Final Reading , Annexation of Bell property, 1084 Hwy 41A

Mayor Barham recommended a motion to approve the annexation on the Third and Final Reading.  Councilman Harold Vincion moved to approve the Annexation on the Third and Final Reading, and Vice-Mayor Ronnie Hill seconded the motion.  The motion was passed by a unanimous “Aye” vote.  

NEW BUSINESS

First Reading , 2004-2005 City Budget

Mayor Barham presented the 2004-2005 Budget to the City Council.  He explained that since the City was going to need money for the park, the expenses for next year have been reduced and were subject to review.  Mayor Barham stated that this is the eleventh budget he has presented, and also the eleventh budget without a tax increase.  There was discussion concerning matching the money for the grant, reduction in line items, such as Beautification, increase in the audit expenses, and raising taxes.  Mayor Barham presented a comparison of tax rate increases for local property.   If taxes went up 10¢ on property tax assessed values, it would increase $5,500.00; .15¢ - $8,250.00; .20¢ - $11,000.00; .50¢ - $27,500.00; and $1.00 - $55,000.00 a year.  The motion was made by Councilman David Rigsby to accept the Proposed 2004-2005 Budget on the First Reading, and was seconded by Councilman Bobby Turner.  A roll call vote was administered by Sherry Marsalis and answered with a unanimous “Yes” from the Council, 6-0.  There will be a second reading on May 25, 2004 .   

POLICE BOARD REPORT

Chief Everett Stone stated everything has been running smoothly.            

FIRE BOARD REPORT

Chief Joe Jackson told the City Council that the Fire Grant had been submitted, and it will be June or later before he knows if it will be approved.   

BEAUTIFICATION COMMITTEE

Chairman Gloria Hill stated that she will have to wait and see about the grant before talking about the park.  She also mentioned that they are still working with a gentleman to come out and paint the mural.   

Alan Farley Grant Report

Mr. Farley thanked the Parks and Recreation Committee for their hard work and dedication on this project.  Mr. Farley also stated that Michelle had been very beneficial to him, and thanked her, Sherry and The Mayor for being helpful in gathering information on short notice.   

Mr. Farley stated that after extensive review of all the surveys and information, he wanted to present his recommendations on the development of the New City Park .

There have been several options reviewed.  The best option is Option 1; develop a Park on existing City-owned property.  This option meets community immediate demands of constructing recreational fields for Baseball, Softball and Basketball/Tennis courts.  The cost for this project in Option 1 is just under $1.4 million.  If lighting and concession stand are excluded, the cost falls to $966, 625.  The estimates do not take into consideration citizens of the community who have stepped forward to offer services to do some of this work.   That will reduce the cost even more.

At this time, he stated, we are not going to apply for the Trails Grant due to the time frame needed to purchase additional property.  The city should take action after the development of the park to obtain additional property to expand the park.

Mr. Farley and the City are currently pursuing other funding options to build a trailhead and trail system in the City of Eagleville .

He also mentioned the ad hock committee has developed a Master Plan that includes purchasing of additional property that will expand the scope of the park and enhance the services offered in the park.

Mr. Farley commended the community for coming together to make this dream into a possible reality.

Mr. Farley’s recommendation to the Council was to pass a Resolution for the grant application to match the 50/50 grant up to $500,000.   The land value and services offered by the community will go toward the city’s 50/50 match.  The grant also requires that the park be under the direction of a Park Board.  Mr. Farley recommended that a Park Board be set up under the current Historic, Beautification and Recreation Committee.  He also told the Council to take into consideration that there is no guarantee on this grant.  If that is the case, then the City can place this development into phases in order to create the park.

Attorney Greg Reed presented a drafted proposed Resolution stating that the City Council for the Town of Eagleville approves the expenditures of up to $500,000 of town funds toward the establishment of the Town Park in the Town of Eagleville , as required by the terms and conditions of the Local Park Recreation Park Fund Grant.  Section Two stated that the Mayor is hereby directed to take the necessary steps to complete the application for said grant, and to report the progress in completing the grant application at the regularly scheduled next City Council Meeting. 

A motion was made to pass a Resolution for the grant application to match the 50/50 grant up to $500,000 by Vice-Mayor Ronnie Hill, and seconded by Councilman Bobby Turner.  A roll call vote was administered by Sherry Marsalis and answered with a unanimous “Yes” from the Council, 6-0.

There was much discussion regarding estimates, plans and specs to how the fields will be built, restrooms, and any penalties if the grant had to be forfeited. 

Mr. Farley stated to the Council that the grant requires that the park be under direction of a Park Board.  Mr. Farley recommended that a Park Board be set up under the current Historic Beautification and Recreation Committee.  Attorney Reed added that the existing board for Beautification, Recreation and Historical issues has the power to appoint that Board.  Councilman Harold Vincion made the statement that a Council Member should be appointed on the new Park Board to report back to the City Council.  Councilman Harold Vincion stated that the ad hoc committee we have now was fine, with Councilwoman Debbie Ryan on the committee.  The other members are: Gloria Hill, Kim Baehr, Melissa Buchanan, Carolyn Barham, Janie Zumbro, John Somers, Jeff Mooneyham, Ralph Marshall, John E. Turner, Peyton Hill, Dawne Davis, Bill Tollet. 

Mayor Barham asked for a motion to be made for a Board to be appointed that would oversee the establishment and oversight over the proposed Town Park , and the Board be made up of 12 citizens and one Council Member, to be appointed by the City Council. The Park Board will report directly to the Beautification, Recreation and Historical Commission, and then the Beautification, Recreation and Historical Commission reports directly to the City Council.  Vice-Mayor Ronnie Hill made the motion, and was seconded by Councilman David Rigsby.  A roll call vote was administered by Sherry Marsalis and answered with a unanimous “Yes” from the Council, 5-0.  (Councilman Turner had left the Council Meeting before the vote was taken.)

Mayor Barham entertained a second motion for the members on the ad hoc committee be appointed to the new Park / Recreation Board by the City Council tonight.  Councilman Harold Vincion made the motion, and it was seconded by Terry Zumbro.  A roll call vote was administered by Sherry Marsalis and answered with a unanimous “Yes” from the Council, 5-0.  

OTHER BUSINESS

Councilman David Rigsby stated that he had been getting a lot of comments regarding Mr. Smitty’s sign and sign permit.  “The citizens of Eagleville want to know what kind of game is being played with taking the signs up and taking them down.  The Permit needs to be paid and he needs to have the proper sign.  Mr. Smitty is about to become a Councilman and that is a great privilege.  Councilman Rigsby stated that this is a privilege, and not to be abused by someone coming on to be a Councilman who will not uphold the laws or the ordinances of the City.  The laws and ordinances have been written by the City.  We can't have this type of action from a Councilman.  How are we going to enforce any ordinance when one of our Councilman cannot follow the City Ordinance? When you take the oath, it says to uphold the laws and the ordinances of the City.  If you’re not going to do that, you need to resign now, before you take office.  This stuff needs to be taken care of before you go into office the first of May.  It would be a disgrace and a laughing joke to the City of Eagleville if this is not taken care of and you’re sworn in by not following the laws and the ordinances of the City.  It needs to be done.  This is not a game.  It doesn’t make any difference whether you think it needs to or not, it needs to be done before you take office.”

Mr. Smitty responded by saying he really is not trying to disgrace the City of Eagleville in any way.  He has ordered his sign to be built that will hang from his mailbox.  The sign will be a few inches under four square feet.  Mr. Smitty stated that Mr. McCord can verify that that’s what the Planning Commission decided on that he could have.  Mr. Smitty told the Council that he has ordered Mr. Richardson to build his sign.  Mr. Richardson has been overloaded with work. 

Mr. Smitty stated from what he can read in the ordinance, that he can have a temporary sign up for 15 days, so he takes it down before that time.  This business is his livelihood.  He is not trying to play any game or disgrace the City.  He is just trying to run a small business and make an honest dollar.  As soon as the new mailbox and sign are finished, he will install it that day. 

Councilman Rigsby told Mr. Smitty that was no excuse.  He then asked him if he had paid for the permit yet.  Mr. Smitty responded to him that he didn’t know that he needed a permit.  The City Council then told Mr. Smitty that he needed a permit.  Mr. Smitty said the permit was $25.  Councilman Rigsby said it didn’t matter if it was a $100.00, it needs to be paid.  This is City business and the permit is a very reasonable price of $25.00.  Mr. Smitty asked for how many days?  Mayor Barham responded, “It was supposed to have been done six months ago.”        

Councilman Rigsby told Mr. Smitty that the sign needs to be taken down and left down, and pay the $25.00.  Councilman Harold Vincion told Mr. Smitty that even if the sign has been taken down, there is still a banner hanging from the front porch.  Mr. Smitty asked if a banner was against the City Ordinance.  He didn’t think that it was.  Attorney Reed told Mr. Smitty that a banner is a sign, and he would be happy to take that to Chancery Court if that’s where this is headed.  Attorney Reed agreed that it would be difficult for him in the future to pursue people in litigation over some serious issues that may be raised if we can't have some type of uniformity and enforcement of these things.  Attorney Reed stated that he will do what this Council directs him to do. 

Mr. Smitty stated that he doesn’t want it to go that far.  Attorney Reed told Mr. Smitty that he controlled it.  Councilman Harold Vincion talked to Mr. Smitty as a friend, “that it is a joke to the City and the citizens.  It has gotten to be a laughing stock.  He has received numerous phone calls stating that if Smitty can do what he wants to do, I can do what I want to, and then asking what the City Council is going to do about it.  He told Mr. Smitty that he has put them in a bad situation, spouting off in the paper that he was for the small business man and yet, there are four small business people on the City Council, and stating you were going to represent them.  That is a slap in their (Councilman’s) face.  Also, telling the Tennessean that the people on The Planning Commission didn’t have any common sense; that’s a slap in the face to the people on the Zoning Board.”  Councilman Harold Vincion stated that he didn’t know where Mr. Smitty was taking it, but he was tired of getting phone calls and tired of hearing comments.  And if Mr. Smitty is not going to do what the City Ordinances and what the City Regulations are, then he agrees with Councilman David Rigsby, that he doesn’t need to be on the City Council representing the people. 

Councilman Harold Vincion said that if he was doing something wrong, then he would want someone to tell him, and he would correct it.  He told Mr. Smitty that he has made a joke out of the City Council.  The Council has tried to be lenient with him, and had given him a chance, but he just keeps pushing the envelope.  Councilman Harold Vincion explained that he was not trying to be hateful or smart, just telling him as a friend. 

Councilman Harold Vincion made the motion that the City Council uphold and enforce the City Ordinances.  Councilman David Rigsby seconded the motion.   

Discussion

            Mayor Barham explained that he did as the City Council asked him to do. He sent Mr. Smitty a letter and stated specifics.  All the Council Members were given a copy of the letter.  After the deadline of April 30^th, as mentioned in the last City Council Meeting, it goes to the Attorney. 

            Mr. Smitty stated that he would go home tonight and take the banner that is hanging on the porch down, and will not put up the other sign that he screws to the tree beside his driveway, and when Mr. Richardson does get his sign done, he will come and get the proper permit.  Mr. Smitty asked the Council if that was satisfactory.   The Mayor and the Council responded that it was not. 

Vice-Mayor Ronnie Hill asked Mr. Smitty how long he has had it ordered.  Mr. Smitty responded with quite some time.  Vice-Mayor Ronnie Hill told him he needed to get somebody else. 

Councilman Harold Vincion told Mr. Smitty that he can go to Signs Now and they will have one the very day.  Mayor Barham stated to Mr. Smitty that paying the $25.00 is an intent of what he ought to do.  The failure to pay the $25.00 the past six months has led to this situation. 

Mr. Smitty asked the Council that, as of today when he leaves here, if that is satisfactory (to take down the signs.)  Councilman David Rigsby responded to him, “if he brings the $25.00 to pay for the permit.”  Mr. Smitty stated that he would pay it. 

            Mayor Barham stated they had the motion and the second. The motion was passed by a unanimous “Aye” vote.   

Bids for Sidewalk

            Mayor Barham and TDOT officials thought all the paperwork was ready to send out bids on the $50,000.00 sidewalk grant.  The Fish and Wildlife Conservation report had been sent with the other sidewalk grant, but could not be located with the $50,000.00 grant.  As soon as the proper letter is sent, bids will be advertised.     

ADJOURNMENT

With no further business to discuss, the meeting was adjourned at 8:22 p.m.   

______________________

Dr. Nolan S. Barham, Sr.,                                                                    Michelle Bennett Mayor                                                                                                  Executive Secretary