MBA 2006 March
Mayor and Alderman Meeting
March 28, 2006
Mayor Crosby called the meeting to order at 7 pm.
City Administrators and citizens recited the pledge of allegiance to the Flag.
In attendance for the meeting are Alderman Donnie Gill, Alderman Jack Long, Alderwoman Peggy Ruth and Alderman
Mayor Crosby announced the bank balances for the city to date as:
1. General Government: $271,752.42
3. Landfill/Legal Fund: $2,824.74
Mrs. Slawson spoke for the allotted time of three minutes, her subject being her displeasure with Mayor Crosby, Donnie Gill and Jack Long. She expressed her commitment to getting them removed from office.
Mayor Crosby asked the board for any reports or comments from the Aldermen.
The paper was a copy to him of a business nature that he felt may should have been sent to Mrs. Slawson. The problem was solved when he was informed it was a copy for his file.
2. Jack Long reported on the census. 1597 census cards have been mailed out.
To date there has been a little over 600 cards returned totaling 1604 people. At present time cards are still arriving at City Hall. Alderman Long requested Peggy Ruth and
3. Chief of Police E.J. Bernard reported computer problems regarding the records of the police department. He stated repair work is in progress and he should have a full report available for the next meeting. He also stated he has an officer working with the
Middle school as a School Resource Officer. The cost of this involvement is not coming out of the City budget at this time and will stay in place until the end of this school year. It is a trial situation that will be evaluated at the appropriate time and decisions made accordingly.
4. Mayor Crosby explained to all present the work that has been done on the
city streets, itemizing each site, work done and what was required at each location. He explained why different repairs and replacements were required. He also explained what the future goals are and what is known to be needed. Some areas are still an unknown, but stated all work will be done correctly so as to have a proper foundation for a lasting and correct pavement.
5. Mayor Crosby reported that all City streets had been mowed seven (7) times from last year through this year and there has been a trash/litter pick up over the whole City, last year five (5) times, and once this year for a total of 6 times. He requested that all citizens inform others that litter pick up is costly and we all need to help keep the city clean. Pickup is expensive and so is hauling and associated dump fees.
6. The Mayor reported that pot hole repairs are mostly up to date, having used a total of 144 tons of cold mix. There is still a small stretch on
7. The Mayor requested that if anyone knows of a pot hole or any problem with the city streets to please call City Hall and report it so the work can be completed as soon as possible.
8. Mayor Crosby stated he was trying to get a price on a dump truck to be used for
gravel and road repairs, etc.
1. Case 05-19: Mr. Jerry Gregory requests Final Plat review for property located
Motion made by Alderman Gill and Alderman Long seconds the motion.
No discussion. Motion passed unanimously.
2. Case 05-28: Mr. Dale Hurd requests Rezoning of a 2.31 acre tract of land being
a portion of Lot 16, section 1,
Second reading. Motion made by Alderman Gill, Alderwoman Ruth seconds the motion. No discussion. Motion passes unanimously.
3. Case 05-29: Mr. Michael James requesting Plan Approval for lots 13 & 14,
Crutcher Meadows, section 2. Currently zoned as AG. Second reading.
Motion made by Alderman Gill, Alderman Scott seconds the motion.
No discussion. Motion passes unanimously.
4. Ordinance 2006-02: Town of Coopertown Electronic Communication and
Internet Policy. First
of this ordinance and his communication with City Attorney John Holt who had no problem in supporting the program. Motion made by Alderman Donnie Gill, Alderman Jack Long seconds the motion. Mayor Crosby, Alderman Gill, and Alderman Long vote yes. Alderwoman Ruth abstained. Alderman Scott voted no.
Meeting was interrupted by Mrs. Slawson requesting Minutes. She was requested to refrain from disorder. The Mayor said that would be covered later in the meeting. Order was restored.
5. Ordinance 2006-03: Town of
Jumbled talked and discussion ensued with
Mayor Crosby asked Ed Niec to explain to the citizens about the Minutes.
Mr. Niec addressed Mrs. Slawson earlier comments regarding the Minutes of past meetings. He stated it was his fault because it was difficult to ascertain portions from the tape recordings what had been recorded. He said it is extremely hard to hear what is on the tape when there are those in the background screaming and shouting and being very vocal when someone is trying to take notes and trying to listen to what was going on. Mr. Niec said he has taken work home and expects to have caught up on this issue by the end of "tomorrow with all the notes for the Planning Commission, the Board of Zoning Appeals and the Board of Mayor and Alderman. He asked that all bear with him in this endeavor and to understand what he is achieving.
Mr. Niec explained further of a computer crash that he is working through to bring up to date information on every check that he has been responsible for, since November. He explained a full accounting of how each check is processed. He also explained payroll procedures. Deposits were also explained by journal entries. Mr. Niec stated the City has a new system now.
The previous CPA used a system that differed from the system used by other government agencies and Coopertown has now adopted the governmental system and started changing over to different categories and different deposits.
Alderwoman Ruth questioned the change over and the name of the previously
CPA, John Poole . She asked for a full explanation of how a Building permit would be handled. Mr. Niec went through the entire process for the benefit of Alderwoman Ruth and the citizens in attendance.
1. Paving estimates for Cooper Nicholson Road,
Estimates were reported by Mayor Crosby with explanations for each project. (This information is included in the package submitted to each Alderperson) Mayor Crosby pointed out an approximate $10,000. in savings realized by the City for work done by the City rather than an outside contractor.
Mayor Crosby also suggested that all paving be suspended until all repairs have been made.
Errel Dowlen road pavement figure is $107, 319. This was arrived at by a comparison of pricing on
The Mayor reported that in comparing costs with
Alderwoman Ruth asked if there had been any bids. The Mayor said the City did not have to take bids for this project because this was a bid on at State contract and bids were not required and explained the policy as that being the same that was done earlier.
Alderman Scott questioned the possibility of LoJac subcontracting the job to others - as had been done before by the last administration. The Mayor said that would not happen. Alderman Scott wanted to know if there was money available to do the project. The answer was yes.
Alderwoman Ruth further questioned the possibility of someone else doing the work.
The Mayor said some "clipping work had been sub contracted out but the paving would not be.
Alderman Scott questioned the work being done regarding culverts and drainage. He wanted to know if all work had been done. The Mayor explained that all the culverts had been checked and stated there were two more driveway culverts that needed to be put in on
These driveway culverts had been damaged in past, one by an auto accident. The Mayor has requested the owner of one property to allow the City to replace the pipe at her driveway so a 24 foot joint can replace the 16 foot unit that has been there.
Alderman Scott questioned the culvert work on
Alderwoman Ruth asked how does what is being done compare to what has been budgeted. The Mayor reported (from Jack Long) there is still $196,000. (Jack Long stated the budget was for $400,000. and $203,000. has been spent on paving. He further explained there is a remaining about of $196,000 left in the budget.
Alderwoman Ruth asked if the Mayor was asking the Aldermen to vote on all three of the roads mentioned earlier. Mayor Crosby said no, he was asking for the vote on paving Errel Dowlen road only at this time.
The Mayor went on to say he would like to do the remainder of McMahon Hollow Road next, which is part of his "north and south projection so that the trucks do not have to run back and forth across new pavement. Then he would go east and west. The
to be done after Errel Dowlen and McMahan Hollow Roads in order to keep the big trucks off that road.
The Mayor said he could see the possibility of paving Errel Dowlen and
The Mayor stated that the Road Repair work, the city is over the budget about $14,000 on culverts, etc. or about 153%. That includes all the culvert work, building edges, mowing the grass, trash pick up, pot hole repair - that is the whole budget. The Mayor pointed out all the work listed on the bulletin board at a cost of $85,100 and pointed out that if the work had been contracted out the cost would have been approximately $210,000 to $260,000. The payroll of the employees of the Road Department is right in line with maybe $1500 out of budget on payroll for the roads. The largest expense has been the cost for the large pipes. The goal is to pave
The Mayor went further to say he was working on a draining system for the hill on Errel Dowlen that will work well and provide good preparation for paving.
Alderman Scott asked details about the drainage, the width of the road, etc. The Mayor explained his strategy and the associated costs. Alderman Scott discussed possibilities he thought might work, etc, draining going down the hill, etc. The Mayor explained the difficulties he faced and Alderman Scott offered further ideas, etc. The Mayor stated he felt he could accomplish the task with a cost of $9000 and the work had to be done.
Alderwoman Ruth said she appreciated all the work that had been done on the cleaning of the road projects. She still had questions regarding the budget and over spending, mentioning the probability of going over the budget amount in March - mentioning the payroll.
The Mayor said the reason it was over was due to putting radar and lights in the last three cars that were purchased, totaling approximately $70,000 in expenses. He said this amount would have to be budgeted back into the Police Department and that will bring their budget back in line. Ms. Ruth wanted to know how much money were we going to lose in shifting money
over to pay the Police Department and whatever else.
Debate between several people here can not be transcribed due to people talking over one another. Alderman Scott can be heard to say "Well, I know we don't take anything out of the roads.
Ed Niec explained there is a
Ms. Ruth over spoke Mr. Niec here and it is not possible to transcribe what was said during this confusion.
Jack Long was heard to say there is $271,000 in the bank right now and all the bills are paid and you have the State money coming in each month and there is surplus after we cover everything.
Ms. Ruth said "So now we are running deficit on the Police Department, we know that much.
Several speaking at once - unable to transcribe.
The Mayor then stated once the budget is amended that will put another $70,000 back into the Police department and they will be within their budget. They might run over a little bit on it. The Mayor went on to say that as of today all bills have been paid. He also stated that with the funds available and the money coming in from such things as building permits that we will
have in excess of $260,000 at the end of the budget year if we continue at the same base and pace that we have been. Mr. Pennington said between now and July 1st that he plans to have another fifteen homes with building permits and if he does that then we will exceed everything that we have projected.
Ms. Ruth then asked when the budget would be amended.
Jack Long stated that the budget would be amended after the budget year has ended and all the figures are put together. The Mayor said it would have to be after the last day of June when everything has come in and all the expenditures are known.
The Mayor went back to the subject of road work and the drainage pipes involved. He explained how if the work isn't done correctly the drainage will not work and leaves in the fall will be a problem just as they have been in the past.
The Mayor asked for a Motion and
2. Construction of City Hall addition.
The Mayor stated he has spoken with the bank for the City and the bank said it would be supportive and more than happy to finance whatever project the City decided to do in building on to the present structure. The Mayor said he has asked Mr. Binkley to give an estimate of costs. With the blueprint we have now we need to add on what we need now and set the note up so we can pay it.
He stated the City has been putting $20,000. per year into the budget for building repair, etc. Exact figures for repayment on a note is not know but a figure of $19, 400 was mentioned. The Mayor said that the blueprint addition cost could run from $260,000 to $280,000.
A citizen asked the size of the planned addition and the Mayor described that plan and the remodeling that would be required of the existing structure. The exact square footage was not known.
A voice asked about voting to start taking bids. The Mayor said yes, that after talking with the bank and having the funds that have been appropriated that the City needed to proceed. He said there was no need to keep appropriating the money if it wasn't going to be used and it certainly needed to be used now to enlarge the building.
Alderwoman Ruth stated "Well, if it has been appropriated for "repairs then that is different than from new construction.
Alderman Long stated "It has been appropriated for capitol outlay - $25,000.
Alderwoman Ruth said, "25, 000. Wasn't $25,000 the amount that was mentioned that it was going to cost for the entire building project? The Mayor replied, "For this end out here? Ms. Ruth said $25,000. again and the Mayor said "But, whenever you went to MTAS and asked about was there a particular certification required here, that kind of took that program and knocked it in the head. That means we have to take a bid on it and contract it out.
The Mayor said that in the last year he has saved the City enough on roads alone to cover the building expense. He offered to show invoices that would substantiate his statement.
The Mayor said that City Hall has got to have more room for people to work that we are out of room.
Alderman Scott asked if the blueprints were available for review.
Mayor Crosby said that Mr. Binkley had them right now.
Alderman Scott said he thought we need to know exactly what we are going to have to have by the blueprints right down to the final penny before we can actually vote on something that we don't have an exact figure on what we are voting on.
The Mayor said "That is why you take bids on it and then you come back and vote on to accept or not accept the bid. This is way over my spending limits. This board has to give permission to take the bids before I can take any bids for it.
Alderman Ruth stated "That is quite a big leap from building one room for $25,000 to ten times that much.
Mayor Crosby said "Some things are better left unsaid than said.
A question was asked from a citizen that is not clear.
The Mayor responded "I just can't remember exactly what it was, but we dealt with square footage. I just don't remember exactly what it was.
A citizen said "Wasn't that $25,000 amount that you suggested earlier with community support and people donating their time and efforts? But it wasn't allowed? The Mayor answered "Yes Maam.
Alderwoman Ruth: "Are you talking about information that I got which stated it wasn't that it wasn't allowed, there were - TML had some procedures in place that and recommended brochures and what not as far as insurance coverage, and waivers and things for volunteers to sign so that we didn't end up with liability. It was allowed, it is just that they were suggesting that we go about it in a certain way.
Mayor Crosby said "Once you exceed, I believe, the $25,000 mark you have to have an engineer and an architect stamp on the blueprint. When you exceed the $25,000 mark that means you have to have monthly and weekly inspections by your engineer and your architect and that is what has to happen.
Alderwoman said "I think that was the teeth of it.
A citizen asked who the Bank was that made the offer. The Mayor said it was Regions and the loan would be with very little interest.
Same citizen said he had never seen a loan this low.
Alderman Gill said "All we are going to be voting on tonight is whether or not we are going to proceed and get the ball rolling. We are not deciding on anything else. The Mayor said sure.
Alderwoman Ruth asked: "Where the plans that you are wanting to work with now? Are those the original plans? The Mayor answered "Yes, with an addition of a courtroom in the back that the engineer and architect have drawn and put on the back.
Alderman Scott: "But we don't have them here right now so we can look at them?
Mayor Crosby: "Mr. Binkley has them and is doing a "take off on them.
Alderwoman Ruth talks, Mayor talks - conversation is not clear enough to transcribe. Ms. Ruth was questioning something regarding the architect drawing a plan. The Mayor said the plan was already drawn and the architect simply added on to the back of the building and he did not charge us for that. The only charge was for the engineer that did the engineering work on it. The Mayor asked for a motion. Alderman Long made the motion. Alderman Gill seconded the motion. Roll call showed Mayor Crosby, Alderman Gill and Alderman Long voted yes. Alderwoman Ruth and Alderman Scott voted no. Scott went on to say he voted no and the basis that the blueprints weren't there to look at.
Some discussion was voiced that is not clear enough to transcribe. People talking over each other, etc.
Alderman Gill said "We are going to get the blueprints in here and we got to know what
we are doing, but if we don't decide to get going on this it is never going to get done.
More jumbled conversation that is unclear.
Mayor Crosby stated: We will get the prints in here and start looking over what we are doing and know what we are putting out for bid.
Alderman Scott said "We should do that before we put it out for bid it looks like to me.
More jumbled conversation that is unclear.
3. State of
Prevention, revised General Inspection for
Occupancy Load is 26 people allowed by code.
Mayor Cosby requested Police Chief Bernard to go over this issue as he was the one who inquired to find out the correct number.
Chief Bernard stated he contacted the office of the Fire Marshall and requested an
inspection. Chief Bernard said he took this action as safety is his responsibility. The
Fire Marshall came out and made the inspection. The result of the inspection is noted
to be 26 people.
Alderwoman Ruth asked if there was any explanation as to why it went down to half of the previous number. Chief Bernard stated square footage was an issue. He presented a faxed letter from the Fire Marshall dated March 27, 2006. The previous number of 40 was from the previous administration. Alderwoman Ruth inquired of Ethel Spiller, who said Doug Vann, had advised her during the time she was Mayor. Alderman Scott asked if the number was reached at that time by the square footage of the building or just of the room.
Jumbled conversation, unclear to transcribe. Alderwoman Ruth is heard to say she did call the Fire Marshall but had not heard back from them. She stated she had asked on Friday to get a copy of the certificate from here but we don't have one. Alderman Ruth asked if there isn't generally a certificate issued that is placed in a public place that states the capacity.
Ed Niec reported that the only thing he has received was the fax and that was initiated by a request by Chief Bernard and he has made copies of what he received for everyone. Alderwoman Ruth continued in her questioning, stating there is such a large difference from then until now. Chief Bernard reiterated that he only knows what he was told by the Fire Marshal.
Jumbled conversation - unable to transcribe.
Mayor Crosby is heard to say he would ask Doug Vann to provide a letter as to why
capacity was 40 and is now 26. Mayor Crosby said possibly laws could have changed over the years. He also pointed out that approximately 2 months ago Doug Vann came up with about 25.7 people.
Alderwoman Ruth and Alderman Scott speak over one another or at the same time and not clear enough to transcribe until the following remark is heard from Alderman Scott saying - - -"this is a faxed letter. Is this the real letter the 23rd and this is faxed - - Ed Niec stated "I got this fax yesterday.
More conversation is made but is not clear enough to transcribe.
As the conversations progress Alderwoman Ruth can be heard speculating on the
configuration of the room and the placement of the conference table that is in place now that may be part of the problem and taking up more than "our share of the space. The Mayor is heard to say "before there were three tables here and the same amount of people sitting here.
Alderwoman Ruth continued to discuss the table and asked if there was a larger crowd anticipated that maybe it would be possible to remove the large table. Or maybe have access to the school.
More conversation is heard in a distance but is not discernable.
Mayor Crosby agrees that more space is needed even for just the daily office work and wants to improve the entire situation for everyone.
Citizen conversation is heard but is not clear enough to transcribe. In response to the
statement the Mayor said he would not want to put any type of load on the school system and would prefer to use the Wedding Chapel until more room becomes available at City Hall.
4. Resolution 2006-March 28, 2006: Disposal of excess, outdated computer equipment, printers, copiers, wooden desks and wooden tables.
Mayor Crosby explained that the items to be disposed of were things that had been taken out of City Hall that were no longer useable. He stated that Alderman Gill had been storing these items in his garage and after sustaining a leg injury a day or so ago made the decision he wanted the stuff moved out. Alderman Gill explained that all of the electronics were outdated and of no use. He originally allowed the City to use his garage for storage in order to save $50 per month thinking it would only be there for a couple of months but it has now been over one year. The desks are not useable and one has literally fallen into pieces. He considered none of the equipment to be of any value. He said if any of the computers had hard drives in them they should be removed and stored at City Hall.
Mayor Crosby said he had talked to Mr. Jaeckel who stated if the items could not be sold for enough money to pay for the advertising bill there are two choices. One choice is to take it all to the State Surplus where they can try to resell it or you can pass a resolution to destroy it. Alderman Gill again reiterated his former opinion that there was nothing of value stored in his garage. Alderman Gill wants his garage back.
Alderwoman Ruth said there ought to be a few things of value. Alderman Gill offered to bring it all to her house the next day. Alderman Ruth repeated herself by pointing out that there might be a few things that would be of use to someone, such as filing cabinets, some desks, rather than just destroy them. They might be of use to somebody. She questioned some numbers off to the side wondering if they were serial numbers. She asked for an inventory on all the equipment and all the furniture in City Hall, each item. Ed Niec reported that the items discussed were no longer on the inventory. Mayor Crosby said he had not seen an inventory of things since he came into office so it wasn't known.
Ethel Spiller spoke from the citizen sector stating there had been an inventory. Ed Niec asked if she recognized any of the stuff. She stated that she did recognize it. Alderman Gill went on to say it could be kept forever as far as he was concerned, he just wants everything removed from his property.
Ethel Spiller made the statement that some of the things had been donated to Coopertown. Ed Niec asked how long ago that had been. Her answer wasn't clear.
Some discussion is not discernable for transcription.
Alderman Long suggested the City take all the items to State Surplus to avoid any problems or hurt feelings. That way the disposable it will be on record with General Surplus. He suggested that before transporting anything it would be advisable to check with General Surplus to see if they will even accept it. Mayor Crosby said he is sure they will not want it. Ed Niec said the desks are particle board rather than wood.
Alderman Ruth she understood, that if the City had twenty-two pieces of equipment that was "our responsibility at one point, who is to say that somebody will not come along in the future and say "What happened to these twenty-two items?
Jumbled conversation - unable to transcribe.
Ed Niec said a decision needs to be made on what is going to be done with the stuff and then when a decision is made then we take the items off the inventory list. Jumble conversation - unable to transcribe.
Alderman Long made the motion to declare the discussed twenty-two items as
surplus equipment and send it to General Services. Alderman Gill seconded the
motion. The motion passed unanimously.
5. Resolution 2006-March 28, 2006: Request from Gregory Engineering & Repair to
Settle current charges involving automobiles in storage by allowing City of
Coopertown to turn over titles/registration of said vehicles since these vehicles are
beyond reasonable repair and/or maintenance.
The Mayor explained the billing itemization submitted to the City by Gregory Engineering including some business information that originated under the previous administration. One vehicle was removed from the fence behind City Hall, having been there long enough to house a hornets nest. No one was stung. Mayor Crosby further explained that all vehicles involved are of no value to the City, motors are blown as well as transmissions, etc.
Alderman Scott exclaimed "I can't believe this!
Mayor Crosby said "On days of storage?
Ed Niec stated that storage was computed at $15 per day.
Alderwoman Ruth asked "Why did we leave it over there for $4400 worth of storage!? Mayor Crosby explained the billing was what it would be if he had charged such.
Jumbled conversation - unable to transcribe.
Mayor Crosby explained that Mr. Gregory is only asking for the titles so he can
Alderman Scott said "I thought he was charging for all that!
Jumbled conversation - unable to transcribe.
Alderman Ruth said "He wants the money instead of the storage.
It was further explained that Mr. Gregory needed the titles to the vehicles so he
can have them scrapped. You must have a title now in order to scrap a car.
Alderman Scott asked if we have the titles to all these cars.
Ed Niec explained that you give the titles and the tags and Mr. Gregory throws the
Jumbled conversation - unable to transcribe.
Alderwoman Ruth stated there should not have been a $4000 storage bill. I guess I would go get my car before I spent $4000 for storage!
Mayor Crosby explained again that Mr. Gregory was not charging $4000. He is just saying that the cars that are sitting at his business are junk and are no good to anyone. They are beyond repair.
Citizen Ms. Slawson spoke from citizen sector stating "It was the responsibility of
Mr. Gregory, after 90 days, to take care of the problem by going to the State and showing proof that he has pulled this in and it has been on his property for 90 days and he can attach it for 90 days. At that time the State will give him a title and he is allowed to sell it as long as he provides two postings in a newspaper - sir.
Alderman Long stated we can just settle by giving him the titles and registrations and I
make the motion that is what we do.
Very heavily jumbled conversations - unable to transcribe.
Mayor had to use the gavel strongly several times to restore order
Alderman Scott asked "Who paid the $85 for the tow in? Was that free too? At the top it says "tow - - -. Mayor Crosby said that was free of charge.
Alderman Scott said "So, nobody paid that, he just put $85 but he didn't charge the
City? Mayor Crosby said that was correct. There has been nothing charged. The cars just sat there and are junk. The cars are no longer good for anything. Do I have a motion?
Alderwoman Ruth speaks: Well, I mean, aren't they good for something? They are
good for a least parts.
Ed Niec speaks: These vehicles were taken there. He has them. If we want these vehicles back this is what we would probably have to pay for the storage.
Jumbled conversation - unable to transcribe.
Mayor said to "STOP right there! This is what Mr. Gregory said. This is what the
days are for storage. We have taken the 95 model out here forever that had 210,000 miles on it when it burned up. We have pulled parts from these two or three cars, here, there and everywhere to keep that car running. We have pulled the head gaskets off of it, the heads off of it and put them on the 95 model. We pulled the exhaust system off of one of them and put it on the 95 model so that we wouldn't have to buy one so we could keep this other car running. Mr. Gregory pulled it off and he put it back on this other car. These things are strictly junk! Do I have a motion?
Alderman Long made the motion.
Mayor Crosby asked for a second.
Alderman Gill seconded the motion.
Alderman Scott speaks up and says "If we decide not to do this then we have to pay
Mayor Crosby said "No. Then they will just be pulled back up here - with no charge.
Alderman Scott: "Well that isn't what Mr. Niec just said.
Ed Niec states; "I was just making an assumption.
Mayor Crosby: That was his assumption, Mr. Niec has not talked with Mr. Gregory
I have talked with Mark Gregory and this is what he said. He wants them off of his
property they have been there long enough. Now, do you want them? Because if you
do you I'll have them pulled to your house.
Alderman Scott: Well I - - -
Mayor Crosby: I have a motion. I have a second. Would you please call the roll Ed. Mayor Crosby, Vice Mayor Long, Alderman Gill all voted yes. Alderwoman
Ruth and Alderman Scott voted no. Motion passes.
Mayor Crosby: "Do I have a motion to adjourn? I have a motion and I have a second.