The Mayor and City Council members met in a called session in the Eagleville High School Library, City of Eagleville, Rutherford County, Tennessee on September 29, 2009 at 6:30 pm with Mayor Sam Tune presiding.  

Mayor Sam Tune                                            Councilwoman Donna Jensen

Vice Mayor Ronnie Hill                                    Councilman Alan Ball

Councilman Wes Fitzgerald                             Councilman David Rigsby

Councilman Darin Rowell

            Leon Sharber, City Attorney

            Jamie Reed                                                       Mark Lee        

            Andy Soapes                                                    John Turner

            Glenda Dyer                                                     Craig Sewell

CALL TO ORDER

     The meeting was called to order at 6:30 pm by Mayor Tune. 

      Mayor Tune welcomed all in attendance to the meeting.  Mayor Tune then explained that the City Recorder would not be attending due to a prior commitment made before the meeting was called, and that he had her recorder and would be performing roll call.  All members were present.

ADOPTION OF THE AGENDA

     Mayor Tune once again welcomed all to the meeting and stated regardless of the outcome, this was a historical moment for the City and a very serious meeting.  Vice Councilman David Rigsby made a motion to adopt the agenda and was seconded by Councilman Alan Ball.  Vice Mayor Ronnie Hill asked about the process of motions and discussion regarding the contract.  City Attorney Leon Sharber recommended due to the nature of the business and after a discussion, the motion was made to discuss the SEC contract and then make a motion, and was seconded by Councilman Alan Ball.   After roll call vote by Mayor Sam Tune, the motion passed 6-0.  Councilman David Rigsby then made a motion to amend the motion for the adoption of the agenda to include discussion first, and was seconded by Councilman Alan Ball.  After a roll call vote by Mayor Sam Tune, the motion passed 6-0.

    Mayor Tune stated he appreciated all for attending and that the City Attorney and SEC representatives Jamie Lee and Mark Lee were here to answer questions, and reminded the Council that they were here to review and approve the SEC contract, and not discuss types of sewer systems.  Mayor Tune asked all in attendance to ask direct questions and not hypothetical’s.  Mayor Tune further stated they wanted this to be professional but to feel free to ask questions.

    Vice Mayor Ronnie had a question regarding Page 11, Section 5.1.1.2 and asked for SEC to explain.  Mr. Mark Lee explained this was the 10% commission they would charge and it related to the paragraph above it.   After discussion , the wording for this section was changed to “less than 3”.

     Vice Mayor Hill then had a question regarding page 15, Section 8.3 and asked for clarification if the engineers make an error and who should be responsible for the cost of repair.  Mr. Lee stated SEC has Errors and Omission Insurance coverage, and in the event a mistake was made by them it would be covered by that.  Discussion ensued.  It was determined this coverage was separate from the contractors.

     Vice Mayor Hill then had a question regarding page 19, Section 6.01 and 6.02 and wanted clarification regarding the Project Manager and local Project Manager.  Mr. Lee explained the Project Manager was a person SEC would provide to oversee the project but would be in and out of the area and not dedicated to Eagleville, but for $40,000.00 SEC could provide a resident Project Manager to be on site at all times or the City could  hire their own resident Project Manager.  Mr. Lee stated that this is an item that is in there for a “could be” or “just in case item” and it was the will of the Council to use all provisions in the contract because not all would necessarily apply or be used by the City. 

     Vice Mayor Hill then had a question regarding page 12 and the fees.  After discussion, Mr. Lee stated that the fees were the usual and customary. 

     Councilwoman Donna Jensen stated that she understands the contract is a standard contract, but wanted to make sure that the contract works and best serves the City and wanted to make sure just because she has questions does not mean she is against the project. 

     Councilwoman Jensen stated she has a question regarding the contract itself, and when first read she had questions regarding the 3 phases and if they were all included in the contract and was told yes by Mr. Lee of SEC. 

    Councilwoman Jensen stated she has a question regarding Page 1, Section 1.21 and the City supplying a “go to” person for SEC and wanted to know who the City would use as their “go to” person.  Mr. Lee stated it would be very helpful to for the City to have a person they could go to if had questions, etc.  Mayor Tune stated a Sewer Board could be put in place for this purpose, but would need to be made up of residents that lived in the City limits per the Charter.  

     Councilwoman Jensen then had a question regarding Page 2, Section 1.2a and how it relates to Section 8, Section 3.48 and the environmental assessment.  Mr. Lee advised Councilwoman Jensen that these are some items that are in the contract in case it was needed, and at this time dies not foresee the need for this type of study done.   Discussion ensued.  Councilman Rowell asked for clarification of why this would be needed, and that it is not a service SEC would provide.  Mr. Lee again stated that most likely this would not be a service needed, but stated he did want the Council to know that the Environmental survey in Section 1.2.8 would most likely be needed and was not a service included in the contract.  Discussion ensued regarding the phases and requirements of each phase and responsibilities of the City and SEC.  Section 5.1.22 was discussed and if it needed to be stricken out of the contract.   City Attorney Leon Sharber stated it was under 2 places: 3.4.3 and 1.28.  Mr. Lee explained the sections, and the Council will be approving the task line in the contract and not each individual service listed in the contract as they may not all be needed, and the contract states who is responsible for them.   

     Councilwoman Jensen then had a question regarding Page 2, Section 1.3.3 and stated the City does not have anyone on staff to address these issues, and wanted to know who would do this.  Mr. Lee stated that the geotechnical service is not covered by SEC, and once the project is started it will then be determined when the study will be needed, and it will cost approximately $5,000.00.  Councilman Rowell stated he felt a lot of this is a moot point, because if no grant money is received then none of these items will matter, and that either the City will get money to pay for sewer and all process, or won’t and won’t have to pay for anything.         

     Councilwoman Jensen then had a question regarding Page 6, Section 1.7.4.  Councilwoman asked to change the word from “assist” to “provide”.  Mr. Lee from SEC stated it could be changed, but that SEC and the City will be working together, and the City will need to make some decisions regarding the processes and system. Discussion ensued regarding the surveyor and what they will provide and what SEC will provide and who will pay for what.

     Councilwoman Jensen then had a question regarding Page 6, Section 2.1.1.  Mr. Lee stated that that item can be marked out, it was left on in error. 

       Councilwoman Jensen then had a question regarding Page 8, Section 2.1.8a.  Councilwoman Jensen stated she would rather agree to one lump sum for their compensation, and not pay on percentage of costs.  Mr. Lee from SEC explained since the City is unsure of what system they

will be approving, it is not possible to give a lump sum, and stated this should be stricken from the contract.

       Councilwoman Jensen then had a question regarding Page 8, Section 3.  Councilwoman Jensen stated she wanted clarification of responsibilities, and who is responsible.  Mr. Lee stated that someone from the City should be responsible, but SEC will be bearing the brunt of the responsibilities.  Discussion ensued.  Councilman Rowell stated that as we go along, the City can each outside to MTAS and others for help and guidance.  Mayor Tune stated that once in place, the Sewer Board would be responsible for a lot of these items and they will solve themselves as the project gets going, and the State of Tennessee will not allow any mistakes due to getting grant funds. 

     Councilwoman Jensen then had a question regarding Page 12, Section 5.2.1.  Councilwoman Jensen questioned how the City would do that.  Mr. Lee stated if she would refer to page 29, it is explained.  Councilwoman Jensen then had a question regarding Page 12, Section 5.2.1.12.  Mr. Lee stated that the item referring to monthly billing should be removed, as they agreed to bill once the project is completed.  Vice Mayor Ronnie Hill stated to Mr. Lee that he wanted him to understand that just because the City will get financing, doesn’t necessarily mean the sewer will be installed, because we might not get enough funds to pay all the bills, and have sewer bills affordable to the citizens.  Mr. Lee stated that if grant funds were received, but the sewer had to wait, he would still expect to be paid something.  Councilman Rowell stated a lot of this is a moot point, because if grants are not received, there will be nothing to pay and if the grant money is received, we can pay.  Councilman Rowell also clarified that the Sewer Committee asked for SEC to come up with 3 systems and operating costs, for them to choose one, and once one is chosen the City then apply for grants. He further stated since it would have been done in good faith, then he thinks they should be paid once grants are received.  Vice Mayor Hill stated that the contract says “funding”, and does not say “grants”, and they are not the same.   The word “grant” was inserted before the word “funding” in sentence 12.  After further discussion, City Attorney Leon Sharber recommended the wording “SEC will be paid for their work referenced above against the grant funding provides for the payment of engineering fees”.  Vice Mayor Ronnie Hill stated he wanted to make sure that payment would not be made unless the system was built.  Councilman Rowell stated that the City Attorney had reviewed the contracted and did not have problems with it, and the Council needed to trust him or not have him.   Vice Mayor Hill stated he had been through this before and wanted to make sure what happened before did not happen again, and if SEC did work, and the City got funding, then they should be paid.        
 

     Councilwoman Jensen then had a question regarding Page 29, Section 3.  Councilwoman Jensen asked how their fee would be determined.  Mr. Lee stated that it would be based on the final construction costs, and through the design of project will have updated cost estimates.   After discussion, Mr. Lees explained their process of phasing, funding searches and services, and that they would include in their proposals room for future growth of the City.  Councilman Ball questioned if SEC plans to install in phases or if they will do whole City, and if they could scale back the plans.  Mr. Lee stated he had been given information and was told to plan for 180,000 gallons.   Mayor Tune stated that before SEC was chosen, he had set up a meeting with Carolyn Stubblefield of GNRC for last week and the engineering firm to meet and to make sure that the selected firm had proper information.  Mayor Tune stated Ms. Stubblefield had been doing this for 16 years and knew every door and how much money was behind each door, but right now did not know how much was available.

       Mayor Tune asked if there were anymore questions.  Councilman Rowell addressed City Attorney Leon Sharber, and asked if he felt like the contract met the City’s expectations.  Mr. Sharber stated yes, but stated he still did have a question regarding page 1 and basic and additional services.  Mr. Lee stated for clarification it was Section 2.1.1, and that it was deleted and was clarified on page 28 and 29, and Page 18.  After discussion,  Mr. Sharber stated he was satisfied with the contract.   Mayor Tune stated this was a very serious matter, and asked each Council member individually if they were satisfied with the contract and the answers they got. Councilman David Rigsby made a motion to accept the SEC contract with amendments made and was seconded by Councilman Wes Fitzgerald.  After a roll call vote taken by Mayor Sam Tune, the motion passed  6-0. 
       

        Councilman Wes Fitzgerald made a motion to adjourn, and was seconded by Councilman Alan Ball.  By a unanimous “aye” vote, the meeting ended at 8:25 pm.

                                                                                    ATTEST:

______________________________                        ___________________________

Mayor Sam Tune                                                         City Recorder Colleen Adams