The City Council of the Town of Eagleville, Rutherford County, Tennessee, met in regular session at 7:00 p.m. on January 22, 2009, in Eagleville City Hall with Mayor Nolan S. Barham, Sr., presiding.

COUNCIL MEMBERS PRESENT

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

            Councilman Harold Vincion                            Councilman David Rigsby  
                        Councilman Sam Tune                                  Councilman Wes Fitzgerald
                        Councilman Alan Ball

STAFF

            Colleen Adams, City Recorder                        David Martin, Fire Chief    
                        Adam Dodd,  City Attorney

                        Glenda Dyer                                             Linda Vincion

                        David Turner                                            Mason Jones

                        Rhonda Jones                                           Mary Tune

                        Phil Williams*                                           Debbie Ryan*

                        Keith Crowson*                                        Jim Haley*

                                   *In attendance, but did not sign attendance sign-in sheet.                 

The meeting was Called to Order by Mayor Nolan Barham. 

Fire Chief David Martin delivered the Invocation. 

Councilman Harold Vincion led the Pledge of Allegiance to the flag.

            A roll call was administered by City Recorder Colleen Adams.  All members were present.

 MAYOR'S WELCOME

Mayor Barham welcomed everyone to the City Council meeting.
 

            A motion was made by Councilman Harold Vincion to approve the agenda, and seconded by Councilman David Rigsby.  After a vote taken by City Recorder Colleen Adams, the motion passed unanimously.    

            Mayor Barham introduced Jim Haley of J.E. Haley.  Mr. Haley addressed the Council and stated he had been to Eagleville with Mr. McElroy of the Consolidated Utility District, and at a meeting where a sewer system for Eagleville was discussed.  Mr. Haley stated he was here to offer his and his company’s services to proceed with a Feasibility Study for a sewer system to be installed in Eagleville.  He stated they would suggest the best system to use, costs to the City, billing rates, and help to secure financing for the City in the form of grants and loans.  There would be no cost to the City of Eagleville until a sewer system was installed and operating, then the City would pay J.E. Haley their fee which would be about 7% of total project.  Mr. Haley stated the study and financing would take about 2 years to complete and up to 4 years to install, and his company would assist in all steps necessary to secure a sewer system.  Mr. Haley talked about the different types of Sewer systems and would need to do more research before he could decide the best system for Eagleville.  He stated that there are many variables in determining cost, such as length of lines, # of connections, # of water treatment plants needed, types of soil and amount of rock underground.  Mr. Haley stated his company has been doing this for a long time, and when they submit their cost proposal, it should be pretty accurate and would include a system that could accommodate growth of the City.    

            Resident David Turner spoke, and thanked all who were responsible for the Informational Public Hearing that was held this past Monday night regarding the sewer. Mr. Turner also read a segment from the June 21, 2007 City Council minutes where the Council formed a committee of Council members and citizens for the research of a sewer, and asked for citizen input this time, too.

            Business Owner Phil Williams stated he had two questions.  He asked where the $88,521.73 beginning asset came from on the November statement, and, if the council approved an $800 check written to Journal Communications.   

            The November and December 2008 minutes were approved as mailed.  A motion was made by Councilman  David Rigsby, seconded by Vice Mayor Ronnie Hill, and after roll call vote was administered by City Recorder Colleen Adams, was answered with a unanimous “Yes” from the Council, 6-0.

            A motion was made by Vice Mayor Ronnie Hill and seconded by Councilman Sam Tune to approve the November 2008 Financial Report.  Councilman Alan Ball stated he had performed the review of the December Financials, and had a few questions.  He stated he had copies, but not enough for the entire council, one being the $800 Journal Communications payment.  Mayor Barham asked City Recorder Colleen Adams to respond.  Ms. Adams stated she had discussed with the Mayor, and it was decided to purchase an online ad with Journal Communications, and is in conjunction with the Rutherford County Chamber of Commerce.   Mayor Barham stated that the City has not advertised in several years, and it was decided to purchase this online ad for the one year and then gauge the response before renewing.  Councilman Wes Fitzgerald asked about the advertising budget item being exceeded.  Ms. Adams stated that this ad was placed in a website that promotes Rutherford County, especially with prospective residents being transferred into the state.   Ms. Adams also stated that the City now has only one category  called “advertising” which does not differentiate between true advertising and Public Notices.  Ms. Adams called Hall & Davidson and was told according to the State financial reporting, these can be separated as line items on the budget.  Mayor Barham stated that even though this one line item may have exceeded the budget, it was OK since this one line item was combined with many other items for the Category of General Government. Ms. Adams stated she had verified this with Hall & Davidson, and that on next years budget the items would be separate.   Ms. Adams also explained that the when the budget was made, the numbers were drawn from prior years; however, since the need for Public Hearings is unknown it can vary from year to year.  Some years there may be a need for only 2-3 hearings, others there may be 5 or more.  Ms Adams also explained at the time this check was written, that line item was not over budget.  Councilman Alan Ball stated he felt that the Council should have been asked before this money was spent.  Mayor Barham stated this was not necessary since the item did not cause the Category to go over budget.  Councilman Alan Ball also had questions about the City paying Mr. Gordon Lambs water bill, but stated he received an explanation about the agreement between the City and Mr. & Mrs. Lamb due to the water tower on his property.  Mayor Barham explained as long as either of them lives at the residence the city could pay their water bill.  Councilman Ball also stated everyone makes mistakes, and he found a payment made to S & W that was made on a statement and not an invoice.  Ms. Adams stated she paid by what was received by the company. 

            Councilman Ball also asked about the high amount paid to AT&T/Bellsouth.  Ms. Adams explained the bill is for 2 phone lines, long distance, internet, and the fax line.  While she agrees the bill is too high, she was told that that is the cost of the business lines, and they could not reduce.  Ms. Adams also stated she was beginning the process of looking for another telephone/internet provider.  Attorney Adam Dodd spoke, and stated that the Council needed to understand business costs were higher than residential.  Councilman Ball stated he also had a question about the costs of building inspections, and stated Ms. Adams was doing a good job in figuring the costs of permits.  He also stated there are requirements for building in Flood Plains, and Councilman Vincion stated that our City Planner does a good job, and if this comes up, it will be handled properly.  Councilman Ball also stated that the Verizon cell phone bill was over $200, and several pages of the calls were from the Fire Department.   Fire Chief David Martin explained due to Homeland Security, all City Officials needed a cell phone with a camera.  City Recorder Colleen Adams, explained that she had recently renegotiated the Verizon agreement, and reduced the bill from $289 to 200 per month.  Councilman Ball asked about using the phones for personal phone calls. Councilman Sam Tune stated he believes in advertising, and asked where he can see the ad in question earlier.  Ms. Adams explained that the ad would not be available until March 1^st on the Destination Rutherford website.  Councilman Tune also questioned the check number sequence sometimes showing missed checks.  It was explained these were checks that had not cleared yet when the bank reconciling had been done.  Councilman Ball also questioned the $100 Health Care Allowance paid to City Recorder Colleen Adams each month.  Mayor Barham explained this was a benefit that was part of her hiring agreement.  Councilman Ball asked if it should be subject to withholding.  City Attorney Adam Dodd stated this was a question better suited for the accountant.  Councilman Wes Fitzgerald stated that he thought the former City Recorder was paid and had to match the amount of the benefit.  Ms. Adams stated she is not the former recorder, and has no knowledge of what her agreement may have been, and was under the impression upon hiring that this was not taxable.  Councilman Tune questioned again the usage of the cell phones and stated he does not think that the cell phones should be used for personal use if the taxpayers are paying and if there was a lower plan they could get, and if the initial agreement when the phones were issued addressed this.  City Recorder Colleen Adams stated that she did in fact lower the minutes and price per month, and felt it better to leave a bit of a cushion with minutes rather than pay the higher prices charged for overages.   Councilmen Tune and Fitzgerald questioned again the usage of the phones for personal calls. Mayor Barham stated he did use the phone to call his wife but has never gone over the minutes, that Verizon does not charge for Verizon to Verizon calls, and he has no control over who call him.  Councilmen Fitzgerald stated that if phones were issued to City employees he should get one because he is a Councilman now and that the phones should be used for city business only.  City Recorder Colleen Adams stated she has a personal cell phone she uses and pays for. Councilman Fitzgerald asked if the Council should come up with a policy regulating personal calls.  Mayor Barham reminded everyone that Ms. Adams had recently reduced the bill and that the bill was for 4 lines.  Vice Mayor Ronnie Hill stated he was here when the phones were received, but does not remember what the agreements were but he will check the minutes.  Councilman Fitzgerald again stated he wondered if they shouldn’t pass something and they can change it if needed.   Fire Chief David Martin stated that the Fire Department would start paying their charges for his phone and his wireless card to save the City $100 per month.  Councilman David Rigsby stated since they are considering spending millions for the sewer he did not think they needed to spend time on discussing $100 considering the public service that is being provided.  Councilmen Vincion stated he agreed and the phones were to be used at their discretion.  Vice Mayor Ronnie Hill stated that the phones usage has been fine until now, and that he did not see the issue.  He also stated since the Mayor is unpaid and the Fire Chief makes very little and this has been a perk that comes with their positions.  After a vote taken by City Recorder Colleen Adams, the motion passed 6-0.

            Councilman Harold Vincion stated he had reviewed the December 2008 financials, and everything looked good and all the bills were there and matched, but the only suggestion he could make was that the woman who cleans City Hall did not have an invoice attached to her payment and that she start giving them.  A motion was made to approve the December 2008 Financial statement by Vice Mayor Ronnie Hill, and seconded by Councilman David Rigsby.  After a vote taken by City Recorder Colleen Adams, the motion passed 6-0.

            Mayor Barham stated the other report they received was in a confusing format to some, and another report would be provided next month that would be clearer. 

            Vice-Mayor Ronnie Hill stated that Park Director Jeff Mooneyhan and Joyce Jones received a $3,500 grant in the name of the Eagleville Ball Club and that they would be purchasing a batting cage for the park with the money.  He also stated that the final $45,500 grant payment was deposited into the Park account today.  Vice Mayor Hill stated he appreciated the graciousness of the City for the $33,000 given for the completion of the park and that he wanted to repay the City, which would still leave enough money for a few more things they wanted to do including getting a sign.  Councilman Sam Tune stated he had a sign he was not using and offered to donate it to the Park.  A motion was made by Ronnie Hill and seconded by Councilman David Rigsby to transfer $33,000 from the Park Account to General Funds.  After a vote taken by City Recorder Colleen Adams, the motion passed 6-0. 

            Vice Mayor Ronnie Hill stated that he wanted to also take another $10,000 and transfer it to the General funds.  Mayor Barham stated that $5,000 received from the Insurance Loss claim relating to the former City Recorder was confirmed to be taken out of the Fire Department account.  A motion to give the Fire Department back the $5,000 from the Insurance settlement, transfer $10,000 from the Park account to General Funds, and to take $70,000 from General Funds authorizing the Mayor to put in a CD at the best rate was made by Vice Mayor Ronnie Hill and seconded by Councilman Wes Fitzgerald.  After a vote taken by City Recorder Colleen Adams, the motion passed 6-0.

            City Attorney Adams Dodd stated Ms. Bennett entered a plea of guilty to 2 counts, and would be going before Judge Bragg on February 27, 2009 for sentencing and restitution.  He also stated that the DA has been advised the City has received the insurance payment. Mr. Dodd explained the sentence and probation process for the Council.  Wes Fitzgerald asked Mr. Dodd about his retainer agreement.  Mr. Dodd also stated that he wanted to notify the Mayor and Council of changes to the Open Records Act relating to reasonable charges for copies and City employee time for researching and making copies, and that the Council may need to discuss the fees currently being charged by the City and determine if changes need to be made.

            Mayor Barham stated he had questions as to the legality of the Employee Oversight Committee created by the Council at the December 2008 City Council meeting relating to the current City Charter and has asked Attorney Adam Dodd to research.  

            Mayor Barham stated a motion was in order to begin the Sewer Feasibility Study.  Vice Mayor Ronnie Hill made a motion for the J.E. Haley Company to begin the Sewer Feasibility Study which was seconded by Councilman Sam Tune.  After a vote taken by City Recorder Colleen Adams, the motion passed 6-0. 

Chief David Martin reported that the Fire Department had about 16 calls in December and January including a fully engulfed vehicle fire.  Chief Martin stated he had 16 firefighters go through the academy, and including the $5,000 received from the Insurance payment they have about $23,000 in their account.  He also stated that they are getting the ambulance ready to be an extrication unit for rescue.  Chief Martin reported to the Mayor and Council that he learned at a recent Chief’s Meeting Rutherford County is now requiring all Fire Departments to have $5 Million liability coverage to continue receiving County funds.  He also stated, that the county has given the departments agreements that need to be signed stating they will have the coverage and he has contacted TML for a price quote for the additional coverage but has not received it yet and will try to comparison shop for the best rate.  Councilman Sam Tune stated he had an incident on his property recently and the Fire Department responded quickly and did a super job.   
  

            Vice Mayor Ronnie Hill stated that he met with representatives at the Rutherford County Sheriff’s Department and that they would not agree to a satellite office in Eagleville based on they did not feel there was a big enough need, but they would still like to help the City.  After discussion, it was agreed that Councilman Wes Fitzgerald would look into the City police matter.      

            Mayor Nolan Barham thanked everyone for attending the meeting, andcommented on how the new Highway 99 roadwork was coming along and that some of the new roadway was already open.
 

With no further business to discuss, Councilman Harold Vincion made the motion to adjourn and Councilman David Rigsby seconded.  By unanimous vote, the meeting was adjourned at 10.03 p.m. 

____________________________          _____________________________

 Mayor Nolan Barham                              Colleen Adams, City Recorder