The City Council of the Town of Eagleville, Rutherford County, Tennessee, met in regular session at 7:00 p.m. on February 26, 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 Alan Ball

            Councilman Wes Fitzgerald   
               

STAFF

            David Martin, Fire Chief                           Colleen Adams, City Recorder

Attorney Adam Dodd    

                   

                        Robert Soapes, Sr.                               Linda Vincion  

                        Carolyn Barham                                  Nell Lynch

                        Debbie Ryan                                       Linda Lichtenberger

                        Mary Tune                                          Melissa Buchanan

                        Donna Jenson                                      Phil Williams

                        Craig Sewell                                       Tim Quigley

                        Glenda Dyer

Fire Chief David Martin delivered the Invocation. 

Mayor Nolan Barham led the Pledge of Allegiance to the flag.

Mayor Barham welcomed everyone to the City Council meeting.

            None.

            The minutes of the January 2009 City Council meeting were approved with one amendment, correcting Larry McElroy’s company as Consolidated Utility District, not Middle Tennessee Electric.  A roll call vote was administered by City Recorder Colleen Adams and answered with a unanimous “Yes” from the Council, 6-0. 

            Vice Mayor Ronnie Hill asked that Ms. Linda Lichtenberger be added to the agenda.  After a vote taken by City Recorder Colleen Adams, the amended agenda was approved 6-0.

            Vice Mayor Ronnie stated the items needed to be fixed for the grant were being completed, and that they were getting ready for ball season to start.  He also stated beavers had built a dam in the creek along the Walking Trail, and suggested people go see it as it is an interesting sight.  Vice Mayor Hill also stated they were getting the plaques for the benches along the trail.  Councilman Fitzgerald questioned the $1,500 transferred from General Funds to Park Funds each month.  Vice Mayor Hill stated this was money the park used to operate in addition to the concession proceeds and donations.

            City Attorney Adam Dodd stated the Sentencing Hearing for former City Recorder Michelle Bennett had been postponed until Friday, March 27, 2009. 

            Mr. Dodd stated there were changes to the State copy policies, and recommended the City of Eagleville adopt and follow the new guidelines of $0.15 for black and white and $0.50 for color copies, also giving the City the right to charge $15.00 for requests that take over 1 hour of personnel time.  After discussion, Councilman Wes Fitzgerald made a motion for the City to amend the current City pricing policy for copies to follow the current State pricing structure, with Councilman David Rigsby seconding.  After a vote taken by City Recorder Colleen Adams, the motion passed 6-0.  

            Mr. Dodd also stated that Councilman Alan Ball had asked him to look into the City policy regarding the Personnel Oversight Committee that had been formed at the December 2008 City Council meeting.  Mr. Dodd stated the parameters of the Committee were unclear and suggested that a detailed description of the Committee and their duties was needed.  Mr. Dodd did also state that the current duties as understood of the Personnel Oversight Committee is in direct violation of resolutions in the current City Charter and Personnel Policies, and that if a Committee of this nature was to be developed, it would need to be passed through a new resolution (ordinance) and go through the three (3) reading process.  Mr. Dodd expressed concern that by approving this committee and its perceived intent, the Council may be overriding the Mayor’s responsibility as stated in the current Charter by resolution.  Councilman Fitzgerald stated the committee was formed as an oversight committee and would report their findings to the Council.  Mr. Dodd stated that if the policy were to be adopted, it would need to go through the proper readings, and their responsibilities and intent would need to be detailed and made very clear.  Councilman Ball stated he had done research and had read from documentation he had, stating he believes in that the Mayor does not have administrative power and reiterated this Committee would be an oversight committee only and have no decision making power and feels there is inadequate supervision of City employees.  Councilman Ball made a motion to begin the process to amend the City Charter with an Ordinance change to remove the Mayor as administrator and add the Employee Oversight Committee and was seconded by Councilman Wes Fitzgerald.  Mr. Dodd recommended that they not add or amend an ordinance until they have a draft of a new ordinance that can be presented as a first reading.  Mr. Dodd further stated that the Ordinance in place has been there for 40 years, is legal and  further stated Ordinances should not be changed simply because a councilman may perceive it as illegal or disagree with it.  Discussion began on the policies of the City, with Councilman Wes Fitzgerald questioning the legality of the current City Charter in relation to the Mayor acting in an administrative role.  Mayor Barham and City Attorney Adam Dodd both spoke, and both stated all is legal with the Mayor acting as administrator within the absence of a City Manager as the City Charter states.  Councilman Fitzgerald stated there has been little organization, with things done incorrectly, and that things need to be changed so that if anything were to happen to the Council a donkey could step in and run the City.  Mr. Dodd stated that the “new” City Charter that the Council had attempted to send through last year had addressed many of these issues and agreed that the current Charter still needs to be updated. The motion was withdrawn by Councilman Alan Ball and with agreement by Councilman David Rigsby.  Councilman Rigsby stated things happen slowly enough in government and feels that the changes proposed would make things take longer, and disagreed with taking responsibilities away from the Mayor.  Councilman Fitzgerald spoke and stated again he feels the Council is in violation.  Councilman Harold Vincion stated he disagreed with Councilman Fitzgerald’s statement that everything has been done wrong, and while he agreed some changes may need to be made, all Councilmen that have served have done so to help the City and done so legally and peaceful, and further stated he would like Councilman Fitzgerald to cease saying everything was done wrong before he took office.  Mayor Barham stated that he supported Councilman Harold Vincion’s statement and would not tolerate any more insults or secret meetings by the Council.

            Councilman Harold Vincion stated that the Planning Commission and Board of Zoning Appeals met at a called meeting and Public Hearing on February 24, 2009 and voted to accept a proposal to grant a Zoning Special Exception for a grocery store to be built by Craig Sewell on property located on South Main Street in Eagleville. 

            Ms. Linda Lichtenberger spoke to the Council, and presented a proposal to be hired as the City’s Zoning Administrator.  Ms. Lichtenberger stated she had worked with the City of Eagleville in the past, and is very familiar with the Zoning Ordinances and, if hired, will regulate and enforce the Zoning Ordinances within the City limits on a fair and unbiased basis, as well as work with the City Recorder and City Planner on zoning issues if needed.  Mayor Barham stated he had worked with Ms. Lichtenberger in the past and that she was highly qualified for this position.  After discussion on the scope of what her responsibilities would be and to give City Attorney Adam Dodd time to review the contract presented, Mayor Barham deferred the matter for later in the meeting.

            Fire Chief David Martin presented the Council with documentation showing the Fire Department expenses paid for out of the City General Funds bank account and a cost comparison for the present and proposed insurance coverage.  Chief Martin explained at a recent Chief’s meeting for Rutherford County, it was recommended that all Departments increase their liability coverage from $1 million to $5 million and change insurance coverage to a lower cost plan being offered to the County, and the as comparison showed, there was a $5,000 savings with the quote by ESIP.  Chief Martin stated he and City Recorder Colleen Adams had researched the coverage and they felt secure in the coverage being offered.  He further stated this policy did not include Workman’s Compensation but that they could add this coverage for approximately $2,700.  City Recorder Colleen Adams spoke and stated she had talked to the representative to verify the policy quote and was impressed by coverage.   A motion was made by Councilman David Rigsby and seconded by Councilman Alan Ball for the Fire Department to change their insurance from TML to ESIP coverage.  After a vote taken by City Recorder Colleen Adams, the motion passed

 6-0. 

            Attorney Adam Dodd stated he had reviewed the contract Ms. Lichtenberger presented, and gave the changes he would like to see made prior to the City approving.  After discussion, Ms. Lichtenberger agreed to the changes Mr. Dodd recommended on some wording, and stated an amended contract would be submitted to City Hall next week.  Ms. Lichtenberger further stated she would like the City to withhold taxes on her payments. Councilman Sam Tune spoke, and wanted to verify that Ms. Lichtenberger would report to the Council as a whole only, and not any one member.  A motion was made by Vice Mayor Ronnie Hill and seconded by Councilman David Rigsby to hire Ms. Lichtenberger at $1,200 per year pending a few amendments to the contract she presented.  After a vote taken by City Recorder Colleen Adams, the motion passed 6-0.   

            Councilman Wes Fitzgerald stated he had reviewed the January 2009 financials and there was alot of work to putting it all together, and that City Recorder Colleen Adams was doing a fine job.  Councilman Fitzgerald also stated he had checked with his accountant, and that he feels the $100 a month she is receiving for a Health Care Allowance should be added to her salary due to tax reasons.  Mayor Barham asked Colleen to check into it, and report back to him. 

            Councilman Fitzgerald also stated he begun the fact finding regarding a Police Department and had contacted several Police Departments and Municipal Judge Ewing Sellars and it appears the City is all set up for court.  He further stated he had talked to Judge Andy Messick who would be available to preside over court, and suggested a committee be formed to go and visit other departments.  Mayor Barham stated that in the past, a program was used which provided federal funds to help with the first few years development of a Police Department, and suggested the City look into to the availability of this or other programs.   Mayor Barham explained the program in the past had given financial help for the first 3 years of a Department, giving it time to become financially stable enough to support itself.  Councilman Fitzgerald stated he would be presenting to the Council at some point a feasibility study he is working on.  Councilman Sam Tune asked if it would need to be put in the form of a motion that Councilman Fitzgerald do this, with Mayor Barham responding that it was not necessary as it had been agreed on by consent.  Mayor Barham also asked Councilman Fitzgerald to check if there was a safety measure of people vs. a police officer ratio.   

            Councilman Fitzgerald commented that he was afraid the light pole down on the corner of Highway 99 and Main Street was presenting a safety hazard, and was worried if it was a violation of the grant received for procuring them.  He further stated he had contacted TML and told the repair would be a covered item if a claim was filed in a timely manner. Councilman Fitzgerald further stated since a claim had not been filed yet, he suggested that the City now file a loss claim to have the pole repaired.  Mayor Barham spoke and stated he and the council had discussed this issue in the past, and it was determined that there was no need in fixing the pole yet.  Vice Mayor Ronnie Hill agreed by saying that due to big trucks turning it would just be knocked down again and felt too much time had passed to file a claim.  Mayor Barham asked City Recorder Colleen Adams to check with the Insurance Company TML as to the time restraints on filing a claim.  Councilman David Rigsby stated that the City might need to wait until the new Highway is completed before repairing.  Mayor Barham agreed with Councilman Rigsby and stated that when the new highway 99 construction was completed, they could reevaluate the repairing of the pole versus removing permanently.  Councilman Fitzgerald stated he felt the pole would need to be repaired before a state inspector saw it and cited the city. 
  

            Councilman Alan Ball stated he did not like the format of the current Financial Reports and had been requesting reports from City Recorder Colleen Adams to find a report in a format giving the Council the information and in a format they would approve.  Councilman Ball also stated Colleen had been very helpful in working with him in reviewing reports.  Mayor Barham responded and stated that he and Colleen had already discussed this, and he was working with her to format a report.     

            Mayor Barham stated he had recently attended a meeting with our State Delegation, and he had requested two items.  The first item was requesting that the bridge on Highway 99 over Cheatham Springs Creek be replaced, and second, that a turning lane be installed on Highway 41A on the stretch of road going in front of the City Park.        

            Mayor Barham Thanked all for attending, and stated a motion was in order to adjourn.  The motion was made by Councilman David Rigsby and seconded by Councilman Harold Vincion and with a unanimous  “Aye” vote  the meeting ended at 8:37 pm. 

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