The Crossville City Council met for their regular scheduled session tonight.
The meeting started with a prayer led by Willard Dale followed by the presentation of the U.S. and Tennessee flags by the Young Marines.
JOHNSTON HONORED AS STUDENT OF THE MONTH
The Crossville City Council honored the Student of the Month. Rebecca Johnston is in Mrs. Tamara Rhyne’s third grade classroom at Martin Elementary School. Rebecca was nominated because “she is a fine example of a responsible citizen. She is helpful to others, polite, friendly, and kind. She takes responsibility for her actions and holds high expectations for herself.”
COUNCIL RECOGNIZES NATIONAL CHIROPRACTIC AWARENESS MONTH
Mayor James Mayberry presented a proclamation recognizing National Chiropractic Awareness Month:
WHEREAS, Chiropractors are physician-level providers who focus on the whole person in their conservative approach to pain management and health care, and have particular expertise in the prevention, care and rehabilitation of musculoskeletal injuries and conditions; WHEREAS, Chiropractors recognize through research and clinical experience that a sedentary lifestyle can diminish joint health, wellness and longevity; WHEREAS, Physical activity not only helps reduce the risk of cardiovascular disease, Type 2 diabetes and even some cancers, it also strengthens our bones and muscles and helps reduce the incidence of low back pain;
WHEREAS, Low back pain is one of the most common musculoskeletal conditions and is the single leading cause of disability worldwide;
WHEREAS, Years lived with disability caused by low back pain have increased worldwide by 54 percent between 1999 and 2015 – primarily because of the increase and aging of the population;
WHEREAS, Chiropractic is widely recognized as one of the safest nondrug, noninvasive therapies available for the treatment of low back pain and other musculoskeletal complaints;
WHEREAS, The American College of Physicians’ low-back pain treatment guidelines released in 2017 promote the use of noninvasive, nondrug treatments such as spinal manipulation as a first line of defense against back pain, and groups such as the Joint Commission and the CDC also promote the use of nonpharmacologic approaches for pain treatment before drugs and surgery;
WHEREAS, National Chiropractic Health Month 2018 serves as a reminder to all citizens of Crossville, Tennessee that noninvasive, nondrug treatments for low-back pain such as chiropractic services/spinal manipulation combined with an active, healthy lifestyle may lessen or eliminate the need for riskier, potentially addictive treatments (such as prescription opioid pain medications) and help keep people healthier and active into their senior years; THEREFORE, BE IT RESOLVED ,I, James Mayberry of Crossville, Tennessee officially joins with the American Chiropractic Association, and Tennessee Chiropractic Association as it promotes the benefits of movement with its “Move 4 Life” campaign by proclaiming October 2018 National Chiropractic Health Month.
AARP PRESENTS CROSSVILLE WITH “FRIENDLY CITY” DESIGNATION
Officials with AARP attended the city council meeting and State AARP President Craig Smith presented the council with a framed certificate being a “AARP Friendly City”. Crossville is now in the network of towns with that designation in the state. The honor was based on eight factors that officials looked at for senior living and way of life.
Three individuals spoke under public comments. Each had to register just before the meeting and their comments were limited to three minutes each. First was Lavonne Hubbard, who encouraged the council to support the continuing walking trail development in Crossville. The second was Stanley Watkins who asked was the dog tethering proposed ordinance for the welfare of the animals or where people can harass others when it comes to dogs. “If it is for the dogs, then pass it,” said Watkins. (see next paragraph about the dog tethering issues). The third was Doug Fields, an attorney in Crossville, who was speaking for Hand Properties. The group is looking at possible development of property close to the Dollar Tree and requested a work session with the city council to discuss the matter. The council will plan such a meeting as soon as possible to meet with Hand Properties officials.
FIRST READING OF ORDINANCE PERTAINING TO DOG TETHERING
The Crossville City Council approved by title only a first reading of an ordinance pertaining to dog tethering. Mayor James Mayberry said he personally thinks the ordinance revisions is getting out of hand and the state statute regarding the issue is sufficient. Mayor Pro Tem J.H. Graham III then made a motion to approve the ordinance by title only that received a second by Councilwoman Pamela Harris. The ordinance is still in a working stage and the council will have two more readings to bring it to acceptable levels.
The ordinance that is in a work stage and is NOT the final version is as follows:
1– No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object other than a spiral tie-out stake. Notwithstanding, a person may attach a dog to a running line, pully, or trolley system. Any pully or trolley system must be at least fifteen (15) feet in length and at least four (4) feet and no more than seven (7) feet off the ground.
2- The tether must allow the dog to easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable normal position. Vinyl coated cable is the preferred and recommended material for tethering. (However, if a chain is used, no chain or tether shall weigh more than 1/8 of the animal’s body weight and be appropriate for the size of the dog. Welded metal link chain with links larger than 7/64 inches in thickness cannot be used to tether an animal regardless of the length or weight of the chain.)
3- Any tether shall be at least twelve (12) feet in length and have swivels on both ends.
4- Any tether must be attached to a properly fitting buckle-type collar or harness worn by the animal. Choke collars and pinch collars are prohibited for purposes of tethering an animal to a spiral tie-out stake, pulley system or cable run. A person may not wrap tether around an animal’s neck.
5- A tether used to restrain an animal must, by design and placement, be unlikely to become entangled with other objects or animals or from extending over an object or edge that could result in the strangulation or injury of the dog.
6- Unlawful to tether any un-sterilized female dog during their 24 day period of fertility per TCA 44-8-410. Exceptions: Hunting Dogs as defined below: Of hunting dogs. As used in this Paragraph, the term “hunting dog” means a dog actually used to lawfully hunt game in TN or another State of the United States under a valid hunting license issued by the State where the hunting occurred during the then present year or the year previous, and with respect to a dog of less than eighteen (18) months of age, a dog that has had training toward hunting lawful game in TN or another state of the United States. The owner of the dog relying on the dog’s status as a “hunting dog” under this paragraph may establish a prima facie case of such status by providing to a law enforcement officer with a sworn written statement setting forth the specific facts establishing that the dog is a “hunting dog” within the meaning of this paragraph. Work dogs will also be included in this.
7- The dog cannot be tethered (or confined to an outdoor enclosure) during extreme weather, including, but not limited to, extreme heat or near-freezing temperatures, dangerous thunderstorms, unless adequate food, potable water, shade, shelter and protection is provided as outlined in this ordinance. Animals must have access to enter a dwelling during severe weather alerts from the National Weather Service (ie, tornado watches, floods, etc,).
8- The animal, while restrained by a tether (or confined to an outdoor enclosure) shall have access to tip proof potable (sanitary and liquid) water at all times, sufficient food and dry ground.
9-A dog may never be left tethered (or confined in an outdoor enclosure) and unattended on vacant or abandoned property.
10- A dog that has been declared dangerous cannot be tethered. A dog this is demonstrably aggressive cannot be tethered unless a competent adult is present for the duration of the tethering.
11- The following dogs may not be tethered: Sick or injured, pregnant, a female nursing pups, a dog less than six (6) months of age.
12- The animal (tethered or confined to an outdoor enclosure) must be kept in a clean, sanitary and healthy manner and not confined so as to be forced to stand, sit or lie in its own excrement; The animal must be able to defecate and urinate in an area separate from the area where it must eat, drink and lie down. The person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact and keep them free of sharp objects, trash, or debris.
13- Shade, separate from the shelter, either natural or manmade, shall be available at all times to a tethered dog, or a dog confined to an outdoor enclosure.
14- The animal, while restrained by tether or in an outdoor enclosure, shall have access to proper shelter at all times.
15- Proper shelter shall have a weatherproof roof, enclosed sides, a doorway, a solid floor raised at least two inches above the ground. No interior surfaces shall be metal. The shelter shall have an entryway that the dog can easily enter and sufficient in size for a dog to stand, turn around, lie down, and exit in a natural manner. The shelter shall have adequate ventilation and protection from temperature extremes at all times. The shelter shall be small enough to retain the animal’s body heat and large enough to allow the animal to stand up and turn around comfortably. The enclosure shall be structurally sound and in good repair. Bedding, such as wood shavings, straw or other material, shall be provided in sufficient quantity for insulation. Bedding shall be kept dry.
16- Any dog confined within an outdoor enclosure must have adequate space for exercise. A minimum of 100 square feet is required. Dogs over 75 pounds must have an additional 50 square feet. Seventy-five square feet is required for each additional dog kept within the same enclosed area.
17- Any dog tethered or confined must be provided reasonably necessary medical care to prevent suffering, in addition to the required rabies.
READER REMINDER – This is the current draft of the dog tethering ordinance as a final one is still in the works.
The city council then passed on first reading an ordinance amending the budget for dog park equipment.
WAIVER OF WATER AND SEWER TAP FEES FOR CHRISTIAN ACADEMY OF CUMBERLANDS
The council approved the waivers of water and sewer tap fees for Christian Academy of the Cumberlands on Braun Street, The school is preparing a location in order to set up portable classroom. The physical location of the property is Iris Lane. In order to continue the project, the school is required to have a new water and sewer tap for the portable classroom. The council waived the fees as the school is 501c3.
The council approved tournament fee incentives for parks in the city.
TEMPORARY ROAD CLOSURES APPROVED BY THE COUNCIL
The council then approved temporary street closings for the Stone Memorial High School Panther Dash (Cook Road from the school to I-40/Cook Road) on November 10, 2018 from 8 to 9:30 a.m. and a temporary road closure request for Boo on Main (Main Street from 5th Street to Stanley Street) for Wednesday, October 31, 2018 from 4 to 9 p.m. Also approved for temporary closure was Thurman Avenue behind the old courthouse for the Holiday Market from noon until 9 p.m. December 8, 2018. (This is the same night of the Crossville Christmas Parade)
RENEWAL OF LEASE OF SNODGRASS BUILDING FOR DCI
Architectural services for Garrison Park and the renewal of a lease of the Snodgrass building was approved by the council. Downtown Crossville Inc. (DCI), requested the renewal of the lease for the Snodgrass building and storage space at 380 Thurman Avenue with no changes from the previous lease. Their office has been housed in the building for nearly five years now. They have worked to renovate the house, and have invested well over $15,000 of DCI funds in the renovation and upkeep of the property. The office serves as the DCI meeting space and as the hub of activity during many of the downtown projects held.
INTERLOCAL AGREEMENT WITH CRAB ORCHARD UTILITY DISTRICT
Council members approved an interlocal agreement with Crab Orchard Utility District. The agreement is as follows:
- RECITALS WHEREAS, Tennessee Code Annotated § 12-9-104 authorizes all local governments to contract with each other to provide a governmental function or service that each party to the contract is authorized to perform individually and in which the contracting parties are mutually interested, the act further authorizes a local government to enter into an agreement with a Utility provided it is not to create a for profit entity;
WHEREAS, The City of Crossville is a Municipal Corporation organized under the laws of Tennessee, and;
WHEREAS, Crab Orchard Utility District is properly created under the Utility District Act of 1937, and is duly organized and functioning in accordance with the laws of the State of Tennessee, and;
WHEREAS, City and Utility represent that each is independently authorized to perform the functions contemplated by this Agreement, and;
WHEREAS, both the City and Utility find it mutually desirable to enter into this Agreement, and;
WHEREAS, the City provides sewer services to certain joint customers who are within the Utility service area and the Utility provides water to those same joint customers, and;
WHEREAS, the City does not have a mechanism to enforce or cut off delinquent accounts for sewer services and cannot cut off the water to certain joint customers who hold delinquent accounts, and;
WHEREAS, the Utility being the water provider, has an enforcement mechanism and ability to cut off the water to joint customers who hold delinquent accounts, and; WHEREAS, the City of Crossville and Utility are interested in working together to provide optimal services for their joint customers, and;
WHEREAS, in order to provide such optimal services, the City and Utility need the abilities and mechanisms in place to insure payments by account holders;
NOW, THEREFORE in consideration of the mutual benefits and promises each to the other made herein, the parties named above do hereby agree as follows:
A. The Utility shall be responsible for reading the meter of all joint customers and providing a monthly report listing the joint customers name, account address, water usage, and sewer usage.
B. The Utility shall be responsible for billing and collecting the total payment from the joint customer for both water and sewer bills from each such joint customer that receives water from the Utility and sewer from the City.
C. The Utility shall remit to the City the portion of the payment which represent the sewer usage consistent with the meter reading on the 1st day of the following month after the collection of payment or on the 1st day of the following month after the collection of a delinquent payment.
D. The Utility shall discontinue providing water to any joint customer whose water or sewer account is delinquent consistent with the Utility’s current polices and standards for utility customers concerning delinquent accounts.
III. INDEMNITY Subject to the limitations as to liability and damages in the Tennessee Tort Liability Act and without waiving its governmental immunity, each Party agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused or asserted to have been caused directly or indirectly by any other Party to this Agreement, or any of its officers, agents or employees, or as the result of its performance, or any of its officers, agents or employees, under this Agreement.
IV. GENERAL PROVISIONS
A. Severability Clause: The parties intend for the various provisions of this Agreement to be severable so that the invalidity, if any, of any one section (or more) shall not affect the validity of the remaining provisions or sections.
B. This document may be executed in any number of original signature counterparts, each of which shall for all purposes be deemed an original, and all such counterparts shall constitute one and the same document.
C. This agreement shall become effective upon the signature of both parties and shall have an initial term of five (5) years and shall have to option of renewal upon the agreement of both parties for five (5) additional two (2) year terms.
D. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entity.
E. This Agreement shall be interpreted in accordance with the laws of the State of Tennessee and venue shall be in the Cumberland County Chancery Court.
F. This Agreement represents the entire agreement of the parties and supersedes any verbal or written representations of, to or by the parties to each other.
G. Notices to either party shall be sufficient if sent in writing; postage pre-paid, registered or certified mail to the duly elected Mayor of the party or the duly appointed Chairman or Director of the Utility District.
H. The parties agree that they will cooperate with each other in all matters that are reasonably necessary or desirable to facilitate the performance of their respective obligations under this Agreement. Each of the parties hereto further agrees to do any act or thing and execute any and all instruments that are reasonably necessary and proper to make effective the provisions of this Agreement and consummate the transactions contemplated under this Agreement
The council then approved a contract for a 2019 Alcohol Enforcement Grant in the amount of $20,000.
Several bids and purchases met the approval of the city council including vehicles, police car camera systems and a vacuum machine and a backhoe for Catoosa Utility Department.
The council approved Blackberry Court as a city street as well as bridged health insurance for retirees.
WAGE STUDY APPROVED BY CITY COUNCIL
The City of Crossville approved a wage study to see how they compare with other towns in the area. City Manager Greg Wood told the city council they are having issues with employees, especially in the police department, leaving for better paying jobs close to Crossville. The study will take about six weeks to complete and will look at pay, benefits and job descriptions. When the study comes back, the city at that time could look at enhancing the pay to come close to, match or exceed other towns in the area. The study is not to exceed $20,000.
BRIDGED HEALTH CARE INSURANCE FOR CITY RETIREES
The council revisited possible reinstatement of the bridged health care insurance for city retirees. The program was discontinued in 2010. A motion was made to enact the insurance plan effective immediately with officials to report back in the future to see the costs of coverage. The motion received a second and passed.
Council members approved the original trail design for the Maryetta Street area.
The council also gave approval on a recommendation of the Interchange Business Park pad site, an extension of the lease to Homestead Timber Frames and a contract for engineering services for the CDBG Sewer System Improvement Project.
When it comes to sewers, the city is in better shape than they thought based on an improvement project ongoing. Many of the sewers are in better shape than expected and more are being looked at to determine the conditions. Fifty-three percent of water that goes into the sewer system is from storms.