MINUTES OF THE REGULAR SESSION OF
THE
CITY COUNCIL OF THE TOWN OF EAGLEVILLE, TENNESSEE
June 25, 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 June 25, 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
Councilwoman Donna Jensen
Absent: Councilman Darin Rowell
STAFF
Colleen Adams, City Recorder Fire Chief David
Martin
GUESTS
David Turner Mary
Tune
Andy Soapes
Gail Strickland
John Turner Craig
Sewell
Donna Jordan Crystal
Rocheblaue
Rita
Shacklett
Herbert Crick
Edward J. Fehlner, Jr. Judith
Fehlner
Bridget Fitzgerald
INVOCATION - Led by resident David Turner
PLEDGE
OF ALLEGIANCE - Led by Mr. Craig Sewell
ROLL CALL
Roll was called by City Recorder, Colleen Adams. All members were present, with the exception of Councilman Darin Rowell.
CALL TO ORDER
Mayor
Tune welcomed everyone to the meeting and asked that anyone with an electronic device please turn it off. Mayor Tune
also stated anyone who wishes to speak may do so during Citizens Input, and asked that comments be limited to 3 minutes.
ADOPTION OF THE AGENDA
Councilman David Rigsby made a motion to adopt the agenda as written, with Councilman Wes Fitzgerald seconding. A roll
call was taken by City Recorder Colleen Adams and motion was approved 5-0.
CITIZEN INPUT
Mayor Tune Invited anyone who wishes to speak please do so.
Mr. Herbert Crick spoke, and stated that 2 parcels of property adjoining his property are not being mowed or kept up, and
asked if the City had any code that could be enforced. Mayor Tune thanked Mr. Crick, and stated the City did have regulations,
and now that she is aware of it the Codes Administrator Ms. Lichtenberger would look into the complaint.
Mr. David Turner spoke, and
asked the Council if they would consider talking with Schaeffer International about a sewer system as they were kind enough
to meet with the City four years ago, the last time a sewer was discussed. Mayor Tune stated he had received a phone
message from a Mr. Myer of Schaeffer International, and plans to return to the call. Mr. Turner also stated that the
painting and improvements to City Hall looks great.
FINANCIAL REPORT
Councilwoman Donna Jensen stated that she had reviewed the financials for the month of May 2009 and that she wanted
to make sure she did the right thing, and had many questions regarding the accounts. She stated City Recorder, Colleen
Adams had explained everything. Councilman Alan Ball questioned the finance and late charges for the Lowes Credit card.
City Recorder Colleen Adams explained the charges were in error due to a mix-up with the billing address and the City not
getting the 1st statement, and the City did not pay those charges. Councilman Alan Ball questioned if any
profits were made on the Main Street Festival. City Recorder stated that as of today, there was a profit of $975.00,
and since a few donations had not been received yet, the amount is expected to be higher. A motion was made by Councilman
Alan Ball, and seconded by Councilman Wes Fitzgerald to approve the Financial Report. After a vote taken by City Recorder
Colleen Adams, the motion passed 5-0.
APPROVAL OF MINUTES
A motion was made by Vice Mayor Ronnie Hill to approve the April 7, 2009 minutes as mailed. Councilman Alan
Ball seconded the motion. After roll call by City Recorder Colleen Adams, the motion passed 5-0.
A motion was then made by Councilman Wes Fitzgerald to approve the May 25, 2009 minutes as mailed. Councilman David
Rigsby seconded the motion. After roll call by City Recorder Colleen Adams, the motion passed 5-0.
PARK
REPORT
Vice
Mayor Ronnie Hill stated that everything was going good at the park, that the inmates are still coming out to work, and that
there are tournaments going on right now. Councilman David Rigsby suggested that the park hold a Bluegrass Music Festival
as a fundraiser, and will get more information. Councilman Ball asked about the terms of the tournament
going on. Vice Mayer Ronnie Hill stated that an outside source was running the tournaments, but that the city would
get all the concessions money.
FIRE REPORT
Chief David Martin spoke and stated that everything was going well with the Fire Department. Chief Martin stated
that Fire Calls were down, but they did respond to a few car fires and illegal burns. Chief Martin stated that the burn
restrictions have been lifted by the State, but he is putting a ban on burning City wide for the next week to 10 days due
to Consolidated Utility District working on the water tower and lines, and the hydrants not having enough pressure.
Mr. Craig Sewell stated he had water tanks available for the Fire Department to use, and Chief Martin stated he would meet
with him after the Council meeting to discuss that possibility.
POLICE REPORT
Mayor Tune stated that as most everyone knew, a grant had been applied for by the City and no word has come yet saying if
the application was approved yet, but he hoped to hear something in September.
ZONING REPORT
Linda Lichtenberger spoke, and stated that 2 complaints had been addressed and corrected this past month. Ms.
Lichtenberger also stated that at the called Planning Commission meeting held on June 15th, the variance request
for ingress/egress for property on Clark Street was approved. Ms. Lichtenberger recommended that the application deadlines
for requests be posted on the website. Ms. Lichtenberger stated that Ms. Dyers work has been helpful. Ms. Lichtenberger
stated to City Attorney Adam Dodd that she would like to speak with him after the meeting. Mr. Dodd asked if it was
regarding the letter she had written to him, and when she stated yes, Mr. Dodd stated he had looked into the matter, and at
the time Eaglecrest I and II was done, a bond was not required. Mr. Dodd stated that for Eaglecrest III he assisted
the developer with a letter of credit that was issued in lieu of a bond and accepted by the Planning Commission, as he was
told that was acceptable per current subdivision regulations. Mr. Dodd sated it was his understanding and he was told
prior to that, bonds were not required. City Recorder Colleen Adams stated she wanted to make all aware that the
deadlines and requirements for zoning were already on the website.
RECORDS REPORT
Glenda Dyer presented to the Mayor and Council books containing the Municipal Codes. Ms. Dyer also stated that
she spoke with an attorney at MTAS, and was told that the codes are now ready for their codification. Ms. Dyer stated
the signed copy could not be located, but the January 27, 2004 City Council minutes showed where it was approved. After
discussion, it was determined that the Codes could be amended if the Council determined the need, with work sessions and ordinance.
City Attorney Adam Dodd suggested to the Council that they send the book for codification, and once returned they could hold
work sessions and review and update if needed all ordinances as a whole, and pass with one resolution and public hearing instead
of doing one for each individual code. Ms. Dyer stated she has been going through the City contracts and filing
them as well. Mayor Tune stated he appreciated all the work Ms. Dyer had done.
SEWER
REPORT
Mayor Tune stated that they were
still looking into the feasibility of a sewer system for the City. Mayor Tune stated that the Council was still gathering
information and no decisions have been made. Mayor Tune stated that there have been many rumors around town about the
cost, but nothing is known at this time, but that preliminary costs may vary from $20.00 to $40.00 per household. Mayor
Tune further stated that he believes a sewer system is integral to the growth of Eagleville. Mayor Tune then stated
that on Tuesday of the next week he and Vice Mayor Ronnie Hill would be going to Alabama to visit a site using a membrane
system, and invited all in attendance to go with him at their own expense.
OLD BUSINESS
3rd
& Final Reading Ordinance 09-01 (Beer Board/Sales)
Councilman Alan Ball made a motion, with Councilman Wes Fitzgerald seconding to approve the 3rd &
Final reading of Ordinance 09-01. Councilwoman Donna Jensen stated she had some concerns about the residents that spoke
against the Beer Board at the last City Council meeting and giving them a voice, and suggested that the Council change the
Ordinance to allow for packaged sales only at this time. Mayor Tune thanked Councilwoman Jensen for her input. After
a roll call taken by City Recorder Colleen Adams, the motion passed 3-2, with Councilman Ball, Councilman Fitzgerald and Vice
Mayor Hill voting for, and Councilman Rigsby and Councilwoman Jensen against. Mayor Tune stated that with the passing
of this ordinance, it will override Section 8-01 of the City Code and wanted everyone to be aware of that.
3rd & Final Reading - Resolution 09-02 (2009/2010 City Budget)
Councilman David Rigsby made a motion which was seconded by Vice Mayor Ronnie Hill to approve Ordinance 09-02.
After discussion of a few corrections discussed at the last meeting, a roll call was taken by City Recorder Colleen Adams,
and the motion passed 5-0. Councilman Ball stated he would like to see the budget for next year categorized to check
the monthly progress. Vice Mayor Ronnie Hill stated that has been done, and is included in the monthly reports the Council
now receives. Mayor Tune suggested to Councilman Ball to submit a sample of what he is talking about to the Council
prior to the next meeting.
NEW BUSINESS
Rutherford County
Chamber of Commerce "Business After Hours"
Mayor Tune stated that last November the Chamber had their "Business After Hours" event in Eagleville,
and because of the success, the City was asked to host one this August. After discussion, Councilman Wes Fitzgerald
made a motion that the City of Eagleville be involved in the Chamber of Commerce "Business After Hours" in August,
and was seconded by Councilman Alan Ball. After a vote taken by City Recorder Colleen Adams, the motion passed 5-0.
Mayor Tune stated the details would need to be discussed at a Commerce & Merchants Association committee meeting.
City Attorney Adam Dodd reminded the Mayor and Council that according to the City Charter, the Council may be prohibited from
making appropriations or donations, and the council may need to take a closer look before deciding on any amount. Vice
Mayor Ronnie Hill stated that this would fall under Economic Development for the City, and would not be a donation.
Trash Dumpsters
Mayor
Tune stated there has been discussion recently regarding the dumpster outside of City Hall, and that City Recorder Colleen
Adams has been researching other companies to get a lower rate. Councilman Ball suggested the City use a trash pick
up company, like the ones he uses personally. Vice Mayor Hill stated he felt like the lighter containers would blow
around. City Recorder Colleen Adams stated the contract expires in September, and that no changes could be made until
then. Mayor Tune asked City Recorder to take care of the matter and use her discretion.
Pedestrian
Pole
Mayor Tune stated
a claim had been filed for the damage to the pedestrian pole, and that a check has been received for $2,450.00 by the City.
After discussion, Councilman Wes Fitzgerald suggested the City Recorder call S & W and try to renegotiate the contract
price quoted. Mayor Tune agreed with Councilman Fitzgerald, and asked Ms. Adams to look into.
PLANNING COMMISSION REPORT
None.
CLOSING REMARKS
Councilman David Rigsby stated that the council should reconsider giving City Recorder Colleen Adams a raise, and
giver her at least a cost of living increase. Councilman Rigsby stated she is a "good one" and would hate
to see her leave. Mayor Tune stated he agreed, and that he and Ms. Adams have been discussing reopening City Hall hours
on Fridays, and asked the Council to go home and think about this, and how they would like to be treated.
Councilwoman Jensen stated she would like to see something done about the climate control in City Hall. She stated she
had worked in the office for a few days, and does not know how the City Recorder can stand the heat as the Air Conditioner
does not work well. Vice Mayor Ronnie Hill reminded the Council that to discuss these extra items, they would need to
be added on the agenda.
Mayor Tune stated the
Main Street Festival was a success, and although not a lot of money was raised, it was still a success because of the high
number of people that attended and vendors that participated. Mayor Tune stated that the work to the outside of City
Hall was completed, and acknowledged everyone who helped. Mayor Tune further stated that for the first time in a long
time that currently all positions on the City Council and Planning Commission were full. Mayor Tune thanked all for
attending and being involved in their City.
Councilman Ball asked City Attorney Adam Dodd if there was any information regarding Ms. Bennett's sentencing. Mr.
Dodd stated that City Recorder Colleen Adams had sent an email to the Mayor and Council which did a good job of detailing
the terms. Mr. Dodd stated to the Council that Ms. Bennett is required to submit a letter of apology to the City, make
an attempt to repay the $8,000.00 not paid by insurance, find a job, and received a 6 year sentence to be served as probation,
and has already served 90 days in jail. Mr. Dodd further explained how probation works and that if Ms. Bennett successfully
completes the terms, the charges could be dropped from her record and if any violation of her sentence occurs, diversion would
not occur and she may be required to return to jail to serve the remainder of the sentence. Mr. Dodd stated that all
City documents used as evidence would now be returned to City Hall. Mayor Tune thanked Mr. Dodd.
ADJOURNMENT
Councilman David Rigsby made a motion for adjournment, with Councilman Alan Ball seconding the motion.
The meeting ended at 7:58 pm by a unanimous "aye".
_____________________________ __________________________
Mayor
Sam Tune
Colleen Adams, City Recorder
