(The August Minutes have not yet been approved by the Board)
Meeting of the Board August 23, 2010
CALL TO ORDER: Mayor Fultz called the meeting to order. INVOCATION AND PLEDGE TO THE FLAG: Invocation given by Charles White, followed by the pledge to the flag. ROLL CALL: At time of roll call present were Mayor Bill Fultz, Charles White and Lieven Cox. Mike Lester arrived approximately 6:10 and prior to approval of minutes. Linda Fultz was absent. APPROVAL OF MINUTES: There was a motion by Charles White, seconded by Lieven Cox. The motion passed unanimously. ANNOUNCEMENTS, EXTRAORDINARY MATTERS, ADOPTION OF AGENDA: Mayor Fultz recognized Luke Thompson of Boy Scouts Troop 441. Mr. Thompson informed the Board they were in the audience to observe citizenship in the community.
MAYOR’S REPORT: Mayor Fultz reported that the lift has been installed in the Depot but a wall needs to be built in to enclose the lift and a phone must be installed. Mayor Fultz then reported that Attorney Roach had not been able to complete all his research into the Railroad Street issue. He was working on the zoning matters as they pertained to Ray Simpson's issue; however the city must have a city judge in place. He has been working with Mr. Robert Estep and is hopeful that Mr. Estep will accept the position. He also has been working on the Sewer Use Ordinance and wishes to work with the Board on all these issues during the September work session and then be present for the September Board meeting also. TREASURER’S REPORT: Mayor Fultz called for a motion to approve the financial reports. There was a motion by Charles White to approve the reports. Mayor Fultz called for a second. Lieven Cox questioned the payment to the architect. There was discussion of the amount being paid. It was explained that the costs were the usual and customary charges of architects. Staff explained that this Board had passed by majority vote a motion for design and specs for a new city hall building. However, Mr. Cox was under the impression it was to be about $20,000, not the $52,500 that had been billed. Mr. Cox then seconded the motion on this month's bills; however he was still in disagreement of the architect's payment. The motion passed unanimously. UTILITY BOARD: Mayor Fultz opened discussion of the increase of the sewer treatment charges that had been increased by Claiborne Utilities District. Staff presented different scenarios of how cost could be recouped or to do nothing. Mr. Cox was not in favor of assessing the costs to the above 2000 gallons rate because that appeared to be targeting the commercial customers who also had been increased in 2008. Mr. White expressed his opinion that the 2% increase to the above minimum better served our residents because minimum users usually meant maybe widows or one person in household. Mr. Cox asked for Mike's opinion and Mr. Lester responded that the least painful way would be to go with the 2% addition to the above 2000 gallons which would cover the increase from CUD. Mike Lester made the motion to go with the 2% increase (.0075 to .0077) on the above 2000 gallons rate to be effective with the next billing cycle. Charles White seconded the motion. The motion passed unanimously.
ROADS REPORT: Mayor Fultz reported that he had talked with Jon Roach today concerning Railroad Street. Mr. Roach is talking with Attorney Estep to see what his recommendation will be next month. PARK REPORT: The Litter Patrol will be coming from the Sheriff's Department the next day to help with clean up of the park for Relay for Life and the Labor Day Celebration. The stage will be moved as soon as the ground is dry enough. Parks and Recreation Advisory Board are working toward getting everything in place for the Labor Day Celebration. There was discussion of campaign booths at the Labor Day Celebration. That matter had been discussed at the work session. The Claiborne County Democratic Party will be there with a booth for a fund raiser; however there is to be no campaign literature. The vendors had already been told of that decision when the Advisory Board had met with them. The City Board gave their verbal approval of this decision. FIRE DEPARTMENT REPORT: Chief Brown was not present. No report given. BOOK STATION REPORT: Barbara Ramsey asked about book cases for the upper level. Susan Simmons from Clinch-Powell was to have done a layout of where shelves were to be; however she had not given that to the city. The Mayor's opinion was that the Committee should buy new ones and leave the old ones downstairs. Mr. Cox reported he thought that Ms. Simmons idea was that the desk was to be centrally located with a 360-degree view of all shelves. He reported that outlets were needed in the floor. That will be done when the layout plan is in hand.There had been no other quotes given on the landscaping. Four had been requested to give quotes. The one received was from Davis Nursery. Once completed a grand opening will be planned. REPORT FROM BUILDING INSPECTOR: Building inspector was not present.
ELECTIONS AND CONFIRMATIONS: None PROPOSED ORDINANCES ON SECOND READING: None PLANNING AND ZONING COMMISSION: Linda Fultz was not present to give report so no report was given. RESOLUTIONS AND MEMORIALS: None
PROPOSED ORDINANCES ON FIRST READING: NonePUBLIC FORUM: Mr. Simpson was late and asked what was going on with his complaint. When Mayor Fultz attempted to explain what Mr. Roach was working on and could not be here until next month Mr. Simpson did not believe that the Attorney knew what he was talking about. Why couldn't David Laws issue a citation for 30 days and see what happens? The Mayor asked him "Then what?" until Attorney Roach works out the specifics and the city has a judge. Mr. Simpson chose to leave the meeting stating he would take his action. Mr. Cox then asked to present the issue of the need of the Claiborne County Animal Board for meeting the general operating costs to be able to open its doors. The County Commission asked that the Animal Board present a plan for operation and commitment from the cities because that is where most of the need would be before the County would commit. The Animal Board will be meeting with each city for a commitment. Mr. Cox felt that this Board should go forward with their request of $2 per capita and set the example for the other cities to move forward. Mr. White asked that the matter be tabled until we see what other cities are doing. Mr. Cox asked that this Board make a decision contingent on what the other cities do setting a standard that we do support it. Mr. Lester stated he felt that this Board should lead the way. After other discussion Lieven Cox made a motion for the City of Harrogate to commit to $2 per capita contingent upon all other three cities and the County participate. The motion was seconded by Mike Lester. The motion passed unanimously. ADJOURNMENT: There was a motion by Mike Lester and seconded by Lieven Cox to adjourn. The meeting closed.
Meeting of July 26, 2010
CALL TO ORDER: Mayor Fultz called the meeting to order at 6:15. (Late due to early voting needing time to close down.) INVOCATION AND PLEDGE TO THE FLAG: Invocation given by Charles White, followed by the pledge to the flag. ROLL CALL: Present Mayor Bill Fultz, Mike Lester, Charles White and Lieven Cox. Linda Fultz was absent. Attorney Jon Roach was also present for the meeting. APPROVAL OF MINUTES: There was a motion by Mike Lester and seconded by Charles White to approve the minutes of June's Public Hearing and the regular monthly meeting. The motion passed unanimously. ANNOUNCEMENTS, EXTRAORDINARY MATTERS, ADOPTION OF AGENDA: No announcements. MAYOR’S REPORT: No report. TREASURER’S REPORT: Mayor Fultz called for a motion to approve the financial reports. There was a motion by Charles White to approve the reports. No one seconded the motion but Mike Lester questioned why the city had paid out so much money without going to bid for an architect. It was explained that professional services did not have to go to bid. Then he questioned the payments to the Architect for the city hall building that would accumulate to $52,500 expenses for a building that might not be built. Mayor Fultz explained that the board passed by majority vote to do the design and specs for the building. That amount represented 55% of the 7% architect fee on the estimated $1,000,000 building. Mr. Cox stated that he remembered being told that the cost would be about $20,000. After discussion, the motion failed for lack of a second. Mayor Fultz then presented the 2009-10 Budget Amendment. Charles White made a motion to approve the budget amendment as presented. Mr. Cox questioned the dollars in the city hall building budget -- what was the amounts of the Visitors Center Fund, TML loan amount, etc. Staff reminded the board they were voting on amendment to the previous year's budget -- dollars that had already been spent. At this time Mr. Cox seconded the motion. The motion passed unanimously. UTILITY BOARD: Mayor Fultz informed the Board that the State Health Department had a serious issue with sewer at the end of Windsor Lane behind Ellen Myers School. The City is currently waiting for word from John Allen on the cost of installing a collection line in the event Mr. Allen could assure that the 2010 CDBG would reimburse the city since it is a part of that application. Mr. Epperson is monitoring that situation closely. ROADS REPORT: Mayor Fultz reported that Jon Roach had checked the Railroad Street site. Mr. Roach informed the board he will need to obtain more information as to current status, where is right of way, what parties have the right to object, etc., then he will report back to the board. PARK REPORT: The slide at the wooden structure had to be removed because of damages. There are also other repairs that need to be made. Mayor Fultz suggested that after the first of the year if we still had the park that improvements be made to the playground area. FIRE DEPARTMENT REPORT: Chief Brown was not present. No report given. BOOK STATION REPORT: Barbara Ramsey reported that Clinch Powell had requested an inventory of all the books at the Book Station. Books already listed on the computer total 5,943 with lots more to be added. With all the additional books coming in, it was suggested that it might be necessary to leave the children's library section in the lower level. Mayor Fultz announced that the library grant being applied for through Rural Development will come to city hall and if granted will be applied to the city hall (multi-purpose) building and could possibly use a section of the building as a historical library. Ms. Ramsey requested wheel stops for lower and upper level parking lots, shelves for closet upstairs and landscaping. The Mayor reported he had requested three quotes for landscaping and only received one. The board discussed and decided to wait another month and attempt to get another couple quotes based on the layout of the one received. Ms. Ramsey announced there would be a yard sale at the Book Station on August 7th. The committee is taking donations -- goods and monetary. Susan Simmons with Clinch-Powell came to observe the upper level of the Book Station and is currently doing a layout for book shelves. REPORT FROM BUILDING INSPECTOR: David Laws reported he had signed six permits this month.
ELECTIONS AND CONFIRMATIONS: None PROPOSED ORDINANCES ON SECOND READING: None PLANNING AND ZONING COMMISSION: Linda Fultz was not present to give report; however State Planner Jan Newsome had sent a letter for the board to review concerning complaints from Ray Simpson, Smith Drive. Attorney Roach along with board members were given a copy of the letter referencing violations to be addressed. Attorney Roach is to take the letter and report back to the Board. RESOLUTIONS AND MEMORIALS: Mayor Fultz read Resolution No. 110: A Resolution Authorizing the City of Harrogate to Participate in the TML Risk Management Pool "Safety Partners" Loss Control Matching Grant Program. There was a motion by Mike Lester and seconded by Lieven Cox to approve the resolution. A roll call vote was taken: Mike Lester, yes; Charles White, yes; Lieven Cox, yes; Bill Fultz, yes. The motion passed unanimously.
PROPOSED ORDINANCES ON FIRST READING: None PUBLIC FORUM: Libby Harmon addressed the Board regarding Railroad Street. She asked who owned the property across from Terry Killion. She was informed that Barbara Ramsey owned the property. The city has a 25' easement from her (Ms. Ramsey's) property. Dr. Dubin from the audience asked if the Mayor or any of his family owned any of that property. He was told that no the Mayor or his family did not own any of the property in question; however his brother had bought a portion of the property that had belonged to the railroad and was also told who bought the railroad property across the city. Mayor Fultz further stated that to resolve the issue that Attorney Roach would research and bring back an opinion to the Board. Lieven Cox stated that he thought that a compromise had been met when they went to look at the property. Again, after much discussion regarding who owned what property; where the road should be; why not a one-way street; Mr. Cox agreed that Attorney Roach should give an opinion and report back to the Board after his investigation. Then the Board would make a decision what to do. Ray Simpson was in the audience to question the status of his complaints about Smith Drive. Attorney Roach addressed the Board and Mr. Simpson that there are not only Ordinance 16 issues but Zoning issues as well that he will need to review. Mr. Simpson questioned how much time and Mr. Roach informed him by the August Board meeting he should have a report. Mr. Simpson informed Mr. Roach that the City was made aware of his problem in June of 2009. He has his own time frame set; he will not address this board again; if no action within his time frame he will make a big attempt to have the State Attorney General investigate this Board. ADJOURNMENT: There was a motion by Lieven Cox to adjourn. The meeting closed.
MEETING OF JUNE 28TH, 2010
CALL TO ORDER: Mayor Fultz called the meeting to order following public hearing. INVOCATION AND PLEDGE TO THE FLAG: Invocation given by Mike Lester, followed by the pledge to the flag. ROLL CALL: Present Mayor Bill Fultz, Mike Lester, Linda Fultz and Lieven Cox. Charles White was absent. Mayor Fultz recognized a group in the audience. Several representatives of the AYSO along with soccer players wished to present the City of Harrogate a plaque for "Their Continued Support of AYSO Region 551 helping to provide quality soccer to more kids". A "Thank You Very Much" card was also presented to the Mayor signed by the players. At this time, Alderman Linda Fultz presented a check to Barbara Ramsey and the Book Station from the Sodalitis Club in the amount of $300. The club, of which Ms. Fultz was a long-time member, had recently dissolved. APPROVAL OF MINUTES: There was a motion by Mike Lester and seconded by Linda Fultz to approve the minutes of May's regular monthly meeting. The motion passed unanimously. ANNOUNCEMENTS, EXTRAORDINARY MATTERS, ADOPTION OF AGENDA: No announcements. MAYOR’S REPORT: No report. TREASURER’S REPORT: There was a motion by Linda Fultz, seconded by Mike Lester, to approve the reports as presented. The motion passed unanimously. UTILITY BOARD: The chem-feed systems are installed at two of the pump stations and seem to be working well. ROADS REPORT: This year's paving has been completed along with the parking lot at the depot. Hinkle Contracting, LLC, (formerly Elmo Greer) completed this year's contract and also have the contract for the upcoming budget year. PARK REPORT: Linda Fultz reported that Movies in the Park to date has been successful. There were 70 plus at the first movie and more than 100 for the second movie. A local resident has volunteered to do "Art In The Park". Flyers have been distributed as well as being available here at City Hall for anyone interested. Participants must be registered in advance. The Parks Board has begun work on the Labor Day Celebration. Lieven Cox asked if a reservation policy for the park was in effect. There is not a reservation policy; however Linda suggested that a notice be placed at the shelters and the information board that shelters are not reserved. Mr. Cox suggested that deposits be required of schools. FIRE DEPARTMENT REPORT: Chief Brown was not present. No report given. Mayor Fultz opened the discussion on the proposal from Safe T Systems for cameras at the Park, City Hall and VFD; however he suggested that the park not be considered at this time. There was a motion by Mike Lester and seconded by Linda Fultz to install the system at City Hall and the fire stations. A roll call vote was taken: Linda Fultz, yes; Mike Lester, yes; Lieven Cox, yes; Bill Fultz, yes. The motion passed unanimously. Lieven Cox questioned how long it would take for installation. David Laws stated that usually about 30 days. BOOK STATION REPORT: Barbara Ramsey reported that paving had been completed at the Book Station parking lot and that the tile had been laid in the lower portion of the upstairs. The Book Station needs a printer. She had priced laser printers at Johnco and Brooks. Brooks has a printer priced at $349 thru the 30th and would like permission to purchase. There was a motion by Mike Lester, seconded by Linda Fultz to purchase the printer. The vote was unanimous. It was suggested that cameras be installed at the Book Station also. Mayor Fultz is to check with Safe T when they come. Renovations are nearing completion at the Depot. Outside work consists of completion of handrail and landscaping. Committee needs to look for two or three layouts and quotes of "low maintenance" landscaping. REPORT FROM BUILDING INSPECTOR: David Laws reported he had signed one permit and approved three applications for Pinnacle Place. Mr. Seal will be coming in for his permits.
PLANNING AND ZONING COMMISSION: Linda Fultz reported that Mr. Charles Brooking with Lee Oil had been in to request a special variance for a car wash. After discussion, Jan Newsome is to prepare a variance to come before the BZA. Gillis Elliott was present to ask that his property on Forge Ridge Road be rezoned commercial. There was discussion of his request. He has already put storage compartments in. He was to have presented a site plan; however he did not have it. He is currently in violation of the zoning regulations. Mayor Fultz is to ask neighbors if they want to be rezoned commercial. It was stated that Chuck Sharpe may wish for his property to be zoned commercial also. Jan Newsome is to prepare an ordinance and bring to next month's meeting. ELECTIONS AND CONFIRMATIONS: None PROPOSED ORDINANCES ON SECOND READING: Mayor Fultz read on second reading proposed Ordinance No. 79, An Ordinance of the City of Harrogate, Tennessee, adopting a budget for the Fiscal Year July 1, 2010, through June 30, 2011. Noted were the following changes from the first reading: the balance of the 2008 HOME grant of $108,000 had been added to both income and expenses; reduction of the projected end of year General Fund balance was changed from $903,290 to $837,659; and a calculation error was corrected on the Utility Budget of Projected Cash on Hand 6/30/2011.) There was a motion by Mike Lester and seconded by Lieven Cox to adopt the ordinance on second and final reading A roll call vote was taken: Linda Fultz, yes; Mike Lester, yes; Lieven Cox, yes; Bill Fultz, yes. The motion passed unanimously. RESOLUTIONS AND MEMORIALS: None
PROPOSED ORDINANCES ON FIRST READING: PUBLIC FORUM: Libby Harmon, Terry Killion, Vicki Cavins and Darlene Bussell were present to address the issue of Railroad Street and presented their written statements and information to each member of the Board, as well as verbally. (A copy of that information is made a part of this record.) Mayor Fultz stated that the information that he had received from attorneys and a copy of the Judgment by Default from lawsuits through the years led him to believe that the City had the right of way to pave the road in question. He suggested that since the City had surveyed, that the property owner also survey to see where the property lines were. Otherwise, if no agreement then the City would go to court to have the court determine where the road should be. The Mayor stated all he wanted to do was to pave the only remaining unpaved street in the City. After much discussion, Alderman Cox questioned if the matter could not be carried forward to the next planning meeting for the Board to discuss possibilities of resolving the matter. Council also agreed to go to Railroad Street following the meeting to look at the property. Ray Simpson questioned the status of his complaint on Smith Drive. He was advised that his pictures were sent to the attorney and the attorney is still reviewing the complaint to see what the resolution might be. He is also looking at similar situations in the Knox County area. Mr. Simpson also apologized to the Board and to Mr. Laws for his conduct at the last meeting -- all of which stated to him that no apology was needed. ADJOURNMENT: There was a motion by Mike Lester to adjourn. The Mayor declared the meeting closed.
MINUTES OF MAY 24TH MEETING OF THE BOARD OF MAYOR AND ALDERMEN
CALL TO ORDER: Mayor Fultz called the meeting to order. INVOCATION AND PLEDGE TO THE FLAG: In memory of Kevin Fultz, a Claiborne County/Campbell County paramedic and nephew of Recorder Rose Kiser, there was a moment of silence followed by the pledge to the American Flag. ROLL CALL: All present: Mayor Bill Fultz, Mike Lester, Linda Fultz (arrived at approximately 6:30 p.m), Lieven Cox and Charles White. APPROVAL OF MINUTES: There was a motion by Mike Lester and seconded by Charles White to approve the minutes of April's regular monthly meeting. The motion passed unanimously. ANNOUNCEMENTS, EXTRAORDINARY MATTERS, ADOPTION OF AGENDA: Mayor Fultz announced that the Harrogate Garden Club would be conducting the Blue Star Memorial Dedication Ceremony at the Harrogate City Park on May 31st at 10 a.m. MAYOR’S REPORT: The final count for the 2010 Great American Clean Up (SCOOP) was 1447 total bags. 401 bags were from the county and 1046 were picked up in the city limits. The total paid out was $3539 and the county will reimburse $1447 ($1 per bag). TREASURER’S REPORT: There was a motion by Charles White, seconded by Mike Lester, to approve the reports as presented. The motion passed unanimously. UTILITY BOARD: There was some discussion concerning the Rural Development loan balance of $210,103 by fiscal year end and whether or not the city should pay off the remaining balance. To pay off by June 30th rather than the scheduled pay off would save the city approximately $235,000 in interest costs. There was a motion by Mike Lester to pay off the loan. Lieven Cox seconded the motion. A roll call vote was taken: Mike Lester, yes; Charles White, yes; Lieven Cox, yes; Bill Fultz, yes. (Alderman Fultz not yet present). The motion passed unanimously. ROADS REPORT: Some repaving has been done in the city. There had been a complaint about Presidential Boulevard not being completed; however the contractor had to leave the city to complete another job deadline. When they return, completion of Presidential will be their priority. PARK REPORT: Linda Fultz reported that Movies in the Park would begin on Friday, June 4th and dirt pile where screen is usually set up needs to be cleaned up. June 26th will be a drive-in movie theme in conjunction with the White Lightning Festival. July dates for movies will be set later. Benches need to be set up in the park. There are repair parts enough to fix six benches. Additional rubber mulch is needed for the new playground area. Prices are being checked into. FIRE DEPARTMENT REPORT: Chief Brown reported on immediate needs for the fire department. The trucks need air and electrical plugs; need inventory tags, turn-out gear is running low; need gloves and shields, need minimum of four (4) fire nozzles at average of $500 each. It may be that LMU will be able to get a defibulator for the Dodge Truck through a grant they are currently applying for. There are now 24 members -- some of which are still needing training. It is estimated that costs for immediate needs are $10,000. Council gave verbal approval to go ahead with the purchases. BOOK STATION REPORT: Barbara Ramsey reported that attendance had been low because of the construction. The Summer Reading Program scheduled for June 7th - 11th is booked with volunteers to help throughout the week and a picnic in the park is scheduled for Friday. Mayor Fultz reported that the construction should be completed by the end of June. REPORT FROM BUILDING INSPECTOR: David Laws reported he had signed the letter of occupancy for the Cedar Creek Units. There was discussion of complaints reported at City Hall of areas that need to be cleaned up. Mr. Laws is to start the process with property owners to get these areas addressed.
PLANNING AND ZONING COMMISSION: Linda Fultz reported that Stonefield Condos were on the agenda for review of sewer plans; however no one was present. Briarcliff has renewed their letter of credit which expired 5/22/2010. There had been a request for storage units on Hwy 63E. Gillis Elliot needs to give site plans to the Commission. Discussed when do streets become the city's property and whether right-of-ways need to be deeded to the city. ELECTIONS AND CONFIRMATIONS: None PROPOSED ORDINANCES ON SECOND READING: None
RESOLUTIONS AND MEMORIALS: None
PROPOSED ORDINANCES ON FIRST READING: Mayor Fultz read on first reading proposed ordinance No 79, An Ordinance of the City of Harrogate, Tennessee, adopting a budget for the Fiscal Year July 1, 2010, through June 30, 2011. There was a motion by Charles White and seconded by Linda Fultz to adopt the ordinance on first reading A roll call vote was taken: Linda Fultz, yes; Mike Lester; yes, Charles White; yes; Lieven Cox, yes; Bill Fultz, yes. The motion passed unanimously. PUBLIC FORUM: Ray Simpson, Smith Drive, was in attendance with a long, continued discussion of the issues in his area regarding litter. The last action of the board was that the city would take pictures and send along with his pictures to the city's attorney. This had not been done. Mayor Fultz asked that Mike Lester and David Laws have the pictures ready to be sent to the city attorney by June 1. The ETDD Annual Banquet is to be at the Museum of Appalachia on June 3. Margaret Norris, MTAS had been contacted about whether or not it would be ethical for the city to purchase the dinner tickets. Her opinion was that it was right to purchase tickets for the city officials; however not for spouses. The tickets are $20 each. Sylvia Donahoe, Presidential Boulevard, reported that cars are still being parked on the street. The Stallworths have pear trees that are overgrown and in the street; Heartland Realty lots have trees that need to be moved. School buses nor ambulances can get through. Mayor Fultz reported that we have quotes from Saf T for camera systems for City Hall and Fire Department No.'s 1 & 2, and wireless system for the Park. Linda Fultz is to obtain a second quote. ADJOURNMENT: There was a motion by Mike Lester, seconded by Charles White, that the meeting be adjourned. The Mayor declared the meeting closed.