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May Minutes of the City Council

The original, signed document is located at City Hall and is available for viewing or copying upon request.  


                                             MINUTES OF THE REGULAR SESSION OF

                        THE CITY COUNCIL OF THE TOWN OF EAGLEVILLE, TENNESSEE

                                                             May 28, 2009   7:00 PM


            The Mayor and City Council members met in a regular session in the Eagleville City Hall, City of Eagleville, Rutherford County, Tennessee on May 28, 2009 at 7:00 pm with Mayor Sam Tune presiding. 


COUNCIL MEMBERS PRESENT

Vice Mayor Ronnie Hill                                    Councilman David Rigsby

Councilman Alan Ball                                     Councilman Wes Fitzgerald


Absent:  Councilwoman Donna Jensen


STAFF

            Colleen Adams, City Recorder             Fire Chief David Martin


GUESTS

            David Turner                                                       Virginia Turner

            Mary Tune                                                       Jesse June

            W. Brant Ogles                                                 Nancy R. Ogles

            Matthew Ogles                                                  Robert Maxwell

            Jonathon Maxwell                                             Joseph Carpenter

            Donald True                                                     Debbie Ryan

            Daniel Coffey                                                   Craig Sewell

            John Turner                                                      Darrin Rowell

            S. Tommy Jobe                                                Art Jensen                   


INVOCATION
                 
Led by resident David Turner


PLEDGE OF ALLEGIANCE 
            Led by Pastor Joseph Carpenter


ROLL CALL  
            Roll was called by City Recorder, Colleen Adams.  All members were present, with the exception of Councilwoman Donna Jensen.


CALL TO ORDER 
             Mayor Tune welcomed everyone to the meeting and for the interesting their City, and stated he encouraged all residents to get involved.  Mayor Tune stated there was a lot of business to cover tonight and then Called to Order the Public Hearings and invited the public to speak.


PUBLIC HEARING FOR ORDINANCE 09-01 (Beer Board/Sales)


CITIZEN INPUT
        Mayor Tune Invited anyone who wishes to speak please do so.


        Pastor Joe Carpenter spoke, and apologized for not coming to the Council meeting before.  Mr. Carpenter stated he was approached by many people who felt that they were not being heard and were afraid what they said would not matter.  Mr. Carpenter continued by reading from a prepared statement and stated that he had heard from many people in the area, people who did attend his church and some who did not who are opposed to the Beer Ordinance, and stated to the Council that he and the others felt it was not made clear to the public that they had a voice.  Mr. Carpenter then read that he and others heard that it did not matter what they thought because a retailer from outside the area would come in and sell Beer even if a local store did not.  Mr. Carpenter continued by stating that although he was called to represent a part of the are residents through his Ministry, the Council was there to represent all people in the community and act on the best interest of the residents whether or not they agreed with them.  Mr. Carpenter continued by saying he was not there to debate the morality of drinking, but that he did not think that the revenue that would be generated was not worth the effects statistics have shown and challenged the Mayor to show the concerned citizens what plan their plans were to help the families who are affected by addictions to drugs and alcohol and asked the Council to be a party that our forefathers intended and be there for the people, of the people and by the people and let them decide.  Mr. Carpenter stated he and his church members were praying for the Council by name.


         Nancy Ogles spoke, and stated that Beer could be bought outside the City limits, and it did not cause an inconvenience for anyone buying it.  Ms. Ogles stated that by not selling alcohol, Eagleville maintains being known as a small Christian town.  Ms. Ogles stated that we do not have a Police to patrol and she understands that the main motivation for Beer Sales is money, but that new businesses have come in to the area such as Dollar General, EagleRoost and others without selling alcohol.  Ms. Ogles further stated the town has flourished for decades as a dry town and feels that the issue should wait to be voted on at the next election, and by a Mayor that was elected and not appointed, and asked the Council to wait on such an important morality issue and cited that the laws are there for a reason.


        Pastor David Martin spoke, and stated he was also the Fire Chief and was there to represent three area churches.  Mr. Martin stated that Eagleville is a small town and he can sit on one end of the town and see the other and does not think Beer sales will grow the City but will bring an element the City dies not need.  Mr. Martin stated that the Fire Department will be picking up people off the road and had planned for a recovering alcoholic to come and speak to the Council.  Mr. Martin continued the City does not need alcohol sales and that Eagleville needs to stay the sleepy little town where people can come to get away from all that.  Mr. Martin further stated that his District Supervisor for the church was also opposed to Beer Sales and supported his decision.


         Pastor Bobby Maxwell spoke and stated that the Council needed to realize that this is a moral issue, and that statistics show trouble.  Mr. Maxwell stated that knowing someone will go into a restaurant and drink a beer and then get in a car and drive and 9/10 times nothing will happen, but asked the Council if that 1 time if they will be prepared to face the family affected.


         Mayor Tune thanked all for speaking and that he appreciated their comments.   Mayor Tune adjourned the Public Hearing for 09-01 and Called to Order the Public Hearing for Ordinance 09-02.                 

         

PUBLIC HEARING FOR RESOLUTION 09-02 (2009/2010 City Budget)


CITIZEN INPUT
              Mayor Tune Invited anyone who wishes to speak please do so.

                    

          Craig Sewell spoke and asked the Council how he can get a hold of a decent Financial Statement. 


            Mayor Tune responded to Mr. Sewall and stated that the City Recorder was working on it, and that recent reports were much better.  Councilman Alan Ball stated that the reports they were getting are much better and are getting more reports showing the numbers.  Mr. Sewell asked about the possibility of the report being available in the newspaper or online. 


            With no other Citizen Input, Mayor Tune adjourned the Public Hearing and stated a motion was in order to approve the Agenda.


ADOPTION OF THE AGENDA
            Councilman Alan Ball made a motion to adopt the agenda, with Vice Mayor Ronnie Hill seconding.  Councilman Alan Ball made a motion to amend the agenda by moving item #17 to between Items 10 & 11 and was seconded by Councilman Wes Fitzgerald.  A roll call was taken by City Recorder Colleen Adams to approve the amendment and was passed 4-0.  A roll call was then taken to approve the adoption of agenda as amended, and motion was approved 4-0.


CITIZEN INPUT
            Mayor Tune invited anyone in attendance to speak on any issue.


            Councilman David Rigsby spoke, and stated he wanted everyone to know that Carolyn Barham was recently diagnosed with a tumor in her head and was scheduled for surgery, and wanted everyone to keep her in their thoughts.


            Councilman Wes Fitzgerald spoke, and stated that the people who own the lamp shop in town were having difficulties as well, due to their son recently being involved in a car accident.   


FINANCIAL REPORT 
               Councilman Alan Ball stated that he had reviewed the financials for the month of April 2009 and that the only thing he saw was a check being recorded in the wrong account and that it had been fixed.  A motion was made by Councilman Alan Ball to approve the April 2009 Financial reports and was seconded by Vice Mayor Ronnie Hill.  After a vote taken by City Recorder Colleen Adams, the motion passed 4-0.


APPROVAL OF MINUTES
              A motion was made by Vice Mayor Ronnie Hill to approve the April 2009 minutes as mailed.  Councilman Wes Fitzgerald seconded the motion.  After roll call by City Recorder Colleen Adams, the motion passed 4-0.



NEW BUSINESS


Council Vacancy
             Councilman Alan Ball made a motion to appoint Darrin Rowell to fill the vacant council seat left by Sam Tune, and Councilman Wes Fitzgerald seconded.  Mayor Tune asked Mr. Rowell to introduce himself and tell a little about himself.  Mr. Rowell stated he has lived in Eagleville for about 2 years with his wife and 2 children, and is interested in the City for the long haul.  Mr. Rowell stated that a lot of his background in management consultant could be use to benefit the City and would like to help the City by filling Sam's term.  With no other nominations, a vote was taken by City Recorder Colleen Adams, and the motion passed 4-0.  City Recorder Colleen Adams then swore in Mr. Rowell in as Councilman, and he took his place at the Councils table.    


            Mayor Sam Tune welcomed Mr. Rowell to the Council, and stated his experience will be a tremendous asset to the City.



PARK REPORT
            Vice Mayor Ronnie Hill stated that Rutherford County is sending out a work release work force to help in the park and  that they have been a big help.  Vice Mayor Hill also stated that Mayor Tune had donated a sign to the Park, and that they were in the process of getting it tunneled out under the road for the power to light it.  Vice Mayor Hill mentioned also that he brought flyers t the meeting and invited anyone to take them to pass them out to publicize the upcoming Main Street Festival and Car Show.  Councilman Rigsby asked if there were any flooding problems due to all the recent rain.  Vice Mayor Hill stated there have been no flooding problems. 


            A resident asked to speak, and was given permission by Mayor Tune.   The resident suggested that the Council give the work release inmates some water or food because they work hard.  Mayor Tune stated he is in the process of working with the Sheriffs Department in finding out what they can and cannot do for the inmates, as he foresees using them becoming a long term agreement.  Mayor Tune wanted everyone to be aware that these inmates are non-violent offenders and not hardened criminals, but they are people who have made mistakes.  Councilman Fitzgerald asked if the City would pay for the items if the inmates were given anything.  Mayor Tune stated the City would pay.  Vice Mayor Hill stated the inmates have been coming for a few weeks to the park and that they have worked hard and done a good job of cleaning, painting, weed eating and keeping the park up.  He further stated that if someone else were to get trained, they could break up the inmates to do other work around the City.  Mayor Tune stated that the inmates could not go into a business or work on private property.                     

              

FIRE REPORT 
             Chief David Martin spoke and stated the Fire Department was doing well, and currently there were 17 men and 1 lady on the roster.  Chief Martin also stated that 2 Fire Fighters were attending Fire Fighter II School, and another one attending Live Burn School, which would work towards their certification.   Chief Martin also stated that since the last meeting, the other department s in the County had taken a vote, and not all agreed to change to the insurance company that offered their quote which would enable them to get the additional $5 Million increase in liability coverage ordered by the County Mayor.  Chief Martin stated the County is reducing their Quarterly payments.  Chief Martin also stated that he is continuing to look into other insurance companies and is hoping to find one that insures Fire Departments only due to the lower rates they offer.  Chief Martin also explained the Department is waiting for the Combo Tool to become Extrication Ready, and once the tool is received the County will extend their zone.  Chief Martin explained although the tool would be kept and used by the Fire Department, another was going to pay for the tool and the insurance, but Eagleville Fire Department would be responsible for the maintenance.  Mayor Tune invited all Council members and citizens to stop by the Fire Station during training to see and meet the Fire Fighters, and stated Eagleville was lucky to have the Fire Department they have.      



POLICE REPORT
            Mayor Tune stated he believes most citizens would like a Police Department, and that all business owners would like to see one.  Mayor Tune also stated that as most know, the City applied for a Grant and will find out if approved or not in August or September and that $1 Billion is available from the government, and $8.3 Billion were applied for, and stated Eagleville is as deserving as anybody.   Mayor Tune also stated that the equipment currently owned by the City will be looked at to determine disposal or if need to keep.  City Recorder colleen Adams stated that she received an email asking for more information, and had responded immediately.        



SEWER REPORT
            Mayor Tune stated he had been on the phone a lot and attended a lot of meetings recently about the Sewer, and that he, Vice Mayor Ronnie Hill and Councilman Ball had attended a seminar recently at MTSU given by Tennessee Watershed Association. Mayor Tune stated they are making progress gathering information.  Mayor Tune stated several months ago the City made an agreement with the James C. Haley Company at no cost to perform a Feasibility Study for a Step System, and that recently the SEC Company has offered to the City the same type of proposal for the possible implementation of their Membrane system.  Mayor Tune stated the quality if the water discharged from the Membrane system is amazingly clear and can be discharged back in to the rivers and streams.  Mayor Tune also stated that this system is endorsed by the Tennessee Watershed Association. 


            After discussion, Councilman Alan Ball made a motion to ask the James C. Haley Company to suspend their feasibility study at the present time, and was seconded by Councilman Wes Fitzgerald.  After a vote taken by City Recorder Colleen Adams, the motion passed 5-0.        


           

ZONING REPORT
             Linda Lichtenberger spoke, and stated that 1 zoning permit had been issued for a remodeling of the new restaurant in town.  Ms. Lichtenberger addressed the Mayor, and stated she had put in his folder a letter and is asking the Mayor to sign regarding the development of the Community Building Code Administration Grant Act that can be sent to Senator Corker, stating his support.   Councilman Alan Ball made a motion, and was seconded by Councilman Darin Rowell, to support the Community Building Code Administration Grant Act.  After a vote taken by City Recorder Colleen Adams, the motion passed 5-0. 


           


OLD BUSINESS


2nd Reading Ordinance 09-01 (Beer Board/Sales)
            Mayor Tune thanked all for their courage for speaking up and thanked the City Council for their votes and input on such a serious matter.  Councilman Alan Ball made a motion to accept Ordinance 09-01, and Councilman Darin Rowell seconded.  After a vote taken by City Recorder Colleen Adams, the motion passed 4-1, with Councilman David Rigsby voting "no".


        Councilman Fitzgerald spoke, and stated it was not on the agenda, but he had received a complaint about the trailer in back of the log cabin.  Ms. Lichtenberger stated she would look into it.


2nd Reading - Resolution 09-02 (2009/2010 City Budget) 
            Mayor Tune stated a motion was in order for the 2nd Reading of Resolution 09-02.  Vice Mayor Ronnie Hill made a motion to accept Resolution 09-02, with Councilman Alan Ball seconding.  After discussion, a vote was taken by City Recorder Colleen Adams, and the motion passed 5-0.


Other Business
              Councilman Wes Fitzgerald asked why City Attorney Adam Dodd was not at the past few City Council meetings, and was concerned that he was not notifying the City Recorder that he would not be there.  Vice Mayor Ronnie Hill recommended that the City write a letter to Mr. Dodd asking if he wanted to remain as the City Attorney.   Mayor Tune stated he had concerns over the serious nature of the item being discussed and legal input is needed.  Mayor Tune further stated that the Council and everyone working for the City should take their positions seriously, just like if they were working in Murfreesboro or Nashville.


            Mayor Tune reminded everyone that remarks are to be spoken at Citizens input, and not spoken aloud throughout the meeting.    


           

PLANNING COMMISSION REPORT
            None.


MAYORS REMARKS
            Mayor Tune stated that Citizens who are paying their dues back to society will be here to paint City Hall tomorrow if anyone would like to stop and help, and encouraged a City wide cleanup.  Mayor Tune stated the phone company will be out to remove excess lines, and Middle Tennessee Electric will be here to hang a banner for the Main Street Festival in the morning.   Mayor Tune also stated that the property across from City Hall had been cleaned up.  Mayor Tune stated that he is concerned about the economy, and that Rutherford County is one of the top growing counties.  Mayor Tune went on to say that the City Hall inventory is done, and the claim for the Cross Walk pole is turned in and will let the City Recorder know if they will pay. 


Mayor Tune stated he had heard comments that there are too many new comers in Eagleville, and stated if not for the new comers, there would be no EagleRoost, Dollar General, Bread & Jam, Las Fiestas or many other businesses.  


Mayor Tune reminded all that the Main Street Festival was on June 13th and they need all the help they can get and sponsors are still needed. 


Councilman Alan Ball made a statement he would like for everyone to know that Ms. Paula Tipton from Regions Bank has hurt her back and is facing possible surgery.                     

           

ADJOURNMENT
            Councilman David Rigsby made a motion for adjournment, with Councilman Darin Rowell seconding.  The meeting ended at 9:25 pm by a unanimous "aye".

           



_____________________________          __________________________

Mayor Sam Tune                              Colleen Adams, City Recorder