Crossville City Council holds their regular October meeting Tuesday, October 10 and will consider the purchase of two new fire trucks, one with a 107-foot ladder that fire officials say will reach all current Crossville buildings.
City hall is ready for fall.
The council's busy night starts at 5:00 PM with the audit committee meeting followed by a closed executive session at 5:30 PM and the regular council meeting begins at 6 PM in the council chambers at city hall. The only thing allowed in a closed executive session is for an attorney to provide information on lawsuits and council members can ask questions. Council members are not allowed to discuss or deliberate any action during a closed executive session.
The 2 Fire trucks the department would like to purchase include a pumper truck that would replace a 24-year-old truck that would be traded in for a $12,000 reduction of the cost of the deal. In addition, the proposed ladder truck would replace a 1994 ladder truck with a 75-foot reach. The older ladder truck would be put in reserve as a backup truck to be used as needed.
Council will also consider using a Texas-based cooperative that allows governments across the country access to purchasing through the Texas inter-local cooperation Act similar to the Tennessee state contract purchases. This buyers cooperative that will reduce the price of the fire apparatus by some 10 percent as the cooperative bid contracts almost 2 years ago and the purchase must be completed by the end of the month when the new prices go into effect. Those savings will allow the city to purchase the necessary additional material to fully equip the trucks within the amount saved.
The cost of the two trucks with the cooperative pricing comes to $1,605,172.54 with the addition of $162,047 for equipping the trucks the total cost is $1,779,249.54. The city will pay for the trucks and then finance the purchase over 10 years.
Also on the agenda is the appointment of two members of the Shooting Sports Park board. As part of the agreement for the city to provide land for the project, the board agreed to allow the city to appoint two members to the board. The city will consider the four names the city has received so far and vote on the appointments at the meeting.
The request by the West Cumberland Utility District to purchase water from the city in the future has been under discussion and councilman J. H. Graham will report to the council on the status of those discussions.
Crossville city council holds their October work session on Tuesday, October 3 at 5 PM in conference room 317 as they prepare for their regular October meeting.
The work session agenda includes discussion on items that may be on the regular agenda set for October 10.
Crossville City Hall decorated for Fall
Karen McMeekin of the group A Time 4 Paws will be presenting several proposals related to animal control including one to establish a community cat program, regulations on animal rescuing and an ordinance that would prohibit tethering of dogs for more than 2 hours per day and not at all between 7 PM and 7 AM.
Council will discuss appointments of members to the Shooting Sports Park board of directors based on the city's agreement with the group and the city's donation of property for the park's use. The city can appoint two members and Mayor James Mayberry is recommending those members to be James Petty and Glen McDonald.
Ground was broken on the Shooting Sports Park development recently and the project is moving forward.
After hearing a presentation from the Tennessee Municipal League on a self-funded health insurance program they sponsor, the council will discuss what the next steps are that they want to take.
Council will discuss a request from the Cumberland County Playhouse for the city to provide a permanent water tap near the playhouse's water feature and preparing a gravel overflow parking area to be used for buses and overflow parking during peak show times. In exchange, the playhouse would donate 80 parking bumpers to the city.
The Grandview Utility District board has voted to request a ten-year renewal of their water purchase contract with terms identical to the contract set to expire at the end of this year.
John Conrad will make a presentation to the council concerning a proposed Crossville Greenway project of walking trails around the city. Several trails are under construction and planned by the group known as Friends of the Trails.
Council will also hear an update on the Cumberland Homestead Tower sewer connection matter.
The sale of property for use by the nonprofit group Crossville Shooting Park, Inc. that was approved by the Crossville city council last Tuesday has taken place and the closing on the sale was held last Thursday.
The sale included 147.63 acres of property between Albert Frye Road and Interstate 40, part of a property the City of Crossville purchased and used 37 acres of for a landfill some 20 years ago.
The use of the property as a shooting sports park with funding from TWRA had been considered for over 18 months and turned controversial after neighboring property owners realized the project would affect their property. After the council initially approved the sale, they reversed that decision leading to additional meetings and a test shooting to see how loud the operation might be. Following that test, a portion of the property was restricted to archery and air gun use creating a buffer between the firearm shooting area and neighboring property.
The sale would revert to the city should funding for the park not be received by December 31, 2017 and could also revert if the park is not operated as a shooting park for 180 days once it starts operation. The city will have 2 member appointments to the organization's board and the police department will be allowed to use the facility for training and practice.
The Crossville city council reversed
its stance on selling property for use as a shooting sports park and
the controversial project is back moving forward following a special called meeting Tuesday evening.
Discussion on a proposed shooting
sports park first became public 20 months ago and was discussed at
city council meetings as the group trying to build the facility were
seeking property to locate the park on from the city.
Mayor James Mayberry addresses called meeting
That property was a portion of land
purchased over 20 years ago and used for a few years as a city run
landfill. After the landfill closed the land set quietly until this
project cropped up. The project was discussed, received support from
the previous council and occasionally came back for discussion as
funding was committed and new details emerged.
Things began moving at full speed late
last year with work on a contract to sell a portion of the city's
original property to a nonprofit group formed to operate the
facility. A sales contract was approved by council at their February
meeting and a small but vocal group of residents who lived near the
proposed location began to complain about who the proposed park could
effect their homes.
In March, the contract was rescinded by
the council at a special called meeting shortly before the sale was
to close under the original contract and additional meetings were
held along with a shooting demonstration at the property this past
Saturday. Sources say that additional work by new city manager Greg
Wood and changes to the contract by city attorney Will Ridley moved
the project back to council consideration.
Crossville city attorney WIll Ridley
explains contract changes.
One change that was made to the
original deal is that the remaining portion of the property along
Albert Frye Road that will only be used for quiet activities such as
air guns, archery and education programs. This will create a buffer
between the shooting park and the closest property beside the
shooting park.
The city had already planned to retain
an area along Albert Frye Road for possible future development and
possible industrial use. The city also retains the portion of the
property previously used as a landfill and other property along the
southern edge of the original property purchased by the city.
Video of full council meeting
The discussion opened at the special
called meeting Tuesday night and Mayor James Mayberry moved to
approve the new contract prepared by city attorney Will Ridley with
the changes. Mayberry's motion received a second from councilman
Scot Shanks.
Mr. Ridley explained about the changes
to the original agreement that restricted the use of the 13.86 acres
in the Northwest corner of the property bordered on the north by
Albert Frye Rd and on the east by private property that includes a
residential cabin.
Ridley said that the property would
revert to the city if funding is not secured by December 31, 2016 and
that funding must be state of federal money.
Other provisions include that the city
council will have the right to appoint two members of the Crossville
Shooting Park, Inc. board and the city will not charge for any
building or other permits required in the development of the project.
Councilman J. H. Graham said he and
some of the property owners in the area of the park had concerns
about the road into the site and the turn off from Peavine road and
felt the road should be brought up to standards of the Crossville
Regional Planning commission. Graham felt there should be a 50 foot
right of way and a 3 lane mouth on the end of the road.
Councilman J. H. Graham talks about Albert Frye Rd.
Mr. Ridley said the road was a county
road and and he didn't feel the city could force the county to make
such improvements.
In order to hear from shooting park
board representative James Wattenbarger the council had to approve a
motion to waive the rules against public comment as council member
Danny Wyatt had a question for him. The discussion included noise
abatement by putting rubber mulch into the walls separating the
shooting stations and while that was more expensive, it would help
with noise. When asked about the road, Wattenbarger said the road to
the Carroll Co. park was smaller and longer then Albert Frye.
Also discussed was night shooting and
Wattenbarger said generally shooting ranges operate to dusk and that
time varies with the calendar. He pointed out in summer that the
time of dusk was later. The facility will not be set up for night
shooting either.
Property owner Harold Stryker suggested
making the entrance to the range come off of Chestnut Hill Road
saying it was a better road and could handle more traffic but no
action was taken on that suggestion.
The vote on the motion to approve the
new contract was unanimous with a comment from Mr. Graham saying that
he was strongly opposed to approving a contract without road
improvements in it but added, I am for the shooting range and I vote
aye.”
Once again a special called meeting has been set to discuss and possibly take action on the proposed Shooting Sports Park on Albert Frye Rd.
The called meeting will be Tuesday at 4:45 PM immediately prior to The already scheduled monthly work session. The topic was also on the work session agenda set for 5 pm and could be on the council's regular April meeting as well.
A shooting demonstration was held Saturday morning on the property proposed to let those living near the site hear how loud the operation might be.
UPDATE: A new sales contract with a proposed closing date of April 10, 2017 has been released and included a restriction on use of property along Albert Frye Rd. That prohibits anything but archery or air guns next to the road. That appears to be the major change to the contract.
The April regular city council work
session set for April 4 and 5 PM will discuss several items that the
council has discussed before including once again the proposed
shooting sports park and rehiring previous city retirees.
Additional revisited topics include the
downtown Crossville sidewalk project, a splash pad for Centennial
Park and the solid waste contract.
One new item was requested for
discussion by councilman Danny Wyatt was forming a committee to
examine the possibility of changes to the city's charter. No
information was provided with the request from Mr. Wyatt about what
those possibly changes might be.
Following Saturday's noise
demonstration of firing weapons on the location of the proposed
shooting sports park for residents who live near the property,
council will discuss the sound issue. As it stands now, the shooting
park project is dead until either council reverses its decision to
rescind the sales agreement with the Crossville Shooting Park, Inc.
group that will operate the park or a new location and new grant is
secured for the project.
Albert Frye Rd. house on right. The edge of the proposed
shooting spots park property is trees on the left.
Albert Frye Rd. in front of city property. The city is keeping
40 acres on the right for future development and the
shooting park will be behind that.
This will be the third time council has
considered the repercussions and costs of rehiring former city
employees who took an early buyout two years ago but want to return
to work for the city. With the hiring back of former Crossville
police Chief David Beaty, the city discovered such employees must be
returned to the much more expensive state retirement program that the
city left because of those high costs. Council has been discussing a
policy that would allow a city manager to hire such an employee if
they felt such an employee was necessary. In addition, council is
looking at a way to offset the additional expense and how to look at
the 6 month salary bonus those employees received.
The city manager will update the
council on the downtown sidewalk project. The city expects to have
the final permit from Tennessee Department of Transportation (TDOT)
in a matter of days. Also council will discuss the replacement of
traffic signals at the bottom of Water Tank Hill.
Council has discussed the upcoming
action necessary on the city's solid waste collection contract and a
decision is needed soon of the contract will automatically renew.
Part of the discussion has been over the differentiation between
residential and commercial properties that has caused some issues.
Also, collection of leaves and brush has been another discussion
council is considering.
The city is continuing to pursue the
purchase of a jet fuel truck for the Crossville Memorial Airport.
The city is seeking a grant to pay for 75 percent of the cost leaving
the city to pay $8750 to acquire the $35,000 used truck.
Council will also discuss four
appointments to the Industrial Development Board as the terms of the
four members appointed by the council are expiring.
Tuesday's work session on the proposed
Crossville shooting sports park gave many the opportunity to speak on
the matter including those with the state funding agency Tennessee
Wildlife Resources Agency (TWRA) and those who both support and
oppose the proposed location of the park.
Kenneth Carey addresses his participation in the project
Even those who are opposed to the
Albert Frye location say they want to see the park located in
Cumberland County, just not be located anywhere near their homes or
property.
Members of the audience including supporters and those opposed
to the shooting sports park listen to
TWRA commission member Jim Bledsoe
Crossville Mayor James Mayberry called
the work session to give more of the public a chance to speak on the
matter as public comments were not allowed at the special called
meeting that may have killed the project, at least on the city's
Albert Frye Road property. The first speaker was Jim Bledsoe, an
outgoing member of the TWRA board of commissioners who has sought the
project during the last 2 years of his term.
Meeting opened by Mayor Mayberry and comments by Jim Bledsoe
Bledsoe said that the proposed property
was strategically picked because of its accessibility and proximity
to I-40. "We have several shooting facilities across the state,”
said Bledsoe, “This was going to be our middle Tennessee focus
area.” Bledsoe explained that the property has been tied to the
project since the beginning and is used as match for the grant. A
local match of 25 percent is required for the federal grant. “This
piece of property is essential for the project,” added Bledsoe,
“Without it you'll have to start all over again. You'll have to go
through a whole new grant writing process, back to ground zero.”
Additionally, if the project isn't started by June 30, the funds will
have to re-budgeted into TWRA's next budget and that is not
guaranteed.
Cumberland County Mayor Kenneth
Carey told Jim Young Reporter he has been promoting the project, as a private individual not promoting it in his
capacity as mayor. Carey made those comments in a meeting earlier Tuesday in his office. That differentiation has not always been clear.
At the council meeting Carey said that as a
board member he will not receive any pay for his work on the project
and he categorically denied there was any job he would take with the
operation in the future.
Kenneth Carey remarks and other speakers including Roy South
Local resident Roy South spoke saying
that he had operated a shooting club for about 10 years in Putnam Co.
and it was a popular attraction that even brought in visitors from 8
other countries during its operation.
Another local resident, Randall Kidwell
spoke about the lack of zoning and that he lived very near the
Crossville Raceway but he would rather keep the ability to do what he
wanted with his property rather then have others tell him. Kidwell
said that he was concerned that the small group of people fighting
the project were able to shut it down adding that even if someone
wanted to put in a daisy farm someone would object to it.
Comments by Randall Kidwell
Additional speakers at the council work
session included Wade Davenport, Tom Pelfry and Harold Stryker.
While the turn out was a bit smaller,
the discussion was every bit as lively for a work session on the
proposed Crossville Shooting Sports Park held at city hall Tuesday
evening.
It appeared few minds were changed by
the discussion that included statements from the Tennessee Wildlife
Resources Agency and Cumberland Co. Mayor Kenneth Carey who promoted
the project, according to his statements, not as Co. mayor but as a
private citizen interested in promoting a strong youth shooting
program. Carey said that he had been a youth shooting coach and knew
the benefits of the program.
Cumberland County Mayor Kenneth Carey addresses the council
on the Shooting Sports Park
TWRA's Jim Bledsoe also addressed the matter of the $2.2 million grant
being tied to the current property and any changes could possibly
send the funds to another county.
But the opposition remained to the
project location. Several of those who spoke against the project
said they supported such a shooting sports park, just not where is it
proposed on city property off of Albert Frye Road just north of I-40.
There appear to be between 5 and 7 residences along Albert Frye
Road. Additional homes on Chestnut Hill Road near I-40 have also
complained about possible sound issues.
Cabin that is adjacent to the city property proposed for the
SHooting Park. The city property starts at the tree line.
While no decision can be made at a city
council work session, a proposal to hold a demonstration shooting on
the site for property owners in the area to hear the effects of
gunfire on the site was discussed and set for Saturday morning April
1, at 10 AM.
The next time that a meeting on the
topic might be held is on April 4, the date of the council's next
regular work session.
We will have more to report on the
meeting including videos of some of the comments coming.
The email below was sent from Assistant Director of TWRA Barry Sumners to Kenneth Carey on March 21, 2017. This outlines some of the potential problems with a possible change in the location of the proposed Shooting Sports Park.
We talked to Mr. Carey this morning and he said that he was not representing the county when he spoke to Crossville city council in past meetings. There has been some confusion over that situation and if the county was involved in the project. It turns out that the county is not part of the project and Carey has been acting, not as county mayor but as an interested individual. He explained that a group of parents and gun sports supporters came to him seeking help as they knew he had dome some coaching as well and Carey said he agreed to "try and help them."
Kenneth Carey
Carey said he would be at the council Tuesday meeting and try and straighten out any confusion if he gets the opportunity to speak.
He also said that there was no truth to rumors he would get a job out of the project after he left office and he would address that as well.
Carey continued to say as he had previously that he hoped the project could possibly attract some gun manufacturers or other related industry to the community because of the shooting park.
The following email was sent to Carey at his official County email address.
Hello Mayor Carey,
I wanted to summarize our conversation earlier today regarding the possibility of moving the site for the Crossville range.
We received federal grant approval after submitting documents that support constructing the project at the Frye Rd. site. This included an evaluation of the impact on endangered species and approval from the State Historic Preservation Office.
If the location is changed we could re-apply to the US Fish and Wildlife Service (after securing the required compliance documents) and request that we be allowed to construct the range at a different site. Doing so would introduce a lot of uncertainty since we don’t know if a different site would comply with the federal requirements. It is quite possible that we would not find an approvable site and funding would revert.
Our standard contract language includes a clause titled “subject to funds availability” and TWRA is counting on the federal funds being available to construct the range.
Another related factor is that we have negotiated an agreement with the federal government to use the value of the Frye Rd. property as matching funds (see attachment), based on an appraisal of the site. A different site would of course have a different value and we would also have to start that process again.
I understand that there is some opposition to construction the range at the current site. If the location is changed, TWRA will work with the US Fish and Wildlife Service to try to make funding available for a different site.
With a city council work session set for Tuesday afternoon at 5 PM at Crossville city hall on the proposed Crossville Shooting Sports Park, we asked the Tennessee Wildlife Resources Agency for a statement concerning the project that seemed to go quietly along for 18 months but became controversial in just the last several weeks.
The park project has been discussed for over a year and a half and the site between I-40 and Albert Frye Road has been the proposed location for most of that time. It is unclear if the county will lose the park to another county in middle Tennessee if the proposed site is not used but a long list of requirements because of the use of federal funds have already been done and the site meets all the requirements. One report indicates the cost of those studies was around $25,000.
In a special called meeting March 21, a majority of city council members reversed their action in February and voted to rescind approval of a contract that would have sold the 146 acres to the nonprofit Crossville Shooting Park, Inc. for one dollar. That vote reversed action in February approving the contract and sale after a number of property owners and area residents complained about the project being located near them and the fact that they had not been informed ahead of time about the proposed project. TWRA's statement from the Crossville regional office says,“With the number of sportsmen and women in the area that enjoy the shooting sports, Tennessee Wildlife Resources Agency (TWRA) sees the addition of a shooting sports facility as a tremendous opportunity for the citizens of Cumberland County and beyond. This center will provide TWRA additional opportunities to serve the community with not only boating and hunter education classes, but many other educational sessions for adults and youth. Funding for this project was provided directly from the U.S. Fish and Wildlife Service and not TWRA subsidies. TWRA is chiefly funded through the sales of hunting and fishing licenses.”
TWRA has committed $2.2 million from US Fish and Wildlife for the development and construction of the shooting park that would be operated by a nonprofit organization that has been formed. The funds for the project come from federal Pittman-Robertson funding generate by excise tax on ammunition and granted to states for conservation efforts, hunter's education and shooting projects and programs.
Crossville Mayor James Mayberry called for the work session saying the meeting will discuss some of the issues that have cropped up in the matter of the proposed Crossville Shooting Sports Park listed in the meeting call as "confusion, misinformation and clarification.”
Because of public interest, Crossville Mayor James Mayberry is calling for the work session on Tuesday March 28 at 5 PM. He said the meeting will discuss some of the issues that have cropped up in the matter of the proposed Crossville Shooting Sports Park listed in the meeting call as "confusion, misinformation and clarification.
Crossville Mayor James Mayberry
Representatives of the Tennessee Wildlife Resources Agency are expected to be at the meeting. Mayberry said that a representative was at the called meeting and wanted to address the issue but no public comments are allowed at a called meeting. TWRA is providing the 2.2 million dollars in federal funding to construct the park and a great deal of work and some money has already been spent on the Albert Frye Road site.
The park has been discussed for over a year and a half and the site between I-40 and Albert Frye Road has been the proposed location for most of that time. It is unclear if the county will lose the park to another county if the proposed site is not used but that information may be clarified at the Tuesday meeting.
In a special called meeting March 21, a majority of city council members voted to rescind approval of a contract that would have sold the 146 acres to the nonprofit Crossville Shooting Park, Inc. for one dollar. That vote reversed action in February approving the contract and sale after a number of property owners and area residents complained about the project being located near them and the fact that they had not been informed ahead of time about the proposed project.
The Area in lavender is the proposed acreage for the park
and the area in blue is the former city landfill. At the
bottom of the map is I-40 and at the top is Albert Frye Road.
The funds for the project come from federal Pittman-Robertson funding generate by excise tax on ammunition and granted to states for conservation efforts, hunter's education and shooting projects and programs.
The proposed location currently meets all the requirements for the use of the federal funds and environmental, historical and endangered species studies have been approved.
At a December work session, questions on funding and staffing remain. Kenneth Carey, a member of the nonprofit's board said they would determine if a full time position was needed or if all employees would be part-time. The grant requires that the facility be open at least 20 hours a week. According to Carey the plan is for the range to be open more then that and open to the public. He added it is not a membership type facility and that anyone can come a shoot.
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.
In a special called meeting that barely made the 24 hours notice requirement in the city's charter, a majority of council members approved a motion to rescind the approval of the contract that agreed to sell a portion of a 217 acre tract the city owned between I-40 and Albert Frye Road.
Council discusses shooting park motion.
Video and a more detailed story coming soon, but the vote on the motion to rescind the donation was council members J. H. Graham, Danny WYatt and Pamala Harris in favor and Scot Shanks and Mayor James Mayberry opposed.
A special called meeting is set for 4:50 PM Tuesday March 21 at Crossville city hall. The meeting has been called by council members J. H. Graham and Pamala Harris.
The single item on the agenda concerns discussion and possible action on the rescindment of contract with Crossville Shooting Sports Park, Inc.
The contract calls for closing on the property sale to the nonprofit by April 1. It is unclear if the nonprofit could take legal action if the contract is rescinded by the city.
The project has been discussed for just over 18 months and the city agreed to provide property that was originally purchased for use as a landfill. 37 of the over 200 acres remains as a former landfill and the city kept 40 acres along Albert Frye Road for possible industrial development.
The project was originally brought to the city by Co. Mayor Kenneth Carey but since the county is not involved in the project it is unclear if Carey was acting in his official capacity or as a private individual. Carey holds a seat on the nonprofit board that plans to operate the park.
The funding for construction is $2.5 million from TWRA.
Another council called meeting is also set to follow for 5 PM on rehiring previously retired city employees and finally a work session on the city's capital improvement plan.
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.
The proposed Shooting Sports Park on
Albert Frye Road returns to the Crossville city council's agenda for
Tuesday evening after complaints came from residents near the
proposed site at last weeks council work session.
The project, brought to the city
council some 18 months ago by Cumberland Co. Mayor Kenneth Carey will
be built using over $2 million from the Tennessee Wildlife Resources
Agency on land the city is selling to the non-profit corporation that
will operate the facility. At last months meeting the council agreed
to the sale of the property under what city attorney Will Ridley
described as a binding contract. The sale is to take place by April
1 under that contract.
During city council's work session last week, discussion on the
proposed Shooting Sports Park came up as neighbors expressed
concern for noise and property values. City Engineer Time Begley
explained a diagram of the property to council.
Several property owners in the area of
the old city landfill property are now opposing the project due to
noise and property value concerns. It is unclear what action the
council can take at the March meeting.
The council's evening starts with the
monthly audit committee meeting at 5:30 PM and the regular council
meeting gets underway at 6:00 PM.
Council will also discuss and consider
action on the matter of rehiring previous city retirees. Such
rehiring will be more costly then the other hires as they would have
to be place back under the Tennessee Consolidated Retirement System
(TCRS). New city manager Gary Wood has given his recommendation on
such hirings in the future.
Wrote Wood, “It would be my
recommendation as a rule to not allow these employees to return
unless there were extraordinary circumstances necessitating their
return. In those cases, if they received a retirement buyout, that
buyout would have to be paid back over whatever period of time they
had to serve to reach the 30 year threshold or five (5) years,
whichever is greater. Any other retirement non-buyout incentives
received would be deducted from incentives received upon the
subsequent separation.
Additionally, their pay should be
reduced by 5% to put them on equal footing with other employees who
now have to pay in 5% to ICMA (International City/Co Management
Association) when the retirees would not be paying that amount. This
is the only way I can see to keep the employee from “double
dipping” and maintaining some equity with employees now under ICMA.
Employees of Police or Fire could have knowledge based testing
waived, but would still need to pass the physical testing
requirements of new hires.”
Wood spoke during the work session and
said that the city had hiried back the former city police chief David
Beaty and that people seemed happy about that. Wood added that he
felt the city needed guidance from the council for future decisions.
Wood also wrote about the bridge
insurance that was offered to those who took early retirement and
that it was less of a problem but still needed a ruling by the
council.
Another somewhat controversial
discussion was an ordinance that would not allow masonry structures
to be built on the city's right of way that were higher then 6
inches. This would create a problem for the anyone who wanted to
construct a stone or concrete mailbox enclosure. City engineer Tim
Begley said there were several potential problems with those
including traffic hazards, blocking the city ability to access their
water and sewer lines.
Any such structures that currently
exist would be grandfathered but new ones would not be allowed. They
would have to be built on the owners property with a way for the
mailman to access them.
The city is working on an ordinance to
help control new cell phone and other communication towers as new
technology changes. The city staff is requesting the council approve
a temporary moratorium on such new construction and begin the process
of approving a new ordinance.
Council will also consider adding a new
full time position at the Palace Theatre. Currently there is one
full time and 3 part-time positions. One of the part time positions
would become a full time position due to the very busy schedule at
the theatre and the need for additional help.
Work continues on the city's solid
waste contract renewal. The matter was discussed at the council's
work session with much of that on the difference between residential
and commercial waste pickup. The matter has been discussed by
council before without a resolution. It is something that needs to
be addressed before the city continues toward a decision on taking
back over waste collections or putting out a contract bid.
Even though the Crossville city council
had completed the scheduled agenda, a number of people remained in
the meeting room and Mayor James Mayberry recognized council member
Pamala Harris “to deal with some old business.”
Harris talked about the Shooting Sports
Park, a topic the council has discussed several times over the last
18 months and said there were some property owners and residents
around the old city land fill property proposed for the location of
the facility who had some comments. Harris said she had gotten a
number of calls about the proposed project and several had concerns
about how the facility would affect their homes and property near it.
For the next 30 minutes, property owners and representatives of the
shooting sports park organization discussed the proposed operation,
possible noise issues and other concerns.
City engineer Tim Begley, standing left, shows council and others a map
of the property for the Shooting Sports Park.
Residents in the area expressed concern
about the noise level from the operation of a shooting facility and
concern about the fact that none of them had been contacted by either
the city, the county or the organization that is proposing the
facility.
The city council first heard about the
proposed facility some 18 months ago in June 2015 when Cumberland Co.
Mayor Kenneth Carey shared the possibility of the facility at a
council work session. Carey told council that the majority of the
funding would come from the TWRA and could be a draw for tourists and
visitors to the community as well as hosting possible tournaments.
After a year, the topic came back to
the council and more details were shared including a firm request for
use of property between I-40 and Albert Frye Rd. that the city once
used a portion of as a landfill. Final plans became clearer late
last year when the topic was against raised at council meetings and
the council approved the transfer of a portion of the city's 217
acres to the not for profit corporation that will operate the park
during their regular meeting in February.
The blue area is the city's property where the shooting park will be located.
The red circles indicate where the closest houses are.
During all these discussions a few
objections to the project were brought up, mainly about competition
with private businesses. Former councilman Pete Souza had suggested
a public hearing on the project be held but none took place. The
city's involvement in the program is through the donation of the
property and a small supporting grant applied for from the state.
The group opposing the project said
they had some 40 signatures on a petition seeking a new location for
the project. Their concerns include noise that would not allow them
to use their porches or yards and the effect it could have on their
property values. There was discussion about the possible number of
shots that might be fired in a day and James Wattenbarger said that
the numbers being shared were far above what was expected though he
did say any tournaments would include a high number of shots.
At one point, mayor James Mayberry
pointed out that zoning in the community would possibly solve some of
the kinds of problems being discussed. Those opposed felt the
facility should be located in the Catoosa Wildlife area but were told
that TWRA had turned down that option.
City attorney Will Ridley said that the
city had signed a binding contract on the land transfer but the
property had not yet been conveyed. Ridley added that if both sides
agreed it could possibly be delayed.
Councilman J. H. Graham asked when the
next meeting of the non-profit board would be held saying he felt
people needed information on the noise level and number of shots to
be fired as the numbers from both sides were substantially different.
Mr. Wattenbarger, who identified
himself as a member of the non-profit's board said he had been to the
Carroll Co. facility and their shooting park was in the industrial
park but there were “hundreds of homes within one mile of the
facility.”
Questions about the organization to
receive the property were raised and Mr. Ridley said he had received
a copy of the organizations state charter and other documents before
the agreement was signed.
A statement from the group opposing is
expected to be made at the public comment time during the March 14
council meeting along with the presentation of their petition.
