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Minutes of April Council Meeting.   (These minutes have not yet been approved by council.)


   

Prior to calling the meeting to order the 2007 Ladies’ and Men’s LMU Soccer Teams were recognized and presented Awards of Accomplishments.  The Ladies were the 2007 SAC Regular Season Champions and the 2007 SAC Tournament Champions.  The Men’s team was recognized as the 2007 Regular Season Co-Champions, the 2007 SAC Tournament Champions and advanced to the final game of the 2007 NCAA Championship. Head Coach Helio D’Anna and assistant coaches accompanied by team members accepted the awards.

 CALL TO ORDER, INVOCATION AND PLEDGE TO THE FLAG:  Mayor Fultz called the meeting to order at 7:08 p.m.  Charles White gave the invocation; the pledge to the American flag followed. ROLL CALL:  Mike Lester, Linda Fultz, Charles White, Lieven Cox and Mayor Bill Fultz were present. APPROVAL OF MINUTES:  There was a motion by Linda Fultz and seconded by Lieven Cox to approve the minutes of the March 17th Public Hearing and the March regular monthly meeting.  The motion passed unanimously.  PUBLIC FORUM:  Mayor Fultz asked if anyone in the audience wished to address the Board.  Adam Robertson asked for a called meeting to be conducted at the next planning session to have property located along Forge Ridge Road near the Cancer Treatment Center rezoned from R-1 to R-2.  Mike Lester made a motion to grant the request, seconded by Lieven Cox.  Motion passed unanimously. Travis Moody questioned what had happened with the Fire Department since the last meeting that resulted in the resignation of fire department members and where we were on the auto-aid agreement and had that been signed.  Mayor Fultz reported that council had met with Gary West and there were statements relating to EMS services that were to be removed from the agreement and council was in favor of the agreement, it would be signed and sent on to Cumberland Gap for their mayor and chief to sign. Mr. Moody then questioned how bids were taken on the new fire building.  What was the current investment in the building?  The bids had been for labor only and why did the city not follow their own guidelines of bidding out for purchases of $10,000 or more.  The Mayor informed him that the original bids had come in at $1.2 - $1.3 million dollars and felt the job could be completed at less than that amount. The city took bids on the labor and purchased materials.  He then questioned if the city had contractor’s license.  No, the city does not have a contractor’s license but Rob Christian, Contractor, is a licensed contractor.  Materials were not bid out, but the city and the contractor took more than one price on most materials that were purchased. Freddie Chumley questioned the white paint on the streets in the area of the Little League Field.  The city does not know anything about paint at the ball field.  Mr. Chumley reported there are also markings on Beech Street.  Mayor Fultz reported that Beech Street would likely relate to sewer surveying but should not be on Washington Avenue.  Mr. Chumley’s concern was the soon-to-be start of the Little League Season and he requested that the area not be dug up with the season starting shortly. Mike Lester referred back to the question from Mr. Moody regarding the cost of the building.  He reported that his last report was in the neighborhood of $800,000 and Rob Christian had stated early on that the building should be completed at $400 - $500,000.  However, there have been changes made to the building throughout the construction process adding upstairs, etc.  Mr. Moody asked if there was an estimate of the final cost.  Mayor stated there was not a final cost but it was very near completion and the Opening Day is scheduled for May 10th.  Mr. Moody then questioned if there was a fire department to put in there. Mayor reported he was not sure of the exact number of members we still had but interviews had been conducted for a new chief.  He further commented that it was a nice building for the city to be proud of; everyone was welcome to attend the opening, come see what you have.  The EMS is tickled to be there, the fire department will be, and if one life is saved by being in that location it will be worth every penny we’ve spent. Brenda Fortner asked where we were now with the fire department, if her house caught on fire what would happen; what would the procedure be?  Do we have fire fighters that could fight the fire?  (Mayor) We have fire fighters.  (Fortner) Are they trained?  (Mayor) We have fire fighters trained, more will be getting training, three applicants applied for chief, other fire departments will be called if we need help.  (Fortner) Do you think we will be okay if your house catches on fire?  (Mayor) There will be people respond.  E-911 has said if they put out a call and no response in three minutes they will put out another call, we are still on auto-aid with Cumberland Gap if they will respond.  Co-Captain Ben Brown reported that North Tazewell, North Claiborne and Speedwell could respond if needed.  He has two trained, a dozen that could respond depending on the time of day.  (Fortner) Are they trained?  We do not want people out there not trained to get hurt.  The Mayor told Ms. Fortner that we have people trained, we will be getting more trained, we will be asking for volunteers and asked if anyone in the audience wanted to be a volunteer please let us know.  (Fortner) How long before we will have a “trained” department.  How many hours required getting the training?  Former Chief Adams reported that the basic training was in progress now and the city only had one guy going to the training and would be another year before that training is offered.  Ben reported we have volunteers now but they cannot afford to take off work to get the training.  Mike Lester spoke to his agonizing during the last month over the last meeting that resulted in the resignation of a very knowledgeable fire chief and department members all over whether or not to sign an automatic aid agreement with Cumberland Gap.  Brenda Fortner then questioned what was to happen with residents insurance because of not having a fire department.  Randy Burchett questioned if the mayor’s veto was still in effect?  The mayor reported “no” and reported to Mr. Burchett that what he said that night was he would not sign the agreement until he’d talked to Gary West and asked him some questions.  He had talked to him and the agreement will be signed.  Scott Young questioned if that was not the same agreement that had been in place from the beginning.  He felt the two departments were working together as a team, ready to fight fires and lower the ISO rating.  However, the Mayor pointed out that the report from MTAS stated the two departments needed to each have their own chief.  The residency of the applicants was questioned and discussed.  The Mayor requested residents give the city a little time to get reorganized.  He further expressed his desire that should there be a fire that all the departments respond, the same people who were there are still there, they now just need to be asked to respond. John Adams stated he needed to explain the agreement that both mayors and both chiefs would have to sign the auto-aid agreement.  Mayor Fultz acknowledged that he was aware of who was to sign the agreement. ANNOUNCEMENTS AND OTHER MATTERS:  The Mayor requested the Recorder to report on SCOOP.  There were a total of 1480 bags turned in as of 4/12/08.  Tri State Youth Choir have members who are to still do trash pick up.  There were 730 bags picked up in the city and 750 in the county to date.  Regretfully, there had been an error published in the Claiborne Progress that “Harrogate would pay $2 per bag for trash picked up in the county”.  The City has always paid extra only on that trash collected in the city limits.  Mayor Duncan is addressing the matter with the County Commission this evening and hopefully the public will understand it was an error but payment will be made of $1 per bag reported as county and $3 per bag reported as city. The Mayor announced that the May planning session would be designated as the budget-planning meeting for the next fiscal year.  However, with this evening’s previous action the called meeting will take place prior to going into the budget planning process. 

Carol Campbell with Abraham Lincoln Library and Museum presented her project being planned for Civil War History depicting the day-to-day lives of both the North and the South soldiers and others such as medical personnel.  The program will be presented at Ellen Myers and SMMS, the pilot schools for Claiborne County, and two schools in Kentucky will be selected.  This is to be funded by a grant being applied for in the amount of $10,000 total and requires a 50% match. Ms. Campbell asked for support of council for this project.  Mayor Fultz told Ms. Campbell that council would consider the project in the upcoming budget if that would be soon enough.  Her application will not be submitted until August 31st.

 MAYOR’S REPORT:   

TREASURER’S REPORT:  The Treasurer’s Report was presented. There was a motion by Charles White and a second by Linda Fultz to accept as presented.  The motion passed unanimously. 

 

UTILITY DEPARTMENT:  Lieven Cox reported on the Committee’s meetings with ASUD in an attempt to come up with workable solutions to areas of concern with the sewer system.  Concerns to be addressed on behalf of ASUD are how to address leakages, maintenance and repair costs, hearing complaints from customers, and the actual billing process.  These issues will be discussed within the city before getting back with ASUD for the next meeting.

 ROADS REPORT:  Bids were received until 7 p.m. this evening for the upcoming year’s paving.  Only one bid was received.  Mayor Fultz opened the bid from Elmo Greer and Sons who proposed asphalt laid in place at $52.75 per ton and DGA stone at $14 per ton.  As with the previous year’s contract, the price is based on a price index and the new agreement would have to make the price index a part of the agreement due to the fluctuating costs of petroleum products.  There was a motion by Mike Lester, seconded by Charles White, to accept the bid as proposed.  The motion passed unanimously. Mayor Fultz questioned council about re-striping the city streets that had previously been striped.  He did not have a firm price of the cost per mile for striping.  Superior Paving is to be contacted prior to the next meeting for a cost per mile. Several complaints had come in about the Stop Sign being knocked down at the intersection of Forge Ridge Road and Patterson Road.  The Mayor reported he would have that sign back in place in a couple of days. John Adams reported on the dangerous section of Brunswick near the Fire Station No. 2 where telephone poles were very close to the road in a curve and suggested that the road be widened and the poles moved.  The telephone company is to be called to see if they will move the poles so the city can make that section of road safer. Alderman Cox reported he had been called about the entrance at the new fire hall off Highway 63 being across the pedestrian crossing and walking trail.  It was suggested that signage should be put in place to warn pedestrians of emergency vehicles coming in and out. Alderman Fultz pointed out that pedestrians would not have the right-of-way over emergency vehicles. Mayor Fultz reported that some streets were in need of repaving, particularly in areas that sewer would not be going into in the near future. He also stated that since LMU had granted permission to take Harrogate Crossing on to Londonderry—still waiting for Mayor Duncan to put county approval into writing since it involved the parking area of the Senior Citizens Center—and since residents along Londonderry were complaining about the traffic speed on Londonderry, council needs to think about whether or not to make a four-way stop at Cromwell/Harrogate Crossing/Londonderry Road.  

PARKS AND RECREATION:  Margaret Norris of MTAS had reported to Staff that April Johnson (The State Local Parks and Recreation Representative) had mentioned to her that she had been through the area and noticed that the City still had not put sod onto the proposed soccer field.  Since LMU had decided to complete the soccer field project that was a budgeted part of the LPRF grant, it was Staff’s recommendation that the State be contacted to propose re-budgeting funds between the restroom facility and the skateboard park and close out the grant.  Mayor Fultz is to call April Johnson to discuss the project for her recommendations.

 

AYSO had requested their donation to the proposed soccer field project be returned since the city was not doing the project.  There was a motion by Charles White and a second by Linda Fultz to return the $4000.  The motion passed unanimously.

 

Linda Fultz gave the Parks and Recreation Advisory Board Report.  They had discussed the need for additional “No Pets Allowed” signs at the back of the park. (Later in this meeting it was pointed out that council had taken action in March to give P&R authority to purchase the signs needed.)  A review of the First Annual Easter Egg Hunt gave them ideas for how to improve on the event; Frank Smith had been approached by CEASE about a self-defense/self awareness event at the park; and Donnie Grigsby had contacted the Board about the possibility of a two-day sports clinic.  That request will be followed up for more information.  The Advisory Board had discussed the Movies in the Park and equipment that needed to be purchased.  With the budget constraints, it was decided to purchase one piece of equipment per year and continue the use of LMU equipment as needed.  Jamie Lake had reported there is still flooding over the blacktop at the ball field.  There is still a need for additional drainage/gravel.  Alderman Cox suggested that it be engineered beforehand to be sure relieving one problem did not create another one.   Relay for Life had requested a commitment for the $1500 for the upcoming budget. 

 

Lieven Cox commended the P&R Board on the Easter Egg Hunt.  He also asked about getting some new playground equipment, updating the playground area, needed to be re-mulched in some areas.  There were suggestions of using reprocessed rubber and checking into the cost of that.  With further discussion of new playground equipment, Mr. Cox also asked that the Board look into equipment that can be used by handicapped.  He had been there and saw children in wheelchairs sitting, watching and unable to participate with the equipment in place now.

 

Joan Webb requested that the Parks & Recreation also consider the “No Pets Allowed” signage along the walking trail in front of the H. Y. Livesay School where the trail begins.  Dogs were being walked along the trail in that area.  She also requested the date for the Relay for Life.  That is scheduled for August 22nd.

 

FIRE DEPARTMENT:  Mayor Fultz called on Co-Captain Ben Brown to give a report from the department.  He reported they (Co-Captains he and Josh McAllister) had reviewed the applicants and felt that Stephen Roberts would be their choice.   He suggested that mandatory drug testing and background checks to be used as a way to see who is still with the department.  They have gear missing that was with the volunteers who’ve left the department.  Linda Fultz questioned if phone numbers were available to contact them to have the gear returned.  Ben suggested that since reimbursements were being considered for responses that at that time the volunteers must sign in with all contact information. 

 

The Mayor reported that John Adams had submitted a letter of resignation.  There was a motion by Lieven Cox to accept the resignation.  Linda Fultz seconded the motion.  Call for vote was taken by ayes:  4; nos:  1 (Mike Lester).  The motion passed by majority vote.

 

Mayor Fultz reported that the State Division of Forestry was accepting grant applications for the 2008 Volunteer Fire Assistance Program.  The maximum grant is $6,000, 50% match.  The Department provided with the application a listing of equipment that had been awarded last year.  John Adams reported since the City had received this grant in 2006 we may not be considered for the grant since they try to spread the grants around.  A motion was made by Linda Fultz and seconded by Charles White to make application for the 2008 VFA Grant.  The motion passed unanimously.

 

The Mayor reported that the VFD/EMS building is 99% completed. Some clean up, and small items to be completed.  The air purification system is yet to be installed.  Some signage is still to be put in place.  Grand opening will be on May 10th at 11 a.m.

 

Lieven Cox called for action of appointment of fire chief.  He also stated that the board should consider the appointment for a 6-month probationary period to see how the department comes together and how the working relationship builds between the city’s and Cumberland Gap’s fire departments.  The Mayor addressed Ben Brown of the fire department’s recommendation.  Stephen Roberts was their recommendation.  There was a motion by Lieven Cox to appoint Stephen Roberts the new fire chief on a six-month probationary period and then reassess the department.  Linda Fultz seconded the motion.  The vote was unanimous to appoint Stephen Roberts as fire chief.

 HARROGATE BOOK STATION REPORT: Lieven Cox gave the report. The committee is looking into the purchase of computers. The Summer Reading Program is moving forward and is to be conducted in June and July for three different age groups.  Along with reading, special entertaining programs are being planned for the participants.  The windows had been boarded up however it was reported that the pigeons were still getting inside the upper level.  The Mayor reported a pest control person was looking into the situation.  Mr. Cox also reported that landscaping had been done at the Depot/Book Station.  

BUILDING INSPECTOR:  David Laws reported he had signed two permits during the month.  The Mayor informed Mr. Laws of another complaint about the problem area at Weatherby/Patterson Road and requested he follow up on that situation as well as any other areas that needed to be looked into.

 

There had been a couple of inquiries whether or not a permit had been issued for an addition to a house on Iris Circle.  He is to check that out.

 

Complaints had come in about dead limbs falling from trees along Patterson Road near the Coleman Lane intersection.  There was a question as to whether the trees are on LMU property or city right of way.  David Laws is to check into that question.

 

PROPOSED ORDINANCES ON SECOND READING:  The Mayor read Ordinance No. 64, An Ordinance of the City of Harrogate to Amend Ordinance No. 1 Establishing the Time, Positions, and Procedures to be followed with Respect to the Meetings of the Board of Mayor and Aldermen   (To clarify and establish the term of Vice-Mayor) There was a motion by Linda Fultz and seconded by Lieven Cox to adopt the Ordinance on second reading.  A roll call vote was taken:  Linda Fultz, yes; Mike Lester, yes; Charles White, yes; Lieven Cox, yes; and Bill Fultz, yes.  The motion passed unanimously.

 PLANNING AND ZONING:  Linda Fultz reported on the Planning and Zoning Commission meeting.  There was a request for rezoning property off Forge Ridge Road (Oscar and Alice Robertson Property) for proposed condominiums; were to finalize the Briarcliff Estates property, however no one appeared; review of preliminary subdivision plat for Pinnacle Place.  All issues had been resolved with redrawing of roads so no variances were requested and preliminary plat was approved. 

PROPOSED ORDINANCES ON FIRST READING:  The Mayor read Ordinance No. 65, An Ordinance Amending the “Zoning Map of Harrogate, Tennessee,” by Rezoning Property From R-1 Low Density residential District to R-2 Medium Density Residential District.  There was a motion by Charles White and seconded by Mike Lester to approve the ordinance on first reading. A roll call vote was taken:  Linda Fultz, yes; Mike Lester, yes; Charles White, yes; Lieven Cox, yes; and Bill Fultz, yes.  The motion passed unanimously.

RESOLUTIONS AND MEMORIALS: None

 

Mike Lester asked to speak prior to adjournment.  He had been asked to do this and he would do what he has been asked to do and not be made a liar.  The Board is elected to represent the 4500 residents of this city.  People took last month’s meeting very serious.  But he had been asked that due to recent and not-so-recent problems we’ve had that the Mayor either consider resigning or consider re-evaluating his attitude toward council and how we do things.  No reply expected but he was asked and obligated to do that. The Mayor thanked him.

 There was a motion by Mike Lester to adjourn.  The Mayor asked to speak before the second.  The Mayor stated he would not resign.  “We would see if we could speak more respective to each other.  Guessed he did go a little too far but others do to.  I’ve taken a lot of heat from a lot of people and think I’ve took it real good.  But I’ve got too many important projects in this community that involves a lot of money that we are working on – sewer, mainly sewer—through Federal government, State government and local government and it’s took three or four years to put this in place and I won’t quit now.  In the next three years we stand a good chance of receiving three to five million dollars here in the City of Harrogate for sewer and I guarantee you that if you check the statistics in every other small town in the State of Tennessee you won’t find one other small town in the State of Tennessee that’s been any more aggressive than the City of Harrogate has.  I appreciate all you guys that know what we need and we move forward. But, I won’t be resigning—I may not run again—but I won’t be resigning. Second?”   Lieven Cox seconded the motion to adjourn.  The Mayor declared the meeting was adjourned.