MINUTES OF THE OCTOBER COUNCIL MEETING

   STATE OF TENNESSEE                           CITY OF LEWISBURG            COUNTY OF MARSHALL                       OCTOBER 9, 2007

The Lewisburg City Council met for the regularly scheduled monthly meeting on Tuesday, October 9, 2007, 6:00 p.m. at Lewisburg City Hall, 131 East Church Street, Lewisburg, Tennessee.

Those present and attending were:  Mayor Bob Phillips, City Manager Eddie Fuller, City Treasurer/Recorder Connie W. Edde, City Attorney Bill Haywood, City Councilmen Quinn Brandon, Hershel Davis, Robin Minor, Phil Sanders and Elvin White.

Members Absent:    None

Mayor Bob Phillips called the meeting to order.

The Invocation was given by Clay Derryberry and the audience led the Pledge of Allegiance.

Item 1.  Announcements

Mayor Phillips announced the following:

·        Thank you to the street department workers for the great job they are doing in getting Rock Creek Park ready for the Goats Music and More Festival

·        Bricks are being laid at the Walk of Heroes at the park.

·        Ladies restroom building repair is progressing.

·        Welcome to two new restaurants: Huddle House and Quiznos.

·        Get well wishes are sent to Bill Holly, member of the Planning and Zoning Commission.

·        Councilman Brandon discussed the concern of a citizen pertaining to safety when vehicles are parked on the side of the roadway on East Commerce during yard sales. 

Item 2.  Approval of Minutes

Motion to approve the minutes of the regular scheduled meeting of September 11^th was made by Councilman Brandon and seconded by Councilman White.  Upon a roll call vote:

Councilman Brandon - Aye            Councilman Sanders –  Aye Councilman Davis – Aye                Councilman White –  Aye Councilman Minor - Aye                                        

Motion Passed:  5 - 0

Item 3.  Approval of the Bills / Financial Statement

Motion to approve the September 2007 bills and the August 2007 Financial Statement was made by Councilman Minor and seconded by Councilman Sanders.   Councilman Brandon asked for final expenditures of the Goat Music and More Festival when available.  Upon a roll call vote:

Councilman Brandon - Aye                  Councilman Sanders - Aye        Councilman Davis - Aye                       Councilman White  - Aye         Councilman Minor - Aye

Motion Passed:  5 - 0

Item 4. Citizen Input

           1. Billy Harwell thanked the Council for having twice a week    garbage pickup for residents.  He stated he was not opposed to recycling as long as it did not cut back on regular pickup.  He also thanked the two new Council members for the job they are doing.

            2. Andy Henson asked the Council to consider appointing David Ray as Chief of Police.  Dan Allen, Billy Harwell and Gary Middleton also spoke of their support for David Ray.

           3. Pauline Whitehead spoke concerning golf balls being hit onto Oakwood Healthcare property from the Lewisburg Recreation Center golf course.

          4. Jerry Freeman questioned policies governing public comments.

           5. Gary Davis, Marshall County Branch of NAACP, asked when requested materials from Eddie Fuller would be ready.

           6. Jerry Roberts stated his concern of school bus safety on Dodson Drive, and problems concerning the intersection of Heil/Franklin Road. 

            7. Judy Janecek requested the Council consider placing a red-light at the intersection of Franklin/Heil Avenue.

Item 5.  Unfinished Business

5A) Second Reading of Ordinance 07-11

Motion was made by Councilman Brandon, seconded by Councilman White, to approve second reading of Ordinance 07-11.  This ordinance will allow the City Court to levy a litigation tax in the same manner as the state ($17.75 for civil cases / $29.50 for criminal cases).  There was a public hearing held prior to this meeting.   Upon a roll call vote:

Councilman Brandon – Aye             Councilman Sanders – Aye Councilman Davis – Aye                  Councilman White – Aye Councilman Minor - Aye   

Motion Passed:  5 – 0

Item 6.  New Business

6A)  First Reading of Ordinance 07-12

Motion was made by Councilman Minor, seconded by Councilman Brandon, to approve first reading of Ordinance 07-12, an ordinance rezoning property lying South of Finley Beech Road.  The property will be rezoned from “R-2” (Medium Density Residential) to “C-2” (Intermediate Business).   The request has been approved by the Planning and Zoning Commission.  Upon a roll call vote:

Councilman Brandon - Aye              Councilman Sanders – Aye Councilman Davis – Aye                  Councilman White – Aye Councilman Minor - Aye   

Motion Passed:  5 – 0

6B)  Project Agreements with South 31^st Place/Autom Church Supply

Motion was made by Councilman Davis, seconded by Councilman Sanders, to approve a resolution consisting of a PILOT, and the selling of approximately 25 acres in the new business park.  The proposed buyers are two companies, South 31^st Place and Autom Church Supply Company.   Eddie Wiles, Chairman of the Industrial Development Board, spoke to the Council concerning this resolution and made known the board’s approval.  Upon a roll call vote:

Councilman Brandon - Aye              Councilman Sanders – Aye Councilman Davis – Aye                  Councilman White – Aye Councilman Minor - Aye   

Motion Passed:  5 – 0

6C) Intersection Improvements

Motion was made by Councilman Brandon, seconded by Councilman Minor, to install a traffic control device at the intersection of Heil Quaker Avenue and Franklin Road as recommended by the traffic engineer, R. G.  Phillips.                    Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders – Aye Councilman Davis – Aye                Councilman White –  Aye Councilman Minor - Aye   

Motion Passed:  5 – 0

6D) Amending City’s Personnel Policy

Motion was made by Councilman Brandon to amend the City’s personnel policy to include the following: “Any employee that is asked non-incriminating direct questions by the Mayor or Council and refuses to respond will be subject to immediate termination”. 

Motion died for lack of second.

6E) Creating Public Safety Board

Motion was made by Councilman Brandon, seconded by Councilman Minor, to begin the process of hiring a Police Chief with the following requirements:

    1. Advertise in the Tennessean, Tribune, and Municipal Newspaper.

    2. Must have all applications in by November 30, 2007 at 9:00 a.m.

    3. Top five applicants by police board get interviews.

    4. All of the top five applicants must have a background check.

    5. Must be a certified officer.

    6. Must have a high school degree and preferably a college degree.

     7. Must live in the City of Lewisburg or move within 6 months of being hired.

      8. Must have a minimum of five (5) years supervisory experience.

Upon a roll call vote:

Councilman Brandon - Aye              Councilman Sanders – Aye Councilman Davis – Aye                   Councilman White – Aye Councilman Minor - Aye   

Motion Passed:  5 – 0

A workshop will be held on October 23, 2007, 4:00 p.m. to discuss forming a “Police Board” and creating by-laws for said board.

7)  Other Business

7A) Discuss Drug Testing Policy

Motion was made by Councilman Brandon, seconded by Councilman White, to implement drug testing to include fire and police employees.   Currently the City is testing employees who have CDL’s, one’s injured due to work related accidents, or upon reasonable suspicion.  Councilman Minor wanted all city employees to be tested however the City Attorney explained that this would be a violation.  Upon a roll call vote:

Councilman Brandon - Aye            Councilman Sanders – Aye Councilman Davis – Aye                 Councilman White – Aye Councilman Minor - Nay   

Motion Passed:  4 – 0

7B)  Grant for Recycling

Motion was made by Councilman Brandon, seconded by Councilman Sanders, to authorize a resolution to apply for a recycling equipment grant through the Tennessee Department of Environment and Conservation.  Barbara Woods, Curbside Recycling Committee, stated the Committee has requested a Phase I route plan (980 households) to gather information to ensure the best program.   A company has been chosen for the recycling and containers will be paid through the grant.    Upon a roll call vote:

Councilman Brandon - Aye               Councilman Sanders – Aye Councilman Davis – Aye                    Councilman White – Aye Councilman Minor - Aye   

Motion Passed:  5 – 0

There being no further business to come before the Council, the regular monthly meeting of the Mayor and Council for the City of Lewisburg adjourned at 7:32 p.m.