The Mayor and City Council members met in a regular session in the Eagleville Community Center, City of Eagleville, Rutherford County, Tennessee on September 24, 2009 at 7:03 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

                                Absent:  Councilman Darin Rowell

            Colleen Adams, City Recorder                         Linda Dansby, Codes Administrator     

            Debbie Ryan                                                 David Turner

            Ginger Martin                                               David Martin

            Andy Soapes                                                John Turner

            Cheyenne McFadden                                     Scott Bozeman

            Melissa Buchannan
                                                                                          

CALL TO ORDER

     The meeting was called to order at 7:03 pm by Mayor Tune.
 

     Led by EHS JROTC student Scott Bozeman.

PLEDGE OF ALLEGIANCE

     Led by EHS JROTC student Cheyenne McFadden.

MAYORS WELCOME

      Mayor Tune welcomed all in attendance to the meeting.  He then introduced Ms. McFadden and Mr. Bozeman, and explained he had invited them to attend the meeting and lead the Invocation and Pledge of Allegiance.  Mr. Bozeman then addressed the Mayor and Council and thanked them for inviting them to participate in the meeting and that they had 2 new instructors this year in JROTC and they were looking forward to a great year.

     Mayor Tune read aloud the Announcements handed out at the meeting and stated the City Recorder, Colleen Adams, had worked hard to get exit signs at I-24 and at 840 leading to Eagleville.  All in attendance applauded Ms. Adams.  Mayor Tune also commended Ms. Adams on keeping up the City website and stated many State people and State Officials had commented on it, as well as congratulating her on achieving enough hours to get her City Recorder Certification.

ADOPTION OF THE AGENDA

     A motion was made by Councilman Wes Fitzgerald to accept the agenda as written and was seconded by Councilwoman Donna Jensen.  After a roll call vote taken by City Recorder, Colleen Adams, the motion passed 5-0.

FINANCIAL REPORT

     Vice Mayor Ronnie Hill made a motion to accept the August 2009 Financial Report as presented and was seconded by Councilman David Rigsby.  A question was raised regarding the bank analysis fees on the bank statements, and City Recorder Colleen Adams explained she had spoken to representatives at the bank and the charges were in error and were being reversed.  Councilman Alan Ball stated he had performed the Financial Review and the records looked fine, but wanted to discuss a $500.00 check written on the Fire Department account for trick-or-treat bags and “give-a-ways” for students at Eagleville School for Fire Safety month and feels all purchases should be OK’d by the Mayor and City Council.  Mayor Tune stated the items were in the budget, and feels there should be a level of trust and they should let people make some judgments for purchases.  Mayor Tune also stated that after tonight Boards will be in place to address some of these items.  Fire Chief David Martin stated that October is Fire Safety Month, and every year it is budgeted to purchase items to give to Eagleville Elementary students who come to the Fire Hall or when the Department visits the school during the month, and that the bags contain books and other items to promote fire safety for the children and their parents.  Chief Martin also stated that Engine 4501 is out of service and the costs will be $1,500.00 or more and wanted the Council to know, although he is approved to spend up to $5,000.00 before he is required to come to the Council.   Councilwoman Jensen stated the Council should set policies, and was told by Mayor Tune that there are policies in place that need to be used.  After a roll call vote taken by City Recorder, Colleen Adams, the motion passed 4-1, with Councilwoman Jensen voting “no”.

     A motion was made by Councilman Wes Fitzgerald to approve the August 2009 minutes as mailed.  The motion was seconded by Vice Mayor Ronnie Hill and after a roll call vote by City Recorder, Colleen Adams, the motion passed 5-0.

PARK REPORT

     Vice Mayor Ronnie Hill stated all was going well with the park, and that they were working on getting the sign up.  He further stated Debbie Ryan had submitted a few design ideas for the sign and that the wiring had been done.
 

     Fire Chief David Martin stated there were not many calls the past month.  He further stated that the department had performed tests and had to replace 500 feet of hose.  Chief Martin also stated that he had invited Mr. Keith Lockmiller to attend the meeting and answer any questions the Mayor and Council would have regarding the change of the Fire Department insurance from TML to ESIP.

     Mr. Lockmiller presented to the Mayor and Council a proposal for Fire Department coverage and explained they also provide coverage for municipalities.  After a discussion regarding coverage comparison, rate comparison, and policies, it was determined that Mr. Lockmiller would work closely with City Recorder Colleen Adams to put the policy in place and would assist her in notifying TML.  A motion was made by Councilman Wes Fitzgerald to approve the Insurance change from TML to ESIP for the Fire Department and the City, providing the full premium amount not be more than the City is currently paying and seconded by Councilman David Rigsby.  After further discussion, the motion was withdrawn and a new motion was made by Councilman Wes Fitzgerald for the Fire Department to change from TML to ESIP providing the coverage would be provided at the same or lower cost to the City, and was seconded by Councilman David Rigsby.  After a roll call vote taken by City Recorder, Colleen Adams, the motion passed 4-1, with Vice Mayor Ronnie Hill voting “no”. 

     After further discussion, a motion was made by Councilman Alan Ball for Mr. Lockmiller to put together a proposal to present to the Mayor and Council for insurance coverage for the City coverage including the park and police, and was seconded by Councilman Wes Fitzgerald.  After a roll call vote taken by City Recorder, Colleen Adams, the motion passed 4-1, with Vice Mayor Ronnie Hill voting “no”.

     Mayor Tune he had things in place for the Fire Board.  He further stated by ordinance the City is supposed to have one.  Mayor Tune stated the Board should consist of 3 members, and an ordinance is already on record stating the bylaws.  Mayor Tune further stated it is old, and may need to be updated but they were bound to follow it until then.  Mayor Tune further stated a lot of questions will be taken care of through the Board and recommended for the Fire Board members:

           Councilman David Rigsby – 1 Year Term

           Andy Soapes – 2 Year Term

           Councilman Alan Ball – 3 Year Term

     After discussion, Councilman Wes Fitzgerald made a motion to accept the Mayors recommendation for the Fire Board, and was seconded by Vice Mayor Ronnie Hill.  After a roll call vote taken by City Recorder, Colleen Adams, the motion passed 5-0.

     Mayor Tune stated he had talked to the Rutherford County Sheriff’s Department and asked them to stop in City Hall and walk around town to give more of a presence and they agreed to do.  He further stated the City needs a Police Board even though we do not have a Police Department.  The Mayor then read from the Police ordinance and stated it is almost identical to the Fire ordinance.  Mayor Tune then recommended the following for the Police Board members:

            Councilman Wes Fitzgerald – 1 Year Term

            Paula Tipton – 2 Year Term

            Councilman Alan Ball – 3 Year Term

     After discussion, a motion was made by Vice Mayor Ronnie Hill to re-establish the Police Board and was seconded by Councilman Alan Ball.  After a roll call vote taken by City Recorder, Colleen Adams, the motion passed 5-0.

ZONING REPORT

     Linda Dansby stated the Planning Commission had met and approved a site plan for the new Eagleville Eye Clinic.  She further stated that trees were trimmed in response to complaints.  Councilman Ball asked Ms. Dansby about the report the Council had asked for at the last regular meeting, and City Recorder Colleen Adams stated that the hole on Poplar Street is being repaired.  City Attorney Leon Sharber stated he felt the bridge on Clark Street needed to be addressed.  After discussion, it was determined that City Recorder Colleen Adams would contact TDOT for recommendations regarding the bridge.  A motion was made by Councilman David Rigsby to put a weight limit sign and guardrails up per TDOT recommendations, and was seconded by Councilman Alan Ball.  After a roll call vote taken by City Recorder, Colleen Adams, the motion passed 5-0.

RECORDS REPORT

      Mayor Tune sated Glenda Dyer was out of town and not able to attend the meeting and read aloud from a prepared statement she had left with him stating she was almost done getting the records ready for microfiche, and she is doing a lot of research regarding the fixing up of the old Library and City Hall for estimates and volunteers to help.

SEWER REPORT

      Mayor Tune stated the Sewer Selection Committee met and has selected SEC as the engineering firm to recommend to the Mayor and Council.  After SEC was chosen, the committee met with them the next day for them to get an understanding of what the City needed.  SEC was asked to bring to the Council 3 proposals of 3 different types of systems that could work in Eagleville.  Mayor Tune further stated that GNRC and SEC met to establish communications of what needed to be done for grants.  Mayor Tune then stated that the City Council has the final approval but research was needed to get moving.  He then suggested that City Attorney Leon Sharber review the contract before approval.

     Mr. Sharber stated the contract is 30 pages long, and he had read every page and did not see anything that needed to be changed.  Mr. Sharber explained to the Mayor and Council some of wording and clauses on the last page.  Mayor Tune stated he had read the contract and it is the same one the City of Murfreesboro signed.  After a lengthy discussion, Vice Mayor Ronnie Hill made a motion for all Council members to get a copy of the contract for review and have a called meeting to discuss and vote.  After another discussion, the motion was withdrawn and a called City Council meeting was set for next Tuesday at 6:00 pm. 

OLD BUSINESS

     Mayor Tune stated Councilman Darin Rowell was unable to attend tonight’s meeting due to a prior commitment, and that a Strategic Planning meeting was scheduled for 5:30 pm next Monday at the Eagleville Co-op.

     City Attorney Leon Sharber stated Councilman Darin Rowell wanted to add a 30 day termination clause to the contract.  After a short discussion, Councilman Alan Ball made a motion to accept the contract for Mr. Leon Sharber as City Attorney with the 30 day termination clause amendment and was seconded by Vice Mayor Ronnie Hill.  After a roll call vote by City Recorder, Colleen Adams, the motion passed 5-0.  

     Vice Mayor Ronnie Hill stated there was an ordinance passed in 2004 for Park rules which included no guns were allowed in the park.  City Attorney Leon Sharber stated that the new State laws did not apply and the ordinance was not sufficient for the new law.  After a short discussion, Councilman Wes Fitzgerald made a motion to not allow guns in the park, and was seconded by Councilwoman Donna Jensen.  After a roll call vote by City Recorder, Colleen Adams, the motion passed 5-0.

     Councilman Alan Ball requested the Citizen Input be moved up to this time due to the late hour.  Mayor Tune agreed, and stated he had moved the Citizens Input to the end of the meeting per resident requests but will move it back to the beginning of the meeting in the future as it did not seem to be working. 

      Ms. Ginger Martin spoke, and asked the City Council to consider the egress/ingress into EagleCrest as a safety issue and is asking the Council make other egress/ingress be developed.  She further sated she has concerns over the drainage.  Ms. Martin also asked the City Council if signs could be posted in their neighborhood notifying them of City Council meetings.  Mayor Tune informed Ms. Martin of the next Planning Commission meeting and suggested she bring her concerns to them also. 

   Mr. David Martin spoke and stated he also had concerns about Phase III of EagleCrest and stated there is too much traffic on the roads.  Mr. Martin further stated he had voted for most of the members on the Council and in the past there has been a conflict of interest on the Planning Commission.  He then asked why there has been no looking into or inspection of the bridge on Clark Street.  Mr. Martin then asked the Mayor to consider putting his development in the City limits.  He then commended the City Recorder on getting her certification in one year and complimented the City Council on their efforts.   

     Councilman David Rigsby made a motion for City Recorder Colleen Adams to get a 5% pay raise and was seconded by Councilman Alan Ball.  Councilman Ball stated they needed the Personnel Oversight Committee, and doesn’t think raises should be given until get role and parameter of jobs and position, and that raises should be based on merit only.   Councilman Rigsby stated is that was the case then the raise should be 10-15%.  Councilman Fitzgerald spoke and stated the City Recorder is doing a great job and deserves a raise.  After a lengthy discussion, the motion was withdrawn, and it was determined to set up the Personnel Oversight Committee to do review and make a recommendation to the Mayor and Council.  Councilman Alan Ball made a motion for the Personnel Oversight Committee to meet and make recommendations to the Mayor and Council and put in place policies and procedures for all City employees and to bring to the Mayor and Council a raise for the City Recorder to be retroactive to July 1, 2009.  After a roll call vote by City Recorder, Colleen Adams, the motion passed 5-0.

     Mayor Tune stated the Beer Board needed to set up and plan for future meeting.  After discussion, Councilman Alan Ball made a motion for the Beer Board to meet the same day as the regular City Council Meetings if there is business to discuss.  The motion was seconded by Councilman Wes Fitzgerald, and after a roll call vote by City Recorder Colleen Adams, the motion passed 5-0.

     Councilman Wes Fitzgerald made a motion to adjourn, and was seconded by Councilman Alan Ball.  By a unanimous “aye” vote the meeting ended at 10:25 pm.

____________________                    __________________

Mayor Sam Tune                                City Recorder Colleen Adams

            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