Crossville Council calls special meeting Tuesday January 23 at 5:15 PM

Council Special Called Meeting January 23, 2018, at 5:15 PM

The Crossville City Council has a special called meeting set for Tuesday evening January 23 at 5:15 PM in Council Chambers at Crossville City Hall.  The agenda includes routine items, a grant possibility, and discussion of a citywide hotel/motel tax.

Crossville City Hall

Most of the items on the agenda are routine consent agenda items that the council has acted on before including second reading of an ordinance discouraging smoking at Garrison Park and the ordinance establishing a sports council.

Council will also consider authorizing the application for a $10,000 grant to US Bank for specialized playground equipment as part of the improvements to Garrison Park. The grant is used for musical play items for both developmentally challenged and general population youth. No match is required for this grant.

The main item causing the special call appears to be a discussion on a resolution to the Tennessee General Assembly requesting the state allow Crossville to impose a hotel/motel tax to be earmarked for economic development and tourism funding. The discussion is to be lead by Councilman Danny Wyatt. Currently, there is a county hotel/motel tax authorized here.  

Split City Council Approves Increase in number of council members from 5 to 7.

While a majority of the Crossville city council voted in favor of a resolution seeking a change in the city charter to add two additional council members, at least one additional vote will be needed for final approval of such a change.

The proposal was brought up by council member Pamala Harris who said she felt the change could give the council a different dynamic. Harris added that it could give more people a chance to be represented as well as giving more women a chance to serve on the council.

Crossville city council members L-R J.H. Graham, Danny Wyatt

Mayor James Mayberry, Pamala Harris and Scot Shanks

Harris' motion was for the city attorney and city manager to draft a resolution to be submitted to the Tennessee State Legislature through the elected representatives that would change the city charter to have the council be made up of the mayor and 6 council members. Harris is also hoping to make the change effective for the 2018 election. To stagger the terms, one new council member would be elected to a 4-year term and the other new council member would be elected to a 2-year term.

Because the deadline for submittal is short, the resolution would not come back to the council before being submitted to the legislature but following approval by the legislature, it would require a 2/3 majority approval by the council before going into effect.

The motion was supported by Mayor James Mayberry.

Council member Danny Wyatt asked if anyone had checked with the election commission to see if they could handle the timeline for adding the new items to the November ballot. City attorney Will Ridley said he felt such measures usually made it through the legislature quickly and he felt there would be adequate time.

Wyatt continued saying he did not see the need for the change and listed some research on the number of citizens represented per council member in other cities including Memphis at 1-46,000, Knoxville 1-17,800, and Crossville is 1 to 2100. “As I said in the work session, the only way I'd support this is by referendum and let the public vote on it.”

Council member J.H. Graham said he had been ill and unable to take the proposal to his constituents or other city officials and former city officials he knows from around the state. Graham suggested the council consider tabling the proposal to form a charter committee.

Harris addressed the issue again saying she felt the change could give a broader representation for our city and the opportunity for more women to serve on the council. “I feel strongly about it,” added Harris. She said she had received a number of text messages and communications from people who liked the idea.

“I feel like it would change the dynamic of our council as far as our representation and our voting. That comment brought a question from Mr. Wyatt asking “What dynamics are you speaking of?”

Harris responded that both during her time on the council and before she would hear comments about “the same people and always a 3 to 2 vote.” She continued,”I just feel like that adding members would probably minimize that dynamic.”

Wyatt asked how hard it would be to find out how many 3 to 2 votes had been in the minutes for the past 2 years? City manager Greg Wood said it could be done but they might need to hire an intern to do it.

The motion passed with 3 yes votes from Harris, Mayberry and council member Scot Shanks. Council members Wyatt and Graham were opposed.

At least one additional vote will be needed to approve the change once the legislature approves the resolution.

Crossville Council OKs Garrison Park budget amendment with some members still opposed to grant

The Crossville city council finally approved the third and final reading of a budget amendment needed to approve payment for work already done and paid for as part of the Garrison Park redevelopment project. One council member opposed the measure based on the project requiring that the fence around the park be removed.

The council started second guessing the project after discovering details that had been previously provided to them in agenda materials including that the fence around the park would be removed. The other controversy in the project is the removal of the grandstand built in the late 1940s that is in disrepair and unable to meet ADA requirements for handicapped access.

Prior to the July council meeting, members review the

Garrison Park concept plan.  L-R Pamala Harris,

Mayor James Mayberry, J.H. Graham, city manager Greg Wood

and Scot Shanks.

At this point, the council has approved acceptance of the grant contract from the State of Tennessee for $500,000 in a 50/50 match and has approved contracts with the engineering firm designing the project and the grant administrator in previous actions.

Council discussion on Garrison budget amendment

Some council members then looked at the details of the work and have appeared to want to slow the process until some changes can be made or abandon it all together. The state has told the city the grant agreement requires them do do certain things in order to complete the grant including the removal of the fence and grandstand. The state said that the fence could be put back up completely or partially if the city wants to. According to city manager Greg Wood, the current model for public parks is to have open un-fenced access to the amenities.

The project also includes a splash pad, a playground, new basketball court and restroom facilities at the park.

Councilman J. H. Graham moved to approve the budget amendment at the amount paid for the work and was seconded by Mayor James Mayberry.

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Councilman Danny Wyatt said he would not support the matter “because we've learned a lot of things over the last month or two.” Wyatt complained about having to tear down the chain link fence adding, “The taxpayers paid for this fence and it's in good shape.”

Mr. Graham commented that he only intended for the bills already paid to be covered under the budget and he was “not supporting any contracts or accepting the grant or anything else.”

After some confusion expressed by councilwoman Pamala Harris, city clerk Sally Oglesby explained to the the council that the grant had been accepted and the contracts approved months ago.

Prior to the vote being taken, Mayor Mayberry clarified once more that the vote was strictly on the budget amendment to cover expenses already paid for the previous fiscal year. The motion passed with three aye votes from Graham, Mayberry and councilman Scot Shanks. Council members Wyatt and Harris voted no.  

City council continues to drag feet on Garrison Park re-development project.

While the city's Garrison Park redevelopment project has a signed grant contract with the state, engineers and a grant consultant and work is progressing on design and engineering work, council's action at last weeks called meeting put off passing the third and final reading on a budget amendment funding work that has taken place during the last part of the 2016-17 fiscal year.

So far the council has not canceled the project, the work or the grant but only tabled the approval of a budget amendment pending additional information.

City council called meeting-sitting at table L-R 

Danny Wyatt, Pamala Harris, Mayor James Mayberry

and J. H. Graham

The discussion mainly concerned the fence that is currently surrounding the park that the grant application indicated would be removed. The LPRF (Local Parks and Recreation Fund) has said the fence can be replaced but are holding a position that the current must be removed as it was part of the grant application they approved.

During discussion, councilman J. H. Graham said that his phone calls over the previous two weeks indicated that if the fence had to be removed and field A was lost that his constituents were in favor of discontinuing the renovations until coming up with a better solution. He added that finding a ball park was difficult in the city of Crossville.

Concept for Garrison Park re-development plan

Garrison Park entrance and fence

City manager Greg Wood said that the city would have the use of the ball fields that belong to the local school system at the two high schools if they were needed. It was also clarified that field A was not being removed and was not part of the current grant or renovation plan.

The fence remains the main sticking point as Graham said “I have a real problem with taking down a perfectly good fence and building it back.”

Councilman Danny Wyatt said that there was 4000 feet of chain link in the park that he said was “somewhere in the neighborhood of $100,000. “I'd like for a good level headed person to tell me why you would take a perfectly good fence down and create a safety concern,” commented Wyatt.

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Manager Wood explained that the current trend in parks is to have open access and not have fences all the way around them to encourage access to the park from all sides.

Wyatt said, “I'd like to make a motion to table this until someone can tell us why we have to take the fence down.

Questions arose on the fact that the city has already signed contracts for work done by the engineering firm Lose and Associates and Community Partners for grant administration. City attorney Will Ridley said that the city would have to pay for work that has already been done by the firms if the city were to back out of those contracts.

Questions about whether backing out of the grant would cause the city to be ineligible for additional such recreation grants was also discussed but manager Woods planned to meet with representatives of the city of Livingston for additional clarification on some of the issues since they just completed a similar grant. 

Councilwoman Pamala Harris indicated that the comments that they city could not get another grant didn't make sense to her since grants are usually awarded on a point system.  Said Wood, “If you don't close out one grant then it may be that you are not eligible to get another one.”

Wyatt's motion was approved with 4 votes in favor.

A motion to approve the year end budget amendments was approved by the council with little discussion and a unanimous vote of the council members present. Councilman Scot Shanks was out of town for the meeting.  

Crossville council approves changes to Airport FBO's contract.

Crossville city council approved changes to the contract between the city and Crossville Aero, the fixed base operator of the Crossville airport.

The contract changes brought up some discussion by council members and caught Crossville Aero's Chris Bennett off guard as he was unaware the item was on the council agenda though he was at the meeting.

Crossville Airport building

The item was originally under the council's consent agenda but was pulled out for separate discussion and action by councilwoman Pamala Harris. Ms. Harris asked city attorney Will Ridley if he was given an opportunity to review the agreement? Mr. Ridley said he saw it when the council did as part of the previous weeks work session but said he did not have a hand in drafting the document.

Council discusses airport contract changes

Harris said she felt that anytime an agreement of that nature the city attorney should be involved in drafting it. In addition Harris added that she would like the administration to share the document with the attorney.

Harris asked Ridley if he was OK with the agreement and Ridley said he was.

Crossville city manager Greg wood, left, and 

city council members

Mayor James Mayberry moved to approve the item and a second was given by councilman Danny Wyatt. Mayberry asked if the new city manager Greg Wood had negotiated the items of the agreement and Wood said that the agreement memorializes the agreements that had previously been made. Those agreements included an increase in the flow fee for fuel sales from 5 to 10 cents per gallon and an additional $200 a month rental fee for the use of the new hanger and paying for the hanger's utilities.

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Councilman Wyatt asked Mr. Bennett if he was good with the changes? Bennett said he was fine but had not seen the agreement and did not know it was on the agenda. Bennett added that he knew the changes had been talked about so they were not a surprise to him.

Wyatt added that he agreed with Ms. Harris that the city attorney should review the documents. Manager Wood said he had been educated on the issue and would see to it in the future,

The council voted unanimously to approve the contract amendment.

City Attorney finds Ouster Complaint allegations do not rise to level to warrant investigation

 A letter from Crossville city attorney Will RIdley has been received by city manager Greg Wood concerning the ouster complaint document filed by Cumberland County resident Steve Frank late last month.

Ridley's letter states that he has "reviewed the complaint, exhibits and conducted a preliminary investigation into the matters asserted.  I do not find that the conduct complained of meets the requirements set out in the statute.  Therefore I decline to conduct a formal investigation or to start a proceeding for general ouster."

Ridley cites the wording from the Tennessee Code Annotated section 8-47-101 saying in his letter, "The grounds for ouster are very specific and set out in tennessee law as follows:
who shall knowingly or willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state, or who shall in any public place be in a state of intoxication produced by strong drink voluntarily taken, or who shall engage in any form of illegal gambling, or who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such office and shall be ousted from such office in the manner hereinafter provided."

Ridley's letter adds that "complaints lodged against the marketing director are adminstrative and outside the scope of his job as city attorney."

Crossville city attorney

Will Ridley

Ouster Complaint filed against City Council members Harris and Wyatt and marketing director Billy Loggins

A Cumberland County man has filed a complaint with the city that accuses two Crossville city council members and a city employee of “wrongful and unethical actions.”  These are the same two council members who survived an attempt to have them recalled last year. 

This is not the first time Mr. Loggins city communications have made headlines.  Loggins was reprimanded last year following the release of instant messages he had with the secretary at he Parks and Recreation department that came out following a personnel board complaint filed by Parks and Recreation director Tammie French.  The recreation department secretary was fired.

The complainant Steve Frank calls the paper a “written complaint for ouster investigation.” Frank accuses council members Pamala Harris and Danny Wyatt along with Crossville marketing manager Billy Loggins as being “in direct violation of the city charter” and “serious breach of their offices.” In addition to the ouster investigation, Mr. Frank is seeking an administrative termination of Mr. Loggins.

Crossville Marketing Director

Billy Loggins

City Council member Pamala Harris

City council member Danny Wyatt

After the city received the complaint it was forwarded on to city attorney Will Ridley who acts as the ethics officer for the city.

Included in the allegations are that Ms. Harris and Mr. Wyatt are communicating via Mr. Loggins in violation of the open meetings law by using Mr. Loggins as go between. Frank's complaint includes numerous pages of emails as examples of the communication that came from Mr. Loggins computer and are therefore public record.  Mr. Loggins and Ms. Harris have a personal relationship that was discussed by Ms. Harris in a council meeting last year. 

One series of emails is over a proposed meeting with Ficosa at the time they were planning to move their operation to Cookeville. Loggins was trying to set up a meeting but was rebuffed by Ficosa.

Loggins sent his exchange with Ficosa to Harris

From: Billy Loggins [mailto:billy.loggins@crossvilletn.gov]

Sent: Wednesday, April 22, 2015 6:26 AM

To: Pamala Harris

Subject: FW: Ficosa America

Do not forward

From: fzicard@ficosa.com [mailto:fzicard@ficosa.com]

Sent: Tuesday, April 21, 2015 6:50 PM

To: billy.loggins@crossvilletn.gov

Subject: Re: Ficosa America

Billy Given the most recent initiative by the Crossville group it is inappropriate for me to schedule a meeting at this time. Best regards.....Fred

Sent from my iPhone On Apr 21, 2015, at 8:27 AM, FREDERICK JAMES ZICARD wrote: I will propose a day next week as soon as j can

Sent from my iPhone On Apr 20, 2015, at 4:02 PM, billy.loggins@crossvilletn.gov wrote: Please schedule to meet with us again asap just let me know what works for your schedule.

Harris responded she had tried to get in contact with Wyatt with no luck.

From: Pamala Harris [mailto:PHarris@wittfinancialgroup.com]

Sent: Wednesday, April 22, 2015 8:26 AM

To: Billy Loggins

Subject: RE: Ficosa America

I called Danny, but no answer or call back. Have you talked to him yet?

Pamala Harris

93 Hwy. 70 East, Suite 1

Crossville, TN 38555

931-484-4911 office 931-484-6787 fax

www.wittfinancialgroup.com

https://www.facebook.com/wittfinancialgroup?ref=hl

Loggins responded to Harris that he had talked to Wyatt and Harris emailed back “What did he say?” Loggins emailed for Harris to call him and Harris responded “As soon as I can.”

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In another series of emails from January 2015, Loggins has written a welcome letter on behalf of Crossville Mayor James Mayberry that was for the city's annual sustainability fair. Loggins sends the draft to Ms. Harris asking “Does this sound better for 5th grade students?”

Harris responds, “I made a couple of grammatical corrections, but super!”

According the the complaint submitted by Frank, he had checked with Mayor Mayberry who said he knew nothing of the letter written in his name.

Frank accuses Loggins and Harris of undermining Mayor Mayberry's efforts to get sponsors for the golf tournament's sponsored by the city to help defray the costs. In an email exchange Loggins suggests to Harris that perhaps the city could “get a sponsor for the salt we have been using on the streets??” Ms. Harris responds by emailing back, “Or maybe a sponsor for all the copy paper we print out reports on for Pete!!!!!” Pete would be former city councilman Pete Souza.

Loggins also had emails with a representative of PGA, Matt Phipps and Fairfield Glade's golf director Jeff Houston about golf sponsorship funding being in question in 2016. Loggins was suggesting that representatives from the PGA attend the meeting to lobby the council in favor of the funding but also advised them to “Please keep my name out of it.”

Additional emails cited by Mr. Frank include email communications between Loggins and Cody Howell, a representative of the Buxton Company what had done some consulting with the city and was seeking the contract to help the city with a project of recruiting retail and restaurants to the city. The Buxton representative asked if Loggins was an “advocate in Buxton's favor?” Loggins responded that the fact that the Chamber was asking the Buxton representative to speak to the Leadership Cumberland Program while pushing for another firm to work with the city was “very strange.” Loggins added that he would not email his thoughts, “but call me sometime.” The string of emails was then sent to Ms. Harris and described by Mr. Loggins as “unreal to say the least.”

Additional emails shown in the complaint by Frank appear to show Mr. Loggins was using his city computer to handle his private business of golf equipment sales.  

It is unclear how the city will handle the complaint filed by Mr. Frank. He complains that any council member would get to vote on the sanctions, if any, on their own actions under the city's charter.

At this point, the matter seems to be in the hands of the city attorney. 

Council approves moving forward with Garrison Park plans and Centennial Park splash pad.

“I don't know why we wait til the very end on projects and decide to not do them,” commented Crossville Mayor James Mayberry during a discussion of the next steps on the redevelopment of Garrison Park.

“We've already executed the contract,” pointed out Mayberry after councilman Danny Wyatt sought to delay the project with a motion for the city attorney to review the contract and report back to the council at their next meeting. Councilman J. H. Graham seconded Wyatt's motiuon for the purposes of discussion.

Council discussing Garrison Park. L-R J.H. Graham,

Danny Wyatt, Mayor James Mayberry and Scot Shanks

City manager Greg Wood advised the council that the things in the grant would have to be done but there was some flexibility on matters of sidewalks and fencing.

Mayberry stated, “I've got it on pretty good authority they will use common sense in our disucssion request on the fence” and the city has sent a letter in reference to that.

Wyatt said his questions came up “because we wasn't told all this on the front end.” Mayberry said that the city could keep Field A at Garrison Park because the planned “multi-use field” is part of phase 2 of the plan and currently the funding and plans were only for Phase 1.

The motion failed in a tie vote with Wyatt and Graham voting in favor and Mayberry and councilman Scot Shanks opposed.

Council discussion on Garrison Park and

Centennial splash pad.

Mayor Mayberry moved that the city approve the contracts with Community Development Partners, the grant administrator and Lose and Associates, the engineer firm to design the work. Mayberry's motion also included first reading of a necessary budget amendment. Mr. Shanks gave a second for the motion.

With no further discussion, the vote included yes votes from Mayberry and Shanks. Wyatt voted no and Graham abstained. With councilwoman Pamala Harris not yet at the meeting and the abstention counted with the yes votes, the motion was approved.

Council moved then moved to discussion of the addition of a splash pad at Centennial Park to match the one planned for Garrison. Mr. Wyatt moved that the city put out a request for proposals for the design and construction of a splash pad.

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Discussion revealed that the council had previously requested Hart Freeland Roberts to prepare a design for such an installation but no contact was ever brought back to the the city. Manager Wood has recommended that the previous action be rescinded and a new request be circulated. Mr Wyatt amended his motion to rescind the previous action.

Manager Wood suggested the city might be able to have to the two splash pads done together and be able to save some money on the work.

Wyatt's motion passed unanimously with yes votes from all four council memebers present. Ms. Harris arrived at the meeting following these actions.  

Garrison Park action delayed until city knows about keeping fence and Field "A"

The tug of war between the new and the past continues to lead to discussion by the Crossville city council and still no decision made yet on the redevelopment of Crossville's Garrison Park on Fourth Street.

The council put off a decision on approving contracts with the grant administrator and engineer until they find out about the possibility of maintaining the current fence around a portion of the park and the long time ball field known as Field A. The grandstand structure is to be removed unless the city refuses to accept the $500,000 grant from the Local Parks and Recreation Fund and turning down the grant could negatively effect the ability of the city to get any future money through that grant program.

Garrison Park as it looks today

Garrison Park brief history and photos

Tentative plan for the redeveloped park

The plan to redevelop Garrison Park was originally part of the city recreation master plan developed by Lose and Associates during 2014 and the mater plan was required to be eligible to apply for the grant funds. The grant to Crossville was announced in August 2016 and and the grant requires a 50 percent match. The grant included a splash pad, redoing the basketball court, new restrooms, walking trails, a playground and removing the old grandstand structure as phase 1 of the project.

Crossville resident Vancienetta Wisdom has spoken against removing the grandstand several times and addressed the council during public comment at the start of the May council meeting. She said, “Garrison Park is as much a part of Crossville's history as the Palace Theatre, the depot and the old Cumberland County high school building.” Mrs. Wisdom asked the council to consider keeping A field and using B field for the planned improvements.

City Manager and council discuss Garrison Park improvements

Crossville mayor James Mayberry moved to approve the contracts involved in the project and approve the necessary funds for the current fiscal year, expected to be $25,000. When asked by councilman J. H. Graham to be specific about the parts of the project, Mayberry said that he did not find anything in the documentation that said the fence had to be removed or that anything had to be done to the “A” baseball field. The grant does specifically address the grandstand and it is to be removed as part of the first phase of the redevelopment.

Mayberry's motion was seconded by councilwoman Pamala Harris.

Councilman Danny Wyatt said that an email from city clerk Sally Oglesby indicated the fence and field A had to be removed. City manager Greg Wood said that he would fight to keep the fence based on the amount of traffic on Fourth Street and that it was needed to protect the children. Wyatt said, “I want to know this before I support this.”

Ms. Harris asked Mayor Mayberry if he would accept an amendment that the action was contingent on the keeping of the fence and field A and he agreed to the change in language.

Ms. Harris said that she understood that the topic was emotional to a lot of residents and it was tough to cope with change. She continued that if the fence and field A could be kept that the other improvements would be nice for the park and the community.

Mr. Wyatt again asked about the approving the contracts and a budget amendment before knowing the specifics. City attorney Will Ridley told the council that with the amendment the mayor would not be authorized to sign the agreement without knowing about the two items. After additional brief discussion the motion was deferred, or as Mayor Mayberry said “kicked down the road” until a tentatively special called meeting in the next two weeks.   

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Crossville council remains stymied over sidewalks, votes to request TDOT pave Main St.

Crossville city council could not come to a consensus on downtown sidewalks again, leaving the project where it stood from a motion last July to do piecemeal repairs as the street department can get to it. 

A motion to follow a recommendation from city manager Greg Wood and engineer Tim Begley received 3 votes but failed as changing a previous action it required 4 votes to pass.  That recommendation was to bring all the corners downtown up to ADA standards and install new LED street lights including conduit.  Because the plan would include some "bump outs" into side streets and a few in Main St. that project would have to be done prior to TDOT paving the road through downtown. 

City engineer Tim Begley, standing, explains the

sidewalk plan to members of the city council.

Manager Wood said he hoped he was working on an objective that the council can all agree on.  Wood explained that for the last week he, Tim Begley and Kevin Dean had been working on "What will it take to get everything prepared to get the corners to ADA standards so that we can go ahead and get TDOT to get 127 paved."  For that plan to work, the city would have to do all of the corners, run the conduit and because in several places the existing street lights interfere with the proposed plan, installing the new LED street lights is included in the plan with street light material expected to cost $270,000.  

Looking over plans that did not pass.

The total project would cost about $1 million and according to Wood "would get this thing off of dead center."  Additional work on sidewalks that need repair between the corners could be done after the paving as well as paving work on the side streets that need paved due to the water line work done last year. 

Mr. Begley went over design items with council including bump outs into Main Street and side roads in order to make the ramps compliant.  The bump outs seemed to confuse some of the council.  WHen asked about the staff to allow the city to do the work, Mr. Wood said that the two part-time positions approved by council for the street department would have to be full time.  Wood said the city was not getting applicants for the part-time positions anyway.  

Mr. Begley, center, discusses plans with council members 

Wyatt, left and Harris, right.

Wood continued that once the current light poles were removed, they would be adapted and used to replace wooding light poles at Warner Park that have been attacked by woodpeckers.  Mr. Begley also said that the city would do the curb and gutter around any new bump outs that were built. 

"It's not going to be Nirvana but it's going to get us down the road and get the road paved," quipped Wood. 

The matter of budgets came up next with councilman Danny Wyatt asking about the 2017-18 budget.  Wood explained that $800,000 would be budgeted for the coming year and the balance in the following budget year.  A question from Mayor James Mayberry drew clarification for Wood that that was the cost of materials and the work would be done by city crews but that costs was not part of the estimated costs.  Mayberry also asked about the timeline and the discussion began to break down.  

The length of time to complete the work was not something anyone could estimate precisely.  Council spent some time discussing the project and other work that the street department has to do.  

Mayor Mayberry said that the recent report on Crossville from the Austin Group on how site locating companies look at the area and the report specifically said that the downtown area is vita to the impression companies get of Crossville.  Mayberry also shared a survey of 450 people by the Chamber, a high percentage who felt downtown revitalization was important.  

Cracked and worn downtown sidewalks and a

problem streetlight base near a corner. 

Councilwoman Pamala Harris asked Mayberry how many of them were in favor of a tax increase saying the original plan for sidewalks could have meant a 9 or 10 cent tax increase.  Harris talked about her own survey and was interrupted by Mayberry.

Is that how you got the answers to your survey?  Telling people it would be a 9 or 10 cent tax increase? Harris said "That's what it would be." Mayberry said, "That's what I thought."  Mr. Wyatt said it could even be higher.  "I've got three businesses (car washes) without sidewalks.   I'd love to have sidewalks in front of them."  Wyatt suggested a way to settle the matter was with a referendum.  

Mayberry responded, "How long have we been talking about this?  How long do you want to kick this down the road?  Vote your conscience people, that's all that I can say."

Councilman J. H. Graham moved that the recommendation as discussed be approved.  Ms. Harris supported the motion.  Because the action superseded another previous action by the council 4 votes would be required for the motion to pass.  Voting in favor was Graham, Harris and Wyatt.  Councilman Scot Shanks and Mayor Mayberry voted no and the motion failed. 

As council tried to figure out their next move, councilman Wyatt moved that manager Wood contact TDOT and tell them to come pave Highway 127.  Sidewalks would then be dealt with after that.  Graham gave a second.  The motion was approved with Wyatt, Graham, Harris and Mayberry voted in favor and Shanks voted no.  

It is estimated that TDOT would not do that work until sometime in 2018.

Crossville city council rescinds contract to provide land for shooting park project

Following over 18 months in discussions and occasional action on a location for a proposed shooting sports park, the Crossville city council voted to rescind a sales contract it approved in February for a portion of the city tract of land off of Albert Frye Road.

The project has became controversial in the last few weeks as residents and property owners in the vicinity of the property became aware of what the proposal may mean to their use of their property and they expressed concern over possible property values.

Council initially agreed to essentially donate (sell for $1) 146 acres of the 217 acre site to the the nonprofit corporation that has been formed to operate the shooting sports park. The Tennessee Wildlife Resources Agency would fund the over $2 million for most of the construction costs. The group hopes to attract tournaments and other competitions that would bring in visitors from outside the area that would stay in local hotels and spend money here.

Council considers rescinding  contract on Albert Frye property

After numerous meetings since June of 2015, the council approved the sales contract on the land to the nonprofit at the February regular council meeting and residents near the property became aware of the project and the proposal. They organized and began to contact officials to find out more and circulate a petition opposed to the planned location.

The March regular council meeting attracted a crowd of project supporters and those seeking to have the project location moved. Council approved a motion requiring the nonprofit hold a public hearing with property owners and area residents after contacting them by mail. Before the group could get much done on that action, the council called a special called meeting barely within the 24 hours notification requirement to rescind the the February action.

Because both parties had signed the sales contract that said the property sale would close before April 1 there could be legal ramifications to arbitrarily ending the contract but the resolution rescinding the contract prepared by city attorney Will Ridley referenced section 3.2 of the contract that said, “Purchaser understands that seller is a government and can only purchase or sell land subject to the requirements of its charter and state law. The seller understands and agrees that the contract is subject to the successful completion of all requirements, including but not limited to, advertising the sale of property without public objection.” Councilman J. H. Graham read the resolution aloud at the meeting, “Whereas during the March work session and March city council meetings several members of the community spoke in opposition of the land transfer and have further submitted a petition in opposition and whereas public objection to the transfer has clearly been set forth.”

Council members L-R J. H. Graham, Danny WYatt, Mayor James Mayberry, 

Pamala Harris and Scot Shanks

Graham moved to approve the resolution to rescind approval of the contract receiving a second from councilman Danny Wyatt.

Councilman Scot Shanks asked how many property owners who have homes in the area were affected by the shooting sports park? Graham said that a petition by those opposed to the site was signed by 42 people. Graham said that a “clear majority” of property owners on Albert Frye Road were opposed to the location for the shooting sports park.

Shanks sought further clarification including a show of hands of who was present at the called meeting who lived on Albert Frye Road. Some 7 hands were raised. After some back and forth it was determined there were 5 homes in the immediate vicinity with another two near the end of the road.

Albert Frye Road residents identify themselves to council 

“I think the issue is noise, fear of the unknown,” said Shanks, “but has there been any kind of testing done to determine what the sound of these guns going off and how loud that's going to be?”

One audience member said that they could hear the other shooting range in their back yard and they are over a mile from that location.

Mayor Mayberry addressed the issue saying, “This discussion started June 11, 2015. There has been a total of 7 either work sessions or council meetings in reference to the shooting park. The members of the shooting park board, TWRA, US Fish and Wildlife services, State Senator Paul Bailey, Crossville city employees all have dedicated many hours in advancing to the point we are now and where construction could begin. All the environmental studies and surveys have been approved and secured a highly sought after grant.”

Mayberry continued, “For years this community has complained that there is nothing for our youth to do.” Mayberry listed several ball sports, tumbling and cheering but added there is a large group of kids that are interested in shooting sports. He talked about an email he got from a mother who said her son was unable to compete in other sports but he can shoot. “The city spends thousands of taxpayer dollars to promote our community for tourism. We wouldn't have to spend any on this facility's promotion. When competitions are held here the local hotels, restaurants and campgrounds will benefit greatly but the main thing I want to emphasize is the positive effect this will have on our youth and families. You can't put a price on that.”

Mayberry pointed out that the property location is right by the Interstate and there is noise from it 24/7. He added that he had gotten a copy of an email from someone at Deer Creek who wanted the city to come up with a noise ordinance to quiet down I-40. That comment got a chuckle from the audience.

“As far as I'm concerned, I feel we have a valid contract that needs to be honored. It really bothers me that this council will vote to approve and agenda item and expend employee's time and effort and taxpayer's dollars on a project and possible even receive a grant to later decide to abandon it,” concluded Mayberry.

Ms. Harris said the situation was not good and that it was not an easy position for the council to be sitting in. Harris said she had weighed the issue seriously over the past week adding, “I want this community to have a shooting park. I think it is a wonderful thing for this community to have.”

Harris continued, “The whole thing, in my opinion, was handled somewhat poorly from the front end. None of us did our due diligence and homework as well as we should have and that includes the nonprofit and the city. We all have to take responsibility for that. There should have been a public hearing and an opportunity for people to speak out.”

Councilman Wyatt made a short comment saying, “We don't have zoning in the city or county. That's a bad word around here. It would make it simple if we did (have zoning.)

Councilman Graham called for the question and when the vote on rescidning the contract was taken, council members Graham, Wyatt and Harris voted in favor and Mr. Shanks and Mayor Maybery were opposed with the majority approving the resolution to rescind the contract.

Following the meeting, Crossville shooting Park, Inc board member James Wattenbarger described the council's action as “a big loss for the kids.” He added that the loss of the over $2 million grant would be a big financial loss and there was an unknown economic impact if the project is lost. When asked what was the next step, Wattenbarger said he didn't know yet.          

March council shooting park discussion

March council work session

Shooting Park Story from June 2015

December meeting on Shooting Park

February approval by council of contract for shooting park

Carey discusses shooting park with council in July 2016

Crowd of supporters and those concerned about shooting sports park turn out for city council meeting

There was a standing room only crowd at the March Crossville city council meeting in expectation of a discussion of the property transfer for the Shooting Sports Park to be located between I-40 and Albert Frye Road.

The controversy is over the city's approval last month of selling part of the acreage that the city bought over 20 years ago for use as a landfill to a non-profit organization hoping to operate a shooting sports park at the location. Some of the residents and property owners in the area were not aware of the project until recently and are concerned about the noise that the shooting will generate and the possible effect on their property values.

A large crowd attended Crossville city council meeting as they

discuss concerns by residents near the property proposed for

a shooting sports park.  Here Harold Stryker speaks on behalf

of property owners in the area of the Albert Frye Rd. property. 

There was also a large contingent of supporters of the project including young people who participate in shooting sports for several local organizations and so,me of their parents. A number of members of the board of the newly formed non-profit group and they also spoke to the council.

Public comments on the topic of the shooting sports park.

After some 45 minutes of public comments and discussion of the matter the city council approved a motion to ask the non-profit group to hold a public meeting with the property owners and area residents to share information about their plans and the operation and how it might affect the area.

The motion did not make any changes to the sales contract that calls for a closing on the sale by April 1, 2017 and likely to take place before the meeting can be held. The biggest issue seems to be that there was no notice to those in the area about what was planned for the property.

Local businessman Harold Stryker spoke first on behalf of the concerned property owners who shared petitions with the council. Said Stryker, “I want to make it very clear. We are not opposed to a shooting park.” He said their concern was the location and the effect on neighboring properties. He said he understood there could be as many as 10,000 shots filed in a single day. According to Styker, a home he and his son own is estimated to be only 600 feet from one of the proposed shooting stations.

Stryker concluded asking that the council reconsider the action on the property.

One of the members of the non-profit board, James Wattenbarger spoke saying that he had looked at a lot of locations for the park and he was not aware of an available location that would impact less citizens then the Albert Frye Rd. location. He added that some locations that had been studied would increase traffic through residential areas. Wattenbarger explained they were looking and making some changes to the plans in order to control noise from the park.

Greg Cantrell identified himself as the trustee for the Frank Brown Family trust. The trust owns between 400 and 500 acres from the Bean Pot to Albert Frye Rd. Cantrell said the trust was interested in economic development, great healthcare and education. He said that the family had donated the land for Brown Elementary School.

Cantrell said his concerns were that until last night neither he nor other family members knew anything about the project and they are very nearby property owners. In addition, he said the family had a vision for many years of what the corridor might become. Development of the family trust property could be an 80 to 100 bed assisted living facility that would be an $8 to $10 million investment that may not be compatible with a shooting park. “I'm asking you to slow down this process if you can and let us work with you as a significant property owner.

Valorie Cox is a member of the non-profit board and presented a petition with over 382 signatures in favor of the shooting park. Cox explained that in the region there were 25 counties that sought the park location and Cumberland County was selected. She said one event with 300 shooters would bring at least some 600 visitors to the county and at a spending of just $50 per person they could leave $30,000 in the county.

Following the public comments the council quickly agreed to move the item concerning the shooting park up on the agenda and began to discuss the topic.

City Council discussion on shooting sports park 

Councilman J. H. Graham moved that “the city requires the non-profit organization to have a public hearing where the property owners are identified and asked to come to a meeting within the next 30 to 60 days to identify the pros and cons of the shooting range.” Graham's motion was supported by councilman Danny Wyatt.

Mayor James Mayberry asked how the motion would affect the city's current sales contract that says the sale will be closed by April 1? City attorney Will Ridley explained that any extension of the contract would have to be agreed to by both parties.

Councilwoman Pamala Harris said she felt the park would be a good thing for the community. “I just want to be fair to all of the parties involved,” added Harris. She said the council won't make everyone happy no matter what they do but perhaps not enough due diligence was done on the deal.

Wyatt said that until the end of the year he thought the project was a joint city county project. He apologized saying he should have done more homework. “I think these people need to be given the opportunity to speak and ask questions and it should have been done a year ago,” said Wyatt.

Crossville attorney Randall Boston addressed the council. He said he was speaking as a member of the non-profit board and not as an attorney or as the county attorney. Boston said the he and a man named Kenneth Carey and not mayor Kenneth Carey and several others had worked on the project for quite some time. “I stand here before you to say that we have a contract and time is of the essence,” Boston continued, “and there is no law that says we have to notify anyone or put up a sign.” He added that the conversations have been going on since the middle of 2015 and well documented stories by local media sources. Boston pointed out that drag strips and race tracks and airports all make noise.

The vote on the motion included 4 votes in favor from Graham, Wyatt, Harris and Scot Shanks. Mayor Mayberry voted no after seeking clarification that the proposed public meeting would not affect the contract.

Following the vote, J. H. Graham requested a 5 minute recess that was approved by Mayor Mayberry.     

Crossville council OKs agreement on new corporate hanger at airport

The Crossville city council approved a plan discussed during the council's earlier work session on how to handle operation of the new corporate hanger at the Crossville Memorial Airport.

The new hanger is now complete and council also approved the final change order on the construction that reduced the cost of the total project by $13,296. The total cost of the hanger is around $1 million and with a grant, the city's portion of the cost was 5 percent or around $50,000.

Crossville Memorial Airport

There was a short discussion at the work session on the operation of the hanger. The city does not yet know what the average utilities cost will be for the operation nor what kind of demand the hanger will generate and rental revenue. The discussion from airport manager Chris Bennett of Crossville Areo included some typical rental charges for use of hangers at other airports in the area that Bennett researched.

Word for word: Airport hanger discussion

The discussion turned to allowing Bennett to rent the entire hanger from the city allowing him to operate the facility, paying for the utilities and a monthly rental charge while allowing Bennett to keep any fees generated by the use of the hanger.

At the regular meeting, Mayor James Mayberry explained that the city would accept $200 a month rent from Bennett for the use of the hanger. Mayberry moved to approve the agreement that would be amended to the rental agreement the city already has with the fixed base operator.

The motion was supported by councilman Danny Wyatt and with no further discussion, the motion was unanimously approved by all four council members present. Councilman J. H. Graham was unable to attend the meeting.  

EXCLUSIVE: City marketing director Billy Loggins questioned on emails, describes recent news reports as bad publicity for city

Even though his name was part of some of the recent bad news reports reflecting on the city, Crossville marketing director Billy Loggins said he felt that those news reports could have harmed the reputation of the City of Crossville.

Crossville Marketing Director Billy Loggins

Loggins made those comments Tuesday morning in an interview where he was asked about some unusual emails that were part of those requested in connection with the recent personnel complaint that included intercity instant messages and emails between some of the parties involved.

Personnel board story

In a review of the emails between former interim city manager Steve Hill and Mr. Loggins several troubling discoveries were made including an email from Hill to Loggins in July 2016 that had an image of Mayor James Mayberry with the wording underneath saying, “Mayor Methberry is he high or just incompetent or both.” According to Loggins the email came from a council member to Mr. Hill who forwarded it on to Mr. Loggins' city email. The email was not sent from Hill's city email but a personal Gmail account identified as Mr. Hill's.

Image attached to email from Steve Hill to Billy Loggins in July 2016

Similar to ugly signs put out after November city election

Link to photo of anonymous sign put up following city election. 

Loggins stated that at the time he verbally said that he thought the image could create bad publicity for the city. He added, “To be honest Jim, some of what you're doing is bad publicity for the city.” Loggins continued, “You know those emails were absolutely ridiculous. And if anybody thinks they can make some mileage over those, well good luck to them.”

Loggins also complained about the council meeting Monday that lead to the removal of Steve Hill as interim city manager saying, “Why didn't they just go to Steve privately and just say 'Steve, come on, why don't you just go on now.' Why just keep the circus in town? I don't get it.”

Loggins addressed the move of the Palace Theatre to marketing and that it was a big topic of discussion at the personnel board meeting, “but that's exactly where it needs to be. No questions about it.” Loggins was asked if he would feel unhappy if some of his responsibilities were removed from his control without ever speaking to him about it prior to such action and he agreed that he would.

Loggins added that if there had been a marketing department at the time the city took over the Palace that it should have gone there. In addition, Loggins stated that there was no additional money involved to him in the move and that he sponsors events at the Palace all the time.

One email that was from Loggins to Steve Hill included an attachment that appeared to be a proof of a proposed billboard created by Flynn Signs Co. The billboard only listed three of the 5 city council members stating that “City Council Members Jesse Kerley, Pamala Harris, Danny Wyatt Proudly supports FFG (Fairfield Glade) Community & state golf championships.”

Sign proof that includes only three memebers of city council

Loggins was asked why there were only three members listed on the sign and what was the plan to use the sign? He said one of the council members, and he said he couldn't remember who, wanted something put up after one of the votes concerning funding of golf tournaments and that council member planned to pay for it. “Nothing ever came out of it,” according to Loggins.

The third email in question set up a meeting between several people involved in recognizing the late Boyd Wyatt with an award in his name at the Crossville airport. During the airport fly-in in September 2016 when the award was presented, then candidate for council J. H. Graham III acted as the emcee for the program.

The email set up a meeting at a local coffee shop that included consultant Don Napier, interim city manager Steve Hill, airport manager Chris Bennett, councilman Danny Wyatt, Loggins and Graham.

Loggins was asked how that came about. He said “It was just decided between several people that nobody knew Boyd any better then J. H. as he had worked with him for years.” He also said that Mr. Wyatt's widow Camilla Wyatt had sort of requested that. In addition according to Loggins Mayor Mayberry was aware of the plans and the award.