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									                                   CITY COUNCIL MEETING
                                             May 1, 2007

       The City Council met in regular session in the Town Meeting Hall of the City of Lebanon
Administration Building at Castle Heights.
       A Public Hearing was held at 5:56 p.m. for:
       To amend Chapter 2 of Title 18 of the Lebanon Municipal Code entitled Water Services
(reference Ordinance No. 07-3127), by Chuck Boyett, City/Utilities Engineer.
       No citizens chose to address the Mayor or City Council regarding this Public Hearing issue.
       The Public Hearing adjourned at 5:57 p.m.
       Mayor Don Fox called the Regular City Council Meeting to order at 5:58 p.m.
       Invocation was given by Jeff Baines, Commissioner of Public Works.
       Personnel Director Jim Henderson led the Pledge of Allegiance to the United States Flag.
       Council members present:      Alex Buhler, Kevin Huddleston, William Farmer, Joe Hayes,
Haywood Barry and Kathy Warmath. Also present were Hal Bittinger, Commissioner of Finance and
Revenue; and Andy Wright, City Attorney.
       Motion was made by Councilor Warmath, seconded by Councilor Buhler, to approve the
minutes of the April 17, 2007 Regular Called City Council Meeting and the April 23, 2007 Special
Called City Council Meeting.
       Motion carried unanimously. Minutes were approved.
Communications from Citizens:
Mayor Fox:            Now, on our agenda, we have a place for communication from our citizens.
                      Anyone in the audience that would like to address the Council, this would be the
                      appropriate time to do so. Step to the mike and give your name. Miss Hattie?

Ms. Bryant:           My name is Hattie Bryant. Thank you, Mr. Mayor, for allowing me to come
                      before you to make a desperate plea. Many of you may know the history of
                      Greenwood Cemetery. In case you don't know, Mr. Caruthers established
                      Greenwood Cemetery back in about 1938. At that particular time, Rest Hill
                      Cemetery was in bad condition, and Mr. Caruthers established Greenwood
                      Cemetery at that particular time. During his lifetime, it was well cared for.
                      Many of our forefathers are buried in this particular spot. After he passed, the
                      cemetery became -- well, in disarray, not cared for. So a group of citizens who
                      had family members buried in that cemetery decided that we would form a
                      corporation. There were several of us involved in this particular incident. Mr.

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             A.C. Wharton, Mr. James White, Mr. Andrew Martin, Ms. Willie Watkins, and
             Ms. Mildred Seay, myself, and others established it. And through the help of
             Mr. Rodney Ahles, we became a corporation. We did not have any records or
             many records to go by, so we chose to go into the cemetery and take some of the
             names off of the headstones and write the families whom had members buried
             there. We have done this for any number of years, trying to keep the cemetery
             clean and respectful for our forefathers. After a period of time, those people,
             many of whom were our charter members, have died, and we are trying
             desperately to keep the cemetery clear. We have written letters all across the
             country, asking people to send us funds. We do have a man that has been going
             out, cleaning up the cemetery down through the years. Many of the people who
             are buried there have no one for us to ask. Some of our teachers, preachers and
             family members are there. There's no one for us to ask to help keep it clean.
             We are at a point where we don't have anybody left, hardly, to beg money from.
             We would like to know if the City -- asking your help -- would consider the
             maintenance. At the particular time that Mr. Caruthers built the cemetery, Rest
             Hill Cemetery was not in any condition -- so he fixed this cemetery where we
             would have a decent place for our families to be buried. After this had
             happened, of course, Mr. A.C. has passed. Mr. Martin, Mr. White, and many
             others have passed that were our main people helping us to keep the cemetery
             going. So I come before you with a desperate plea, asking if the city will
             maintain the cemetery so that the ones who are on this committee -- many of us
             are up in our eighties, 86, 84, 83, and before we pass, we would like to know
             that the cemetery is taken care of for our mothers and fathers and grandfathers
             who are buried there. So we are asking, if possible, would the City maintain the
             cemetery? Thank you, Mr. Mayor.
Mayor Fox:   Thank you, Ms. Bryant. If I may offer a few words in response to that, we have,
             of course, done work in the past through the Beautification Commission,
             repaired the gate and the sign, the arch-type sign that's in front of the cemetery,
             enlisted the help of Boy Scouts, went in and did a lot of leveling, straightening
             up of the tombstones, headstones. Actually, I think we mowed it that time. We
             did some weed eating and mowing. What we're doing now is we have got an
             estimate of what it would take to weed-eat and mow that cemetery. The
             estimate that we got back, I think, is too high. We're going to go back again on
             that and take a look at it. A question that we're a little sensitive to -- we're gun-
             shy since we just were sued over in Cedar Grove because of the records
             situation. And we're certainly going to have that in the Greenwood and Rest
             Hill, also, but what we would have to do -- and I've asked our attorney to draw
             up an ad that, at the appropriate time and with the will of the Council, we can
             put in the paper that would have everyone -- If you have any lots in your name
             that have not been opened in that cemetery, you would have to step forward and
             let us know. I don't know how long we would have to run that. Mr. Wright

                                           2                                 05/01/07
                   would have to get those answers for us, but what we would have to do is say this
                   is a closed cemetery. And we thought that we could do that, but coincidentally,
                   someone has been buried there in the last two days.
Ms. Bryant:        That was a 100-year-old lady whose family had this plot for many, many years,
                   and as I understand, there are no vacancies, no plots available to anyone.
Mayor Fox:         If we did something like that, we would have to have the people -- the family
                   burying someone would have to actually pinpoint, here is the grave site. If we
                   were to do that, we would have to have some sort of a waiver or disclaimer to
                   hold harmless the City with anyone being buried there, and of course, we would
                   have to run that ad in the paper and word it appropriately. I would have no
                   problem -- in fact, I think that being the only cemetery in the city other than
                   Memorial Gardens, that we don't own, I don't know of any others that could
                   come forward and cause us to make a mistake in setting a precedent that we
                   might pay for in the future. We need to answer a couple more questions on that,
                   but I think the sentiment of the people that I've talked to are for doing just what
                   you're asking, but we have to answer some more questions.
Ms. Bryant:        Well, we appreciate it, Mr. Mayor, for anything that you could do or any
                   consideration that you would give the committee. We are at our wits' end, trying
                   to keep it clean.
Mayor Fox:         Well, we're not going to work on this forever. We're going to come to some sort
                   of a resolution of this, pretty quick, for you.
Ms. Bryant:        Thank you.
Mayor Fox:         We're getting old up here. Well, a couple of us are, three, maybe four.
Ms. Bryant:        Thank you, Mr. Mayor.
Mayor Fox:         All right. Thank you. Would anyone else like to address the Council? Sir?
Audience Member:   Yes. My name is Curtis Scott Lehew. My relatives are Jim and Lucille Lehew
                   on Peyton Road for probably about 80, 90 years, out there, and others. I've been
                   disabled since 1989 because of a car wreck. It was not my negligence. It wasn't
                   my fault, but I was there. It was in January that was the first time I had a
                   problem with paying my gas bill. Needless to say, I went and I got some help
                   from Mid Cumberland Energy Assistance, and they had gave me $250 toward
                   my bill. I heat with nothing but natural gas. After this time had went by, I still
                   owed $67.81, and it was due on the 28th day of February. I didn't get my
                   disability check until the third.
Mr. Lehew:         They came out yonder. They put a pin in it, and they shut it off on the 28th day
                   of February. I've heated with coal oil lamps, electric heaters, my dryer, my
                   oven. And it all had to do with a whole bunch of fussing and -- unnecessary, but
                   that was the deal, because my ten-year-old child that was in that house. And it's
                   an older home. It's Mr. and Ms. Comer's, but it's a good old house. On
                   February 14th, I talked to Miss Stacy, and I told her that I didn't want to write
                   her a bad check, for it to cost me another $60. And everybody, including my

                                                 3                               05/01/07
                      phone company, Middle Tennessee Electric -- every one of them has worked
                      with me to where I can pay my bills when I get my check, within a certain
                      amount of time, like the very first of the month. She told me there wasn't
                      nothing she could do. So I would always end up paying that late fee. It wasn't
                      so much that. It was when I called back, and they had already shut it off -- and
                      she argued with me that they hadn't turned it off over $67.81 and two days.
                      That's all it took for me to write them a check without it costing me another $60.
                      Well, $1,200 a month don't go too far. Well, February 28th came around, and
                      they went ahead and they locked it. That didn't bother me a bit. I have no
                      quibbles about what -- my legs are shaking real bad because I ain't in real good
                      shape -- but they told me that they couldn't work with me, for two days, so they
                      shut the gas off. Well, I told them to go ahead and do that because I wasn't
                      going to write a bad check and it cost me that much more money. I've even been
                      down to the check-cashing place before and had it, and it cost me money, but I
                      kept my bills paid on time up until this point. Well, Miss Stacy threatened me
                      and told me that they would shut my water off if I didn't pay this gas bill, too. I
                      didn't understand that. Then I tried to talk to the fellow that run it over there.
                      By this time, I was pretty well warmed up and unnecessarily hot. I made four
                      phone calls to you, Mr. Fox, never received no answer. I even talked to another
                      fellow. I even got his name written down here right now. I sure don't
                      understand how in the world they can claim that they are running a gas
                      company, when they couldn't -- my phone, my lights, Direct TV, every single
                      one of them could put it within a 15-day range of me paying my bill and it not
                      be late or me having to pay late fees. I kept my family warm with five kerosene
                      oil lamps and two electric heaters in an over-100-year-old home, but I sure hope
                      Lebanon ain't proud of itself, because this ain't the city I know, not from the time
                      I grew up. I just never thought two days would mean that much to a city, that
                      $60-something was that important over two days. When I heard you, Mr. Fox,
                      on the radio talking about selling gas -- but wouldn't give me two days to pay
                      my bill. They shut it off. I hope Lebanon ain't too proud. I appreciate y'all's
                      time, and I thank you. I've got one last thing to say. In remembrance of Robert
                      King, I would like to give condolence to him. He passed away at 2:30 this
                      morning. The King family has been pretty outstanding, outstanding, good
                      people in this community for a long time. I appreciate y'all's time.
Mayor Fox:            Thank you. Do you want to go into that?
Commissioner Bittinger: I've talked to Mr. Lehew before. As he said, he was pretty upset. If he
                      would like to come in and meet with me, one-on-one, to re-discuss his situation
                      in a calm matter, I would be glad to work something out with him. I'll be here at
                      7:30 in the morning. If he wants to come by, I would be glad to meet with him.
Mr. Lehew:            Yes, sir. I'll see you then.

                                                     4                               05/01/07
Councilor Buhler:     Do we have many people -- I know they get Social Security checks and
                      retirement checks and stuff. Is there any way you can check that, or do you
                      know that?
Commissioner Bittinger: You don't know that, plus it would be very difficult. We bill twice a week
                      normally. So we have those people spread throughout the system, and it would
                      be tough for us to document and come up with new discount dates just for, say,
                      four or five hundred people. And it would be difficult for us to account for it
                      and try to put them in different routes. I don't know of any way to do it.
Councilor Buhler:     I know if you have talked to Middle Tennessee --
Commissioner Bittinger: I'll call them and see how they do it.
Councilor Buhler:     They have a program for people that are on Social Security and retirement. I
                      guess they change their due dates or whatever.
Commissioner Bittinger: We'll call them.
Councilor Buhler:     If you could see what they do.
Commissioner Bittinger: We'll call them and see what they can do.
Mayor Fox:            Would anyone else like to address City Council?
(No response.)
Mayor Fox:            Okay. We'll move into the Mayor's Comments. We have a little special treat
                      this evening. We have some young people here for National Arbor Day awards.
                      We had a contest, and we'll let Ms. Anderson, Chairman of the Beautification
                      Commission, go to the mike and explain what we did and the results and
                      recognize the winners of the awards.
Ms. Anderson:         I appreciate that. Last year, we celebrated by handing out over a thousand
                      seedling trees. We don't know how many got planted, but if we just got one,
                      that's one more than we had. This year, the Beautification Commission decided
                      to reach out to the children in an effort to try to educate them on, you know,
                      what do trees do for us, how can we go about preserving them, or what do they
                      mean to them. The schools chose to either do poems, posters, pictures. We did
                      this through grades kindergarten through the eighth grade. The schools that
                      participated were Sam Houston, Byars Dowdy, Coles Ferry, and Walter J. Baird.
                      In the bags, kids, when you get your bag, you'll notice there is a photo album,
                      and inside that photo album, we have gift certificates donated by CiCi's Pizza,
                      the Jimmy Floyd Center, Roxy Theatre, Wal-Mart, Baskin Robbins, McDonald's
                      Restaurant, and the Wilson County Fair Board. So you've got some really nice
                      gift certificates. The Beautification Commission has also put in there some
                      things, the "Don't Be a Litter Critter," which is our project that we have in the
                      schools in trying to educate our children on not to litter. They have got T-shirts,
                      bracelets, and stickers. The city attorney just donated some suckers, so I
                      dropped some of those in there. I've got some notepads and other things in
                      there, as well as a certificate. The certificate is made out to your child and
                      reads: "For your participation in our National Arbor Day Contest in recognizing

                                                    5                               05/01/07
                     the importance of Tree Preservation in our community," because trees are a very
                     valuable asset that we need to take care of. So we just want to say thank you so
                     very much. Lucy Lee chaired this committee, and Annette Stafford is here. She
                     also worked on the committee with us. Is Ashton Stanford here? We're going to
                     ask you, would you be willing to read your poem for us? Come on up here.
                     Ashton is our winner from the eighth grade. She's the Walter J. Baird
                     participant. She did a beautiful job, so we thought maybe we would let her read
                     her poem. Then Lucy is going to present the awards. The kids' pictures are on
                     the front of their bags, so you get to see them as they hand them out.
Miss. Standard:      The title is, "Together They All Stand." "Together they all stand, not alone, but
                     hand in hand. With them, we perish not. They give us shade when it is hot.
                     Forever must we praise them? We are like a Popsicle without the stick if they
                     should wither away. Without them, we couldn't breathe. Of course, I'm talking
                     about our trees."
Mayor Fox:           Thank you.
Ms. Lee:             First place at Coles Ferry is Bailey Manning. Is Bailey here?
(Miss Manning accepts award.)
Ms. Lee:             First place at Coles Ferry, Marian Dye.
(Miss Dye accepts award.)
Ms. Lee:             First place at Sam Houston, I believe, Alison Grant.
(Miss Grant accepts award.)
Ms. Lee:             I hope we have got these names right. First place at Sam Houston is Shelby
(Miss Wright accepts award.)
Ms. Lee:             Second place at Sam Houston School is Whitley Tarpley.
(Whitley Tarpley accepts award.)
Ms. Lee:             Second place from Sam Houston, Alivia Odom.
(Miss Odom accepts award.)
Ms. Anderson:        By the way, we have certificates for the schools. And Lucy is personally going
                     to be delivering those later on, probably next week.
Ms. Lee:             Second place for Byars Dowdy is Matthew Hester.
(Mr. Hester accepts award.)

                                                  6                               05/01/07
Ms. Lee:            The poems and the writings are wonderful. Third place -- I think this is Sam
                    Houston -- is Hannah Stickdorn.
(Miss Stickdorn accepts award.)
Ms. Lee:             And also, from Sam Houston, Morgan Murray.
Morgan Murray accepts award.)
Ms. Lee:             Thank you all, and thanks for all of our sponsors and thank you, parents, for
                     coming out and being here. Is it all right if they leave at this point?
Mayor Fox:           No. They have to stay until everything --
Mayor Fox:           I would like to, actually, have all of them come back. I would like to have my
                     picture taken with them.
Ms. Anderson:        We had 64 entries and these top ten winners out of these schools, so we had
                     good participation.
Councilor Farmer:    Can we put the poem in the minutes?
Ms. Anderson:         gave one for her to put in there.
Mayor Fox:           Can you all come back and stand up behind us?
(Photograph taken of award winners with Mayor Fox.)
Mayor Fox:           Okay. If everybody would clear on out, we need to continue with this meeting.
                     We'll move now to -on Thursday evening at 6:00, we'll be observing and
                     celebrating the National Day of Prayer. That will be at Second Baptist Church
                     on West Adams. The AME Winters Chapel and Second Baptist Church have
                     gone together this year. It will be at the Second Baptist. So at 6:00, it will
                     probably be a 45- or 50-minute celebration. So we would invite everybody to
                     come on out. It doesn't matter what you are, you know, what sign you have
                     above the building where you worship. Come on out. We'll all be Christians on
                     Thursday evening. So I hope to see everyone there. Okay. That was a
                     wonderful little celebration. That shows kids are aware of beautifying the town
                     and doing their part. And they do. They do some skits. They have done them
                     here in front of the Council before. Okay. Let's move on now to reports from
                     our committees, aldermen, officers. And we'll begin with Mr. Buhler.
Reports from Committees, Aldermen, Officers:
Councilor Buhler:    Yes, sir. I've got one thing -- and Jeff, maybe, I guess I ought to direct this to
                     you. I got a lot of calls from Kontiki about Middle Tennessee and the tree
                     cutting. And I went out there, and it's pretty bad, but I read in the paper where
                     there's going to be a meeting between us and Middle Tennessee. Has that
                     already occurred?
Commissioner Baines: They met last Thursday, I believe, had a good meeting, and they are going to
                     try to do a better job of communicating some of their programs too, about

                                                   7                                05/01/07
                     replacing, that kind of thing. They had a good meeting. Ken Thornberry, one of
                     their folks out of Franklin, was there also, really had a good meeting. But the
                     biggest thing folks can do is call Middle Tennessee's office and talk about their
                     replacement program. I would suggest that.
Councilor Buhler:    Am I incorrect when I refer people to Jim Mills, as our representative?
Commissioner Baines: He's on Middle Tennessee Electric's Board of Directors.
Councilor Buhler:    Do we have anybody, though since we sold it-that actually represents the City?
Mayor Fox:           What's the contact number for people to call on that? It's on that little door
Attendee:            Look at your brochure.
Councilor Warmath: Give them your cell phone number.
Attorney Wright:     Mr. Buhler, for what it's worth, I went to their website last week, and it
                     discussed that meeting. And it looks like they have got -- on the subject of trees,
                     they have got people assigned to specific counties, and they have got somebody
                     assigned to Wilson County on the website. I can't remember the gentleman's
                     name, but his e-mail address was their and his name.
Councilor Buhler:    But it's on the website?
Attorney Wright:     It's on the website.
Councilor Buhler:    Because I hate to be giving out somebody's name, if that's not the one that they
                     need to call.
Attorney Wright:     But he's specifically assigned to Wilson County.
Councilor Warmath:   If I can just -- I attended the meeting. It was a really good meeting, a lot of
                     dialogue, but it's really clear that they have -- we have two different objectives
                     going on. They have got power, conservation, and I think they are cutting once -
                     - they have a cycle of cutting. And the next cycle is from 231 east. Ours was on
                     the first cycle, so you can see this continuing. I mean, it's going to be awhile.
                     And if it's in the power line, it's basically going to be topped or actually taken
                     down, but they will give you a tree to reestablish somewhere else in your yard, if
                     you ask for it. They will take one down, and let you have another one, and I
                     think it's, what, 5 feet high?
Attorney Wright:     Right, 5 or 6 feet high.
Councilor Warmath:       And I know that's not a lot of comfort, but if it's in the right-of-way, it's
                         liable to come down.
Mayor Fox:               Yeah, or they will give you a low-grower that you can put in the right-of-
Councilor Buhler:        That's all I have. Thank you.
Mayor Fox:               There should be a door hanger any time they are going to trim or top or take
                         out a tree.
Councilor Warmath:       Or if you see a "X."
Mayor Fox:               An "X" or a green splotch.

                                                      8                              05/01/07
Councilor Warmath:      Yes. If you see any marks on your tree, you might as well call, because they
                        have something in mind for them.
Attorney Wright:        That's correct.
Mayor Fox: Okay.        Thank you, Mr. Buhler. Mr. Huddleston?
Councilor Huddleston:   Just a couple of things. Jeff, have you contacted the State yet about our
                        issue on Trousdale?
Commissioner Baines:    The staff is working on that. I will verify it in the morning. But yes, they
                        have been asked to contact them. They are going to do their own inspection
                        also on the 1st, but yes, they are going to contact and the State is going to
                        come look also, to see if it complies with their permit, the storm water folks.
Councilor Huddleston:   Okay. And, Billy, `I have got an issue that I wish you could help me with.
Commissioner Weeks:     Okay.
Councilor Huddleston:   Over on -- I guess it would be Park Avenue, our ex-Councilman, Fred
                        Burton, had his mailbox stolen, and he's bugged me -- he's wanted me to let
                        it be known in the council meeting that he is wanting his mailbox back. And
                        he wanted me to get the police on it. So I'm making a plea --
Commissioner Weeks:     Is he offering a reward for that piece of junk?
Councilor Huddleston:   I don't know if there's a reward, but we could probably find a reward if you
                        would just have them keep a lookout for Fred's mailbox.
Commissioner Weeks:     We'll hunt Mr. Burton's mailbox for him.
Councilor Huddleston:   On a serious note, have you had any more complaints of --?
Commissioner Weeks:     No. I can answer that- no.
Councilor Huddleston:   So there wasn't any -- there haven't been any mailboxes --
Councilor Warmath:      It was just all about Fred.
Commissioner Weeks:     The only other one we had, a construction worker ran over a mailbox. The
                        guy brought it back, and it was fixed up.
Councilor Huddleston:   So it's an isolated incident?
Commissioner Weeks:     Yes, sir. Someone wanted Fred's mailbox. He's famous. He's a very
                        famous individual.
Councilor Huddleston:   I'd say they probably wouldn't get much for it.
Commissioner Weeks:     No, they probably -- a keepsake.
Mayor Fox:              You might want to watch e-Bay.
Councilor Warmath:      Well, fantastic.
Councilor Buhler:       They want to put it in the bedroom or something, I guess.
Mayor Fox:              You know, what the sad part about this is, he's out in the hall and missing all
                        of this, Mr. Burton is. I'm sure someone will tell him.
Councilor Huddleston:   If you're out there, give Fred a call. He's concerned about his mailbox, so
                        you ought to check on him. He's about to have a heart attack over that
Commissioner Weeks:     He's got a new mailbox.
Councilor Huddleston:   He's got a new one?

                                                  9                                05/01/07
Commissioner Weeks:      He does. I think the junk crew got it, seriously.
Councilor Buhler:        If he's going to give a $50 reward, that complaint will go away.
Commissioner Weeks:      We'll put that in the paper for him.
Councilor Huddleston:    That's all I have.
Mayor Fox:               It would take a miracle to get that mailbox back, but it would take more of a
                         miracle to get $50 out of Fred Burton.
Councilor Warmath:       It wouldn't happen. It just would not happen.
Commissioner Weeks:      Can I sit down, Mr. Farmer?
Councilor Farmer:        Yes. While we're having Mr. Fred Burton on the griddle here, which
                         unfortunately, he's not here to hear all this; he did step outside -- I went to
                         the Civic League Banquet and represented you, which I was very happy to
                         do. And Justice Birch was there to give a fine speech. And Fred Burton got
                         the Humanitarian Award. So we need to put that in the minutes for future --
                         that was a very fine reward for Mr. Burton for the work that he has done.
Mayor Fox:           Would you like to get a copy of that award to put in the minutes?
Councilor Farmer:    No. I just wanted those few words to go in there for everybody to know. And
                     here, he comes back in, and we've been talking about him. He'll wonder what
                     we've been saying, with me ending with those comments. Ms. Tilton, could you
                     come to the mike, and let me ask you something, because I got your letter -- and
                     I appreciate it -- about the public notices for annexation and rezoning, which
                     was dated April 20th. Do I understand from this that the policy has been for any
                     public notices on annexation and rezonings for a particular piece of property --
                     that you only send it out to the adjacent touching property?
Ms. Tilton:          The State law requires adjacent properties -- and we have always included
                     across the street as being adjacent.
Councilor Farmer:    Okay.
Ms. Tilton:          Now, we're proposing to go above and beyond that.
Councilor Farmer:    And you are now going to notify property owners within 250 feet of the property
Ms. Tilton:          Correct.
Councilor Farmer:    Well, I think that's an excellent idea.
Ms. Tilton:          And, also, we will be continuing to install the signs, as we have been for several
Councilor Farmer:    I'm sorry. I didn't hear you.
Ms. Tilton:          We will continue to install the signs, as we have for several years.
Councilor Farmer:    Okay. I'm wondering when you have a Planned Unit Development, whether you
                     might should not go little bit beyond 250, because that's the ones we have the
                     most problems with, but again, I'll leave that up to the planning staff.
Ms. Tilton:          When we looked at several other municipalities in terms of what they did, they
                     did not -- they just had a standard requirement.
Councilor Farmer:    You did have some cities that go 500 feet?

                                                     10                              05/01/07
Ms. Tilton:          That's correct.
Councilor Farmer:    Any ones our size? Are they larger or what?
Ms. Tilton:          I would have to go back and look. I don't remember which ones.
Councilor Farmer:    I commend you and the planning staff for at least going out 250 feet.
Councilor Barry:     I was proud to see the letter too. I was curious. How do you measure that 250
                     feet? Where do you start the compass and where does it end?
Ms. Tilton:          With our GIS system, we're able to pinpoint the specific property, and then we
                     tell it to draw a 250-foot radius, and it gives us all of the information.
Councilor Barry:     From each corner of the property?
Ms. Tilton:          Generally, yes. It's not from the middle of the property.
Councilor Barry:     So it's not one single point?
Ms. Tilton:          Right.
Councilor Barry:     And the other question that I've had a few complaints on, maybe not recently,
                     but in the past, is when you are also annexing and rezoning, sometimes the signs
                     won't say both.
Ms. Tilton:          Correct. Our signs say "Annexation." At this time, they don't say "Annexation
                     and Zoning." We can make that change when we order additional signs, if you
                     would like us to.
Councilor Farmer:    That needs to be done.
Councilor Barry:     I think that's a good thing, because it's two different things, and what you get the
                     calls on is "They are annexing, but what's the zoning going to be?" That's the
                     very next question.
Ms. Tilton:          Our signs that say "Zoning" or "Rezoning" do not give the information of what
                     it's going to be. They just give a phone number.
Councilor Barry:     Right. To call to find out?
Councilor Farmer:    Does it say where to call to find out?
Ms. Tilton:          Yes. It has a phone number and an extension, and it goes directly to, I think,
                     Seth's phone.
Councilor Barry:     Thank you. That's all I have.
Mayor Fox:           Mr. Farmer?
Councilor Farmer:    Thank you, Magi. The tree -- you went to it. I didn't get to go there, Ms.
                     Warmath. Do you feel better about it or about the same, as far as seeing their
                     tree efforts?
Councilor Warmath: Well, I feel like there's an open dialogue now. There's some very frank
                     discussion about our perception of their trimming and what we thought it looked
                     like. Again, I think they are doing a utility-oriented job, and we're doing an
                     aesthetics and, you know, environmentally-friendly -- so we have to find a way
                     to come together. The great thing, though, is we are going to take steps. We
                     already are taking steps to become a tree city, with one of those steps being that
                     we'll create a tree board. And on that, you try to have representatives, I guess, a
                     dialogue -- would you say liaison -- with the utility companies and folks that

                                                     11                              05/01/07
                      manage the right-of-ways. Plus, we can also do our own ordinances that
                      actually require that anyone that takes a tree, tops a tree, to do it according to
                      national standards for the arborist.
Councilor Farmer:     That's what I've got real problems with, the way they are cutting these trees. I
                      realize why they have to, but I'll go back to the electric department that we ran --
                      and Jeff knows this -- Mr. Terry Hobbs, sitting in the back, he was in charge of
                      tree-trimming for a long time. Even Terry Hobbs didn't mess up trees like they
                      are messing them up. In fact, he did a good job and was very sensitive to the
                      people there. I mean, generally, you get some complaints. Jeff knows that.
                      You can't please everybody, but I mean, if you start looking at some of these
                      things that are going on, it's pretty bad. Again, I'll get off the trees.
Councilor Warmath: I think the thing that I guess we all need to keep in mind is Middle Tennessee is
                      a co-op. That means you're a member, and I'm a member. Anybody who pays
                      that utility bill is a shareholder. So by having this kind of elevation of the issue,
                      I think it's only going to make it better. I just think that, at this point, they know
                      we're real concerned about what's going on. As time goes on, we'll be able to
                      dictate a little more about how they actually trim in the right-of-ways, any place
                      the city owns, I guess.
Mayor Fox:            We actually have a dialogue.
Councilor Farmer:     Good. One other very quick question. One thing I saw in the minutes, and I
                      bring it up in the minutes that the Mayor asked the city attorney about the ruling
                      concerning the conversation. What you said in there, is that your ruling, or are
                      you going to give us something more about our ability to talk or listen to people
                      that have PUDs? Are we going to expect any more from you, or have you done
                      all you're going to do?
Attorney Wright:      I can give you a written opinion.
Councilor Farmer:     It would be nice, if you would.
Attorney Wright:      Okay.
Councilor Warmath: And especially as we're apt to do it.
Attorney Wright:      Because I had some conversations, and it just kind of, after I already indicated --
Councilor Farmer:     There's a question of whether we could actually talk to people that had PUDs.
Councilor Barry:      What was the final ruling on it?
Councilor Farmer:     I don't know that there is one.
Mayor Fox:            It boils down to the Sunshine Law. You have to respect that. However, you can
                      talk to your constituents. That point was made by Mr. Farmer in our meeting
                      and --
Councilor Farmer:     I think you have got to be very careful about what you say, I think, is the way to
                      say it, Mayor.
Mayor Fox:            You can't try to influence a vote.
Councilor Farmer:     Beg your pardon?
Mayor Fox:            You can't try to influence a vote or be involved in that.

                                                    12                                 05/01/07
Councilor Farmer:     All right. That's all I have. Thank you.
Councilor Barry:      You can't promise to vote one-way or other.
Councilor Farmer:     Not supposed to.
Mayor Fox:            Okay. Mr. Hayes?
Councilor Hayes:      Nothing.
Mayor Fox:            Okay. Mr. Barry?
Councilor Barry:      Well, I had trees on my mind, but we talked a lot about that. I might say when
                      you see that yellow sign, where they might stick that thing, you better call them
                      and then try to be there when they make the cutting. I know I asked them to
                      allow me to be present when they cut my trees this year, and they did. And I
                      stood there and watched them cut the trees to make sure they didn't butcher
                      them, like they did some of the trees in town. And I fully understand why they
                      have to cut trees. The other question, I guess, that came to my mind is do the
                      telephone company and the cable company have some easement right to cut
                      your trees, or do they do that? Maybe Jeff could tell me. But I have seen the
                      telephone company cutting the trees over the years.
Commissioner Baines: A lot of times they are joint-use poles, and of course, the electric company is
                      going to be the first, because they are the ones that stand to lose the most by not
                      trimming them, of course.
Councilor Barry:      And I guess -- I'm not an electrical engineer. I tried to be one time, but I
                      couldn't pass some of those courses that they had. Anyway, I understand,
                      though, that the phone line, too -- it does take something away from the phone
                      or the cable to have trees on there, but when Middle Tennessee comes, their job
                      is just to get the power lines clear, right?
Commissioner Baines: They are trying to keep power and service. That's correct.
Councilor Barry:      And I understand why they have to do that. Many, many years ago, I had a
                      lawsuit involved in that, an old farmer over in Murfreesboro. They were quick
                      to settle. They settled with us and paid him some paltry sum for some trees. If I
                      understand that grievance you sign with Middle Tennessee, they have an
                      easement, pretty well, to come anywhere on your property any time they want
Mayor Fox             Twenty feet on either side of the line.
Councilor Barry:      And they will talk to you about how far they can come and when they can come,
                      and they will argue with you about that 20 feet on the side. I've had several
                      arguments with them.
Attorney Wright:      Their policy regulations say if you become a member, you agree to provide them
                      with that prescriptive easement.
Councilor Barry:      Oh, yeah. You're stuck, and the most recent case we had was the easement to
                      get up to where they could get to a tower, but we all agreed on that.
Mayor Fox:            Okay. Is that all you've got, Mr. Barry?

                                                    13                              05/01/07
Councilor Barry:      I don't have anything else. I do want to thank you for bringing the children here.
                      Did you do that, Miss Patsy?
Attendee:             The whole commission did.
Councilor Barry:      I appreciate that, and I want to compliment the Mayor on letting them come and
                      have their picture made with him. That may not mean a lot to them right now,
                      but as they grow older, that will mean more and more to them. I recall one time
                      -- if I can go back and just tell a short, quick story. Don Franklin and I and
                      about ten others -- maybe Mr. Farmer was in the bunch. They let us all go to the
                      Governor's mansion. The Governor wasn't there, but they let Don Franklin sit in
                      the Governor's chair, and then we all stood around him. And I still have that
                      picture. I wouldn't take anything for that.
Commissioner Baines: How old were you?
Councilor Barry:      Oh, probably, eighth grade.
Councilor Farmer:     Were you Patrol Boys?
Councilor Barry:      Yes, we were patrol boys, where you would stick that flag out in front of you.
Councilor Farmer:     They took us to the prison. Did they take you --?
Councilor Barry:      They took us there.
Councilor Farmer:     It made an impression on me.
Councilor Barry:      didn't want to go back, Mr. Farmer. And the other thing, they took us to see a
                      ball game in --that was kind of a standard thing for a Patrol Boy. Anyway, I'm
                      done, Mayor.
Mayor Fox:            Okay. Was that on- under John Adam's administration or Thomas Jefferson's?
Councilor Barry:      It was a long, long time ago.
Mayor Fox:            Ms. Warmath?
Councilor Warmath: The only thing that I would like -- when we are talking about the signage for the
                      rezoning, at some point, I think we need to go back and mark stub-outs. We
                      think we need to go and take a small, aesthetically-pleasing stencil, and put it
                      right on the pavement and just spray paint that sucker and say this is a temporary
                      stub-out, because I think people are really -- either they don't know or they need
                      to know. That way, it takes it out of the hands of realtor to tell them or not tell
                      them. And it basically presents them a choice: Do you want to buy this house;
                      you may have a road coming through here, or do you want to buy this house;
                      you won't have a road coming through here. I think that's something we need to
Commissioner Baines: Let me address that. We have a plan of action. We've identified all those --
                      we're going to come back in the budget process. It would be several thousand
                      dollars to do them all. We may suggest --I've asked them to look back at what
                      we think are the most critical ones, the ones most likely to be extended in the
                      near future. You know, it would be several thousand dollars for the signage, but
                      we're required now to post signs and to use the red ones, okay? We're required

                                                    14                               05/01/07
                     to do that. So we're looking at doing that, but all of the ones that are out there
                     have been out there for the last twenty years.
Councilor Warmath: Do we have any community service for young people that have to get out and do
                     things because they have got in trouble?
Councilor Farmer:    That sounds like a good Eagle Scout project, doesn't it?
Councilor Warmath: It sure would be. I'm just saying it doesn't have to be anything really, you know
                     -- it just needs to be done, because there's a lot of misinformation. And I really
                     hate fielding that information, when somebody has told somebody something,
                     you know, and I hate that they are in that position. I think that's an easy "do."
                     I'd rather do it sooner than later.
Mayor Fox:           Okay. Anything else, Ms. Warmath?
Councilor Warmath: Nothing.
Mayor Fox:           Okay. Mr. Bittinger, you had something.
Commissioner Bittinger: Yes. I handed out a memo to the Council regarding vacant positions in
                         regard to the current hiring freeze we have on. For these positions, I have
                         listed the department, the title of the position, how long it's been vacant, and
                         the last pay rate the last time we had an employee there. Almost all of these
                         positions relate to outside work that's very active in May and June. I feel
                         these positions are necessary. The temporary positions are really needed,
                         because this is the time of year they are going to do their work or there's no
                         need to hire. The temporary positions consist of Street -- I've got another
                         one. The temporary positions are in Street, General Maintenance, Cemetery,
                         Recreation, Family Life Center, and the Concessions. This is the time of
                         year that if we're going to allow these positions to be hired, the decision
                         needs to be made now. So I would urge the Council to pass a motion
                         allowing these positions to be filled immediately.
Councilor Warmath:       Can we discuss this a little bit?
Commissioner Bittinger: Sure.
Councilor Warmath:       I was kind of hoping we would do that at that level today. And I thought
                         that's what we were doing, and everybody got up.
Commissioner Bittinger: Right.
Councilor Warmath:       The general service administrator -- I think we've already talked about that.
                         I don't think that's even an issue at this point.
Commissioner Baines:     Okay. Let me say I'm not going to post the job just yet, anyway. It's a
                         temporary position. We'll post it in a few weeks, probably, if you agree to
                         post it. I would comment on Public Works. As Hal mentioned, it is that
                         time of the year for us. You can see the reports there. As I mentioned to
                         you the last time, I have a record that will show people leave in late fall/early
                         winter. A lot of those, we don't hire back until this time of year, but at this
                         time, we do need those positions. So we would like to get those folks, that
                         position advertised, and get ourselves staffed up. And morale is little bit

                                                   15                               05/01/07
                          low. And, also, we're struggling to meet the needs in some places, and we
                          need to try to get our spots filled, if we could.
Councilor Warmath:        All right. Let me ask a question here. This is one of those strange things
                          about the way we budget. For example, this maintenance --street, sanitation,
                          secretary, or maintenance, any of these, if you let go -- this position opened
                          up back in August, and you've gone all this time, isn't that funding 100
                          percent of the budget, if they were in there at all?
Commissioner Bittinger: Yes. That's why --
Councilor Warmath:        So this money really hasn't been spent during that period of time?
Commissioner Bittinger: That's right. We normally have vacant positions in the general fund every
                          year, in salaries and benefits, roughly $750,000 that we just have through
                          attrition through the year. And so every month that they don't have the
                          position, you're saving salary, plus benefits.
Councilor Warmath:        So are you saying now we know -- we can just about guesstimate how much
                          we'll get rolled back into the general fund from these?
Commissioner Bittinger: Yes.
Councilor Warmath:        But is that in our dialogue when we're talking about budgeting at this point?
Commissioner Bittinger: No. That's sort of like a hidden safety net.
Councilor Warmath:        Here's my concern. We're sitting here talking about the budget today, and
                          clearly, we've got some financial challenges ahead of us. We're sitting here
                          looking at empty positions. Nobody is in these positions and hasn't been for
                          a small period of time -- or a large period of time. It sort of bothers me that
                          we would open the gates for every position just by one motion, all of these,
                          without talking about, you know, yeah, I need them now or yeah, I need
                          them whenever.
Commissioner Bittinger: Right.
Councilor Warmath:        I'm not comfortable after what we encountered.
Commissioner Bittinger: I would mention one thing. If you want to discuss separately the secretary
                          position, the general services administrator, every other position on here is
                          somebody that you need in May and June. It's very important. You might
                          not have to have them in January through March, but you need them in May
                          and June.
Councilor Warmath:        Would we consider changing the type of position then?
Commissioner Bittinger: No. What I'm saying is that a maintenance worker is going to do --
Councilor Warmath:        I understand. It's summer.
Commissioner Bittinger: It's summer. The job is heavier. Sometimes, Jeff will leave a position open
                          on purpose during the winter if he has a vacancy, because he can do away
                          with it. We're a little bit that way with the meter reader, but now, we're
                          coming up on vacation season also, where we're looking at people leaving
                          for a week or two, and we can't stand a short staff during May and June.
Councilor Farmer:         Can I ask a question?

                                                    16                              05/01/07
Commissioner Bittinger: Sure.
Councilor Farmer:        I hear you, but I look down here on Maintenance, and a maintenance worker
                         has been vacant since August 23rd of 2006.
Councilor Warmath:       Yeah. There's two positions like that.
Mayor Fox:               That's where I froze them before you ever did your resolution. There are
                         two of them still on there that I froze at that time.
Councilor Farmer:        One was Street?
Mayor Fox:               That would just mean that they are needed even more than if they were
                         frozen --
Councilor Warmath:       We did the resolution two months ago.
Mayor Fox: --            for only a short period.
Councilor Farmer:        But that was in August, though.
Councilor Warmath:       This was done this year, the resolution was.
Mayor Fox:               And I commend you for it, but what I'm saying is if you've been able to
                         operate since August, I'm wondering why do you need them now?
Mayor Fox:               There's a point to where you can only go so long. I mean, you can take
                         every one on here and go another five months and say, okay, we don't need
                         any of these people anymore because we've gone that long. People have
                         been in a strain out there.
Councilor Buhler:        Hal.
Commissioner Bittinger: Yes, sir.
Councilor Buhler:        Down toward the bottom, that meter reader, that's a full-time position, right?
Commissioner Bittinger: Yes, permanent.
Councilor Buhler:        Okay. Then Recreation, Cemetery, and Maintenance, those are temporary
                         people, right?
Commissioner Bittinger: Yes.
Councilor Buhler:        Does this mean that's how many temporary people Recreation has now?
Commissioner Bittinger: No. That's how many they are requesting be hired now. They currently
                         don't have any, unless they were previously approved.
Councilor Warmath:       Y-all put the lifeguards through as being an emergency.
Councilor Buhler:        So Recreation doesn't need any more than two?
Mayor Fox:               I think we approved some Recreation -- is William here? Didn't we approve
                         Recreation in one of the other meetings?
Councilor Buhler:        He needs that many just to keep the trash.
Mr. Porter:              I don't know what I turned in. I asked for five more.
Commissioner Bittinger: There are two on this.
Mr. Porter:              I've got three part-time workers that we carry through the winter that kind of
                         help work the park on weekends, help with junior pro football, and that type
                         of thing. They don't get a lot of hours, but we keep them to keep from
                         working a full-time man and having to pay him twice the money that I could
                         would pay a part-time worker.

                                                    17                             05/01/07
Councilor Buhler:        But you need seven, total?
Councilor Warmath:       As of right now, what do you need?
Mr. Porter:              I'm asking for five more, but I'll take what you'll give me.
Councilor Farmer:        That's seven, total.
Councilor Buhler:        Because he's already got two on here.
Commissioner Bittinger: Okay. It was my fault. I misunderstand his comments to me.
Councilor Warmath:       So you need five, just from just what you've got right now, going forward?
Mr. Porter:               through that August period, when ball slows down and all that is done.
                         Then they go back to school or college, or wherever they are at. And we try
                         to keep a couple workers to help us through the winter for, like I said, the
                         park and things like that.
Commissioner Bittinger: Would it make it easier if we first had a motion on all the seasonal workers?
Councilor Warmath:       Yeah. I'd make that motion.
Councilor Huddleston:    I'd second.
Councilor Buhler:        Well, I'll make a motion to do that, and you can second it.
Councilor Warmath:       And add these other ones.
Councilor Buhler:        Yes, and amend Recreation to be five.
Councilor Warmath:       To be five.
Mayor Fox:               You have got your two concession workers on there, also?
Councilor Buhler:        Yes.
Councilor Farmer:        There would be two in Maintenance, two on the Cemetery, and five in
                         Recreation, right?
Councilor Warmath:       Right.
Councilor Buhler:        And then the Jimmy Floyd Center needs --
Commissioner Bittinger: There are seven for the Jimmy Floyd Center.
Councilor Warmath:       That takes care of everybody, Street, the whole thing, for temp.
Councilor Farmer:        Is that the motion?
Mayor Fox                That was the motion and second to add these temporaries.
Councilor Warmath:       Yeah. That was my motion.
Mayor Fox:               All right. Everybody in favor say aye.
(All say Aye.)
Councilor Barry:         Did we get everybody that goes under Seasonal?
Mayor Fox:               We got all seasonals, all temporaries.
Councilor Warmath:       Where is Jimmy Floyd at?
Councilor Buhler:        It's another sheet.
Councilor Warmath:       But we put that in there anyway, so it's all temporaries.
Councilor Barry:         Jimmy Floyd had seven?
Mayor Fox:               Why don't we discuss the others Thursday?
Commissioner Bittinger: Now, I would suggest that we talk about the two maintenance workers. Do
                         we have a motion to add the two maintenance workers?
Mayor Fox:               Why don't you until Thursday?

                                                  18                                 05/01/07
Commissioner Bittinger: Okay.
Councilor Farmer:        You don't have to be.
Councilor Warmath:       You don't have to be. Only when we're --
Mayor Fox:               We can wait, whatever.
Councilor Warmath:       So all the temporaries have been dealt with, have been set free, even some
                         we didn't know we had.
Councilor Buhler:        Does that include anyone in Accounting or whatever?
Councilor Warmath:       No.
Councilor Buhler:        When is that coming? See, it's --
Councilor Warmath:       I know.
Councilor Farmer:        Well, the man is sitting right here. Do you have temporaries?
Commissioner Bittinger: We don't have temporary employees in Accounting. You're talking about
Councilor Buhler:        Well, I just said Accounting, because that's another department. I don't
                         know --
Councilor Warmath:       Seasonal--
Commissioner Bittinger: We don't have seasonal employees in accounting.
Councilor Buhler:        Okay. Does anybody else at City Hall have any kind of seasonal or
                         temporary help?
Commissioner Bittinger: No. The only thing we do have is an --
Councilor Warmath:       Office pool.
Commissioner Bittinger: --office pool where we put in like maybe a thousand hours for the year, and
                         we have certain people --
Councilor Buhler:        And you send them wherever you need them.
Commissioner Bittinger: Yes, wherever they need them.
Councilor Warmath:       But that's in the budget. It's already in there.
Commissioner Bittinger: That's in the budget.
Councilor Buhler:        I just want to make sure everybody got --
Commissioner Bittinger: Yes. That's fine.
Councilor Farmer:        Before we get off of this --
Mayor Fox:               You've got a point. I've been asked for -- you do have to vote on this in a
Councilor Farmer:        That's what I'm trying to --
Mayor Fox:               It says it has to approved by the City Council. The only way you can make
                         that approval is in a meeting.
Councilor Farmer:        Gavel to gavel.
Mayor Fox:               Right. We have the first three items. With two of them, I have had a request
                         for a special call meeting in a couple of days. So we could probably do that
Councilor Warmath:       We live here anyway, Mayor.
Mayor Fox:               So you're going to be here Thursday, anyway.

                                                   19                             05/01/07
Councilor Farmer:      We'll dialogue that then. The Public Works, Streets, and Sanitation secretary
                       has been gone since February 5, 2007. Whose secretary is that?
Commissioner Baines:   Street-Sanitation?
Councilor Farmer:      Yes.
Commissioner Baines:   She worked in the old sewer department with Lorenzo Seay in Sanitation
                       and Wayne Carmack in Street. And, right now, we've been struggling.
Councilor Farmer:      Do what now?
Commissioner Baines:   Well, previously, Betsy White -- she was transferred over to the Sewer
                       Department a few months ago, back in February. She works, day-to-day,
                       underneath Sanitation, Lorenzo Seay, and Wayne Carmack's group.
Councilor Warmath:     But she hasn't been there for two months.
Councilor Farmer:      This is the one that was working for Mr. Gibbs?
Commissioner Baines:   No. That's the Public Works Administration.
Councilor Warmath:     It needs to be all one person.
Commissioner Baines:   And that lady spends --
Councilor Farmer:      I was going to say I think you need to look at combining some of those jobs
                       up there.
Councilor Warmath:     You do.
Commissioner Baines:   Let me just say, the lady that works for Mr. Gibbs could spend six hours a
                       day doing electric permits.
Councilor Farmer:      Yeah. I get complaints from citizens about walking in there and seeing them
                       watching TV. Now, those may be unfounded complaints. That's why I
                       wanted you to go over there and work for a while. I know you can't do it,
                       but --
Mayor Fox:             Okay. We'll do a resolution, and we'll make a list of these employees that
                       can be dealt with Thursday. We'll all be here for budget session anyway. So
                       we'll add that, Miss Lisa, to the special call.
Councilor Warmath:     Can you, like, mix and match, though, when you have the resolution where
                       you can have -- you might want -- like, where you actually put --
Mayor Fox:             You can revise it, as you want.
Councilor Warmath:     That's what I would like to see. I'd like to see us go through every one of
Mayor Fox:             Revise it as you care to.
Councilor Warmath:     I surely would. After us sitting there, I just -- we just need to talk about it.
Mayor Fox:             All right. Anybody else have anything- -that would like to make a report?
(No response )
Mayor Fox:             No. Okay. We're going to move on to other business.
Councilor Barry:       Magi does. You better hurry, Collierville.
Ms. Tilton:            I'm sorry. On everyone's place, tonight, I had a memo. The last meeting,
                       you deferred two items. One was the sign accordance amendment, and one
                       was an amendment to the zoning ordinance, relative to accessory structures.

                                                   20                              05/01/07
                         You-all deferred that to a work session. Are you ready to schedule a work
                         session? Do you want me to wait until after the budget? I just need some
                         direction so that I can be prepared.
Councilor Warmath:       Are you having trouble with issues, specifics?
Ms. Tilton:              This sign ordinance, yes. Publix's center out there wants to put up this type
                         of sign, and it's not permitted. So that's the time sensitivity with theirs, with
                         the sign ordinance amendment.
Councilor Warmath:       What sign is not permitted?
Ms. Tilton:              In a multi-tenant center, this freestanding wall sign is not permitted. Don't
                         ask me why. It's permitted in other districts. So we're not taking anything
                         away. We're adding.
Councilor Barry:         Is this going to address those big blinkers?
Ms. Tilton:              That needs to be addressed pretty soon, though, or we're going to look like
                         Las Vegas.
Councilor Barry:         Yes.
Councilor Warmath:       I think she's asking --
Mayor Fox:               We need a meeting --
Ms. Tilton:              Please.
Councilor Warmath:       -- or do we need to go ahead and tell her to just roll past the budget or -- I
                         told you, we live here.
Councilor Barry:         How long will it take?
Mayor Fox:           With this Council, three months.
Councilor Warmath: It depends on William's got on his mind.
Councilor Farmer:    No, no. I'm not the only one asking questions. I just get all the blame.
Mayor Fox:           Well, we can add --we're meeting at 5:00 Thursday?
Councilor Warmath: Yes.
Mayor Fox:           Can you meet at 4:00 on Thursday?
Councilor Warmath: Oh, why not?
Mayor Fox:           Let's meet at 4:00 on Thursday.
Councilor Barry:     I'll probably be late, but I'll get here as soon as I can.
Councilor Warmath: Can somebody send us some reminders, a postcard?
Mayor Fox:           Well, we'll do the budget part first, so we won't miss anything.
Councilor Barry:     That's right. Do the budget first.
Mayor Fox:           Okay.
Ms. Tilton:          Thank you.
Councilor Farmer:    Are you doing a work session at 4:00 on Thursday?
Councilor Warmath: Can you be there?
Councilor Farmer:    I guess I will. Like I said, I live here.
Mayor Fox:           All right. At 4:00 on Thursday will be the work session. We'll have the special
                     call at 5:00, and then we'll go right from that into the budget.
Ms. Tilton:          Thank you.

                                                    21                               05/01/07
Councilor Buhler:     I just want to be there when the blinking sign --
Councilor Warmath: Would you bring us some glossy photos of what you have in mind?
Councilor Buhler:     What I have not in mind.
Councilor Warmath: What you don't want to see.
Old Business:
Mayor Fox:            I'm not going to ask that question again. Ordinance 06-3069, first reading, to
                      replace Title 22 of Code, designated Code of Ethics. And we worked that thing
                      to death over several months.
Councilor Warmath: What are we doing? What's everybody looking at me for?
Councilor Farmer:     You're supposed to make the motion.
Attorney Wright:      Well, the good news is we got the green light from the State Ethics Commission
                      to pass whatever we want and send them a copy.
Councilor Warmath: So would you like a motion at this point?
Mayor Fox:            I would like a motion and a second and six votes to approve.
Attorney Wright:      This is the policy that City Council wants to adopt for the City --
Councilor Warmath: I would make that motion.
Councilor Farmer:     I second
Mayor Fox:            Motion by Ms. Warmath and seconded by Mr. Farmer.
Councilor Farmer:     I have a question. I want to be sure that all city employees get a copy of this and
                      read it. Now, how are we going to do that?
Mayor Fox:            Well, we've had the training once on this, and I think when we pass the final
                      product, we should do training again, because this is very serious.
Councilor Farmer:     That's correct.
Councilor Warmath: Can we just do this, upon hiring, Jim -- Jim, hello, hello.
Mr. Henderson:        Hello.
Councilor Warmath: Upon hire, basically, just have -- you know, when you have your personnel
                      paperwork you're doing, just have them sign that they have received a copy of
                      the packet and give it to them, on new hires. Then, customarily, you do some
                      type of refresher every year, because things will change. The legislature will
                      change things. So that's just something that we might want to look at, going
Mayor Fox:            Yeah, and we're going to have to go back over absenteeism, the whole thing,
                      with the employees. When we pass the rules and regulations in the personnel
                      manual, we're going to have to come back with an orientation guide. We're
                      going to have to have training, quite a bit of training.
Councilor Farmer:     As long as you're going to do it, that's fine with me. I just want to be sure that
                      they know this is very important, as you said.
Attorney Wright:      Can I make a suggestion?
Councilor Warmath: Sure.
Attorney Wright:      Because it's hard to schedule --

                                                   22                                05/01/07
Councilor Warmath: Yes, it is.
Attorney Wright:      -- every city employee for personal training -- and by personal, I mean these
                      groups we did. Every city employee has been through the training for the policy
                      we adopted in September. There haven't been, as far as they are concerned, any
                      really major modifications of this policy. If I could just make a suggestion for
                      what you're adopting tonight, just send a copy out with a memo that says they
                      have received it and they will read it, and they sign it and turn it in. And I had
                      already planned, even with the last policy, to do annual training. That way, it's
                      one time. It's one group. And it's everybody, all the new hires, the people that
                      come in to work, that sort of thing.
Councilor Farmer:     I think you could do that, Mr. Wright, but you need to be sure they need to know
                      that this is changed since they were trained.
Mayor Fox:            Jim, how much trouble was it to do the training when you brought them in here
                      for Ethics and Absenteeism policy?
Mr. Henderson:        I didn't see any problems with it.
Mayor Fox:            I think we just need to do that again and let them leave them here with that
                      packet, so they can ask whatever questions.
Attorney Wright:      Well, I'll make a motion for Jim to run it all, then.
Mayor Fox:            Well, Jim will run it.
Councilor Warmath: The other thing is that on new board placement, committee placement, if you're
                      having new committee members, they need to have some kind of mechanism to
                      also know -- because this Ethics really extends to everyone that's associated with
                      the City, either a paid job, elected position, an employee. So everyone needs to
                      understand that conflict of interest is just not all about elected officials.
Councilor Farmer:     Including Public Works Committee. There are some people on there that --
Mayor Fox:            They will all receive the training, because it applies to all of them.
Councilor Warmath: It does. And they want it. I mean, they would rather hear it straight.
Mayor Fox:            I sent a letter to Tommy Thompson the other day, and I mentioned board
                      members in that letter --
Councilor Warmath: Good.
Mayor Fox:            That's something I want to reissue to all employees. And I haven't heard back
                      from him yet.
Councilor Warmath: That's good.
Mayor Fox:            But, anyway, it covers everybody that's in a decision-making position --
Councilor Warmath: That's right.
Mayor Fox:            -- or has influence in the city, board or employee.
Councilor Warmath: That's right.
Mayor Fox:            All in favor say aye.
(All say aye.)
Mayor Fox:            None opposed. And 3069 is approved on first reading. Ordinance 07-3127,
                      third reading, to amend Chapter 2, Title 18 of the Code entitled Water Services.

                                                    23                                 05/01/07
Councilor Farmer:   So moved- motion.
Mayor Fox:          Mr. Farmer made the motion.
Councilor Hayes:    I second it.
Mayor Fox:          Seconded by Mr. Hayes. All in favor say aye.
(All say aye.)
Mayor Fox:          Any opposed?
(No response.)
Mayor Fox:          3127 is approved on third reading. Moving to new business, I've had a request
                    that these first three ordinances be in a special call meeting. I think we said we
                    could do that at 5:00 p.m. on Thursday, following our sign ordinance work
                    session and prior to our budget work session.
New Business:
Mayor Fox:          3140, first reading, is to authorize the purchase of two motors for the Water
Councilor Warmath: So moved.
Mayor Fox:          Motion by Ms. Warmath.
Councilor Huddleston: Second.
Mayor Fox:          Seconded by Mr. Huddleston. All in favor say aye?
(All say aye.)
Mayor Fox:          Any opposed?
(No response.)
Mayor Fox:          3140 is approved, first reading. 3144, first reading, to purchase of fireworks for
                    various City-sponsored events.
Councilor Farmer:   So moved, but I've got a question.
Mayor Fox:          Motion by Mr. Farmer.
Councilor Buhler:   I second.
Mayor Fox:          Seconded by Mr. Buhler.
Councilor Farmer:   Apparently, they have changed the law here recently, and I assume these people
                    have that, about having liability insurance --
Mayor Fox:          Oh, yes.
Councilor Farmer:   -- and they have to have certificates and all that.
Mayor Fox:          Oh, yes.
Councilor Farmer:   I just want to make sure --
Mayor Fox:          Oh, yes.
Attendee:           This will be in their policies, too.
Mayor Fox:          They are doing that, and even though we have an interpretation that that is a
                    professional service, we're bidding it.
Councilor Farmer:   Well, you only got one bid, right? I assume that's because you have had --
Mayor Fox:          Well, it's just --
Councilor Farmer:   You've had good work with them. I know that.

                                                  24                              05/01/07
Mayor Fox:           Yes. They do it all electronically. They have all the liability, and they do make
                     you obey all the rules of 1,200 feet.
Councilor Farmer:    I just saw that about the new law, and I just wanted to make sure we were in
Mayor Fox:           Yes. Well, these people, they are not bid against because most people in this
                     part of the country all sprung up from that one company. And we, by using
                     them early in their lives, as a company, you know -- pretty well, they made it.
                     So they do a lot of freebies. They do the Veteran's thing as a freebie. All in
                     favor say aye.
(All say aye.)
Mayor Fox:           Any opposed?
(No response.)
Mayor Fox:           3144, on first reading, is approved. First reading, Ordinance 3145, to approve a
                     revised Sanitary Sewer policy and cost per acre for the connection to and for the
                     extension of existing gravity sewer in the Highway 70/Highway 109 area of
Councilor Buhler:    I'd like to make a motion to approve.
Mayor Fox:           Motion by Mr. Buhler.
Councilor Warmath: I would like to second, but I have a question.
Mayor Fox:           Second by Ms. Warmath.
Councilor Warmath: Is this why we have this map? It's a utility?
Commissioner Baines: Correct.
Councilor Warmath:       A zone?
Commissioner Baines:     It's an area.
Councilor Warmath:       Talk it out. Tell me what it is.
Commissioner Baines:     It's been discussed by I guess, by Public Works. You'll notice there, your
                         map shows Resolution 00-1112. That's a previous order in the past
                         regarding this kind of fee structure. So this updates that. The committee
                         discussed this, I guess, in a couple of meetings, actually. There was some
                         discussion by City Council. Basically, this revises the fee. Also, there's a
                         grandfather clause there for -- I'm not sure of the time you've got my
                         packets, Kathy -- or exactly what month it actually goes into effect. I know
                         there's a window of opportunity here to get in for the old fee. I know it goes
                         from $2,200 an acre to $3,500 an acre. We're only voting tonight on the fee,
                         though, as the mayor mentioned, in the 109/70 area.
Councilor Warmath:       This increases what we had before?
Commissioner Baines:     That's right. Current is $2,200 an acre. It will go to $3,500 an acre,
Councilor Barry:         Did you give them a deadline?
Commissioner Baines:     We will, once it's passed. It's sixty days, I believe.
Councilor Barry:         Now, we're not annexing anybody who doesn't ask us, right?

                                                   25                              05/01/07
Commissioner Baines:   That's correct. This is all about sewer fees in this area.
Councilor Warmath:     If you say, well, all right, we're actually going to implement these new fees,
                       or they go ahead and do their tap fee, pay in advance, like we have done
                       before? What can they do in advance?
Commissioner Baines:   This is strictly to do with special surcharges. It has no effect on any other
                       fees, tap, capacity. Those are --
Mayor Fox:             So cost per acre assessment is going from $2,200 up to $3,500.
Councilor Warmath:     They can pay now the old rate, or wait until it hits them at the new rate?
Mayor Fox:             Again, they have sixty days.
Commissioner Baines:   Sixty days, if you're currently zoned industrial/commercial, if you're
                       currently zoned that way.
Councilor Farmer:      Are y'all going to send out letters to people that are that way, that have not
                       got sewer?
Commissioner Baines:   That's correct. We'll just try to send letters out to anybody that's zoned
Councilor Warmath:     You almost need to post it somehow.
Councilor Farmer:      I thought there was dialogue. And I sat there and listened to the Public
                       Works Committee, and I thought, Mayor, that you were wanting to increase
                       this to the north of Lebanon Road, too. Maybe I misunderstood some of the
                       things that were being talked about during that meeting.
Mayor Fox:             This will be expanded (indicating). It does need to include the northern
                       parcels around 109 and 70.
Councilor Farmer:      Which this one doesn't.
Mayor Fox:             No.
Commissioner Baines:   Remember this only relates to the areas where we've extended graduated
                       sewer. We've not took any sewer to the north, ourselves. This is only where
                       we took gravity to the south. That's the reason there's distinctions. You do
                       something north, you consider that, but it's only going to the pump stations,
                       not to the graduated sewer that we have paid a million dollars to extend.
Mayor Fox:             The thing that they will have to do, anyway, is, subject to engineering and
                       staff recommendations, since they are going to be assessed $3,500 -- and I
                       talked to some developers last week about putting commercial on the
                       northwest quadrant of 109 and 70. So we've already been approached.
Councilor Warmath:     Under the new?
Mayor Fox:             They will be told that.
Commissioner Baines:   And this policy is clear where the City of Lebanon is extending the
                       graduated sewer to a certain parcel. If we don't extend it, it doesn't apply.
Councilor Farmer:      And all of this is south of --
Commissioner Baines:   Well, basically, it's south of Highway 70.
Councilor Barry:       I thought when we talked about it, Jeff-- that we were not going to go past
                       Quarry Road with that.

                                                 26                                 05/01/07
Mayor Fox:              Well, that's on annexation and rezoning. This is assessment. Those property
                        owners we talked to, back at that last annexation and rezoning, they may
                        come in here and want to be annexed and rezoned, themselves, to
Councilor Warmath:      This won't change that, though.
Mayor Fox:              No.
Councilor Barry:        I was thinking when we had the meeting at Public Works that it was going to
                        be, more or less, cut off at Quarry Road.
Mayor Fox:              It should be anywhere in the city limits, in the 109 and Highway 70 area.
                        And I think, Jeff, that you need to -- before we go to second reading on this,
                        I think you need to draw your line to the city limits on the north side.
Commissioner Baines:    This will take three. This actually follows the -- some of it follows the
                        growth pattern, too. We actually had to expand it to come through --
Mayor Fox:              Run your line. Take all the area north of -- the 109 and Highway 70 area.
Councilor Warmath:      Now, if somebody wants to be annexed and brought in, like that
                        circumstance you said might happen, is there going to be a trigger that
                        actually allows that assessment provision to go right on out there?
Mayor Fox:              If they tie into that sewer line, they are going to have to pay it.
Councilor Warmath:      Okay.
Commissioner Baines:    There's a clause there that allows anything to come back -- the Mayor and
                        Public Works to come back to the City Council to veer off from it.
Councilor Warmath:      If they have a deal, though, negotiating out there, I want them to know that
                        this is what they would come under.
Mayor Fox:              You need to make that line show anything north of the 109 and 70
                        intersection and go past as far as Cairo Bend Road, and then come back
                        down your --
Commissioner Baines:    This will take, I believe, three readings, too.
Mayor Fox:              Yes, so we have time to do that. All in favor say aye.
(All say aye.)
Mayor Fox:              Any opposed?
(No response.)
Mayor Fox:              3145 is approved on first reading. And like I said, we do have two more
                        readings on this to make adjustments -- to make amendments now, since
                        we've approved it once. Now, these are the three ordinances that we wanted
                        to have in the special call at 5:00 on Thursday. We want to add, also, the list
                        of employees that the department heads would like to have the positions
                        filled, on that same special call agenda. It has to be on the agenda or we
                        can't deal with it. 07-3146, first reading, rezoning of properties at 200, 202,
                        and 206 Green Street --
Councilor Huddleston:   I would like to make a motion that we defer this to the first meeting in June.
Mayor Fox:              Motion to defer by Mr. Huddleston.

                                                  27                                05/01/07
Councilor Warmath:         Second.
Mayor Fox:                 Seconded by Ms. Warmath to the first meeting in June. Okay. The first
                           meeting in June -- that's June 5th. All in favor say aye.
(All say aye.)
Mayor Fox:                 Any opposed?
(No response.)
Mayor Fox:                 Ordinance 3146 is deferred until June 5th or the first City Council Meeting
                           in June.
          The Regular Called City Council Meeting of May 1, 2007, adjourned at 7:15 p.m.

Attest:                                               Approved:

____________________________________                  ______________________________
Hal Bittinger                                         Don W. Fox
Commissioner of Finance & Revenue                     Mayor


Iva Talley (Court Reporter,
By Jaci Diebner, Secretary)

                                                    28                                 05/01/07

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