CITY OF BANEBERRY The commission meeting was called to order by Mayor Chuck Summers on August 1, 2013 at 6:45 p.m. Those present were Mayor Chuck Summers, Vice-Mayor Robert Fandetti and Commissioner Clint Hurley. The Mayor led those present in the pledge of allegiance. The minutes from June 6, 2013 (there was no July meeting) were provided to council members prior to this meeting for review. Copies were available for those in attendance. Upon a motion by Clint Hurley to accept the city commission minutes, seconded by Robert Fandetti, the minutes were approved with yeas from Chuck Summers, Robert Fandetti and Clint Hurley. The treasurer s report was presented as follows: General ** Vol. Fire Dept. St Street Aid BI* Project Note Previous Balance $409,460.34 $ 0.00 $188,066.63 $40,306.39 $613.32 $241.66 Receipts 9,044.38 15,000.00 31,010.40 3.91.00 0.00 Disbursements 63,483.90 131.22 0.00 0.00 0.00 0.00 Balance (6/30/13) $355,020.82 $14,868.78 $219,077.03 $40,310.30 $613.32 $241.66 General ** Vol. Fire Dept. St Street Aid BI* Project Note Previous Balance $355,020.82 $ 14,868.78 $219,077.03 $40,310.30 $613.32 $241.66 Receipts 7,443.65 0.00 1,095.00 2.54.00 0.00 Disbursements 17,850.82 3,486.22 0.00 0.00 0.00 0.00 Balance (7/31/13) $344,613.65 $11,382.56 $220,172.03 $40,312.84 $613.32 $241.66 **Includes CD s of $147,660.54 *Includes CD s of $30,000.00 The City Commissioners were also provided the year-end financial summary. Upon a motion by Clint Hurley to accept the treasurer s report, seconded by Robert Fandetti, the treasurer s report was approved with yeas from Chuck Summers, Robert Fandetti and Clint Hurley. The City Manager reported the following: 1. Met with John Abe Teague who is an aide for U.S. Congressman Phil Roe. Congressman Roe will be here on Tuesday, August 13, 2013, to do a town hall meeting. The City Manager explained what would happen at the town hall meeting. Please support our community and Congressman Roe and attend the meeting. 2. Budgets have been completed, submitted to the State and the State has approved them. 3. Mowing issues from a few months back have been taken care of. There have been other mowing issues that required letters to be sent out as well as issues pertaining to the golf course (which will be addressed in the open forum section). The Planning Board chairperson reported the following: 1. A training opportunity coming up in November will be attended by members of the planning board.
2. The planning board has been asked to address a noise ordinance. There will be a planning board workshop on Thursday, August 29, 2013, 6:00 p.m. to look into this issue. The Road Commission Chairman reported the following: 1. The Iron Gate project is still continuing. 2. Replaced a tile on New Bern Ct. 3. We have an issue on W. Atherton. The culvert is stopped up. It s at the vicinity of the entrance to the cemetery. The pipe is 4 and is not enough to carry the drainage. We cannot find who owns the property. It is in the right-of-way. The Road Chairman is asking the city commission for input on whether or not to put in a new culvert. Terry Harris from Witt Utility has stated that if the city buys the pipe he will put it in. A 12 pipe will be enough and should cost approximately $200. The Road Chairman s recommendation is that the city take care of it, if we cannot find who is responsible. The city commissioners have advised the road chairman to take care of it. 4. The Mayor stated that where we have curbs in the city, we will enforce the issue of mowers leaving grass on the streets. The grass in these situations does not blow back onto the property and it blows up against the curb and creates problems for the city. Our ordinance addresses this issue and we will be enforcing it. The City Manager stated that if we know who the mowers are, we can send out letters advising them of this issue. 5. We are still dealing with issues on dogs. They are either dropped off in here or they belong to residents who do not have them properly tagged. Our only recourse is to get animal control in here. Karl Kammann stated that he has some issues with cats getting out of control. 6. Issues regarding off-road vehicles came up again. This has been a major problem for the police department. The City Manager again stated that residents have to be pro-active and call 911 or the dispatch number. Park & Recreation Chairperson reported the following: 1. Even though the rain did not cooperate, we had a very good 4 th of July celebration. Food that was left over was donated. The Willis had some horses here, gave the young kids rides, so the gift card purchased for best golf cart was given to them. Lots of volunteer help. Police Chief John Yancey was absent. The following was presented by the City Manager. June 184 Hours 285 Miles Old Vehicle 1277 Miles New Vehicle 101 Gal. of Fuel 1 Part-Time Chief 9 Part-time Officers Of the 35 shifts scheduled 7 went into the early6 a.m. hours July 195 Hours 78 Miles Old Vehicle 1563 Miles New Vehicle 106.2 Gal. of Fuel
1 Part-Time Chief 9 Part-Time Officers 5 Assists Of the 37 shifts scheduled 3 went into the early a.m. hours. The City Manager asked the City Commissioners for guidance. When we started the police force it was to provide some extra patrols in the area. We had 5 officers, and then we hired a chief. When we had the 5 officers it was supposed to be 100 hours. When we hired the chief it was supposed to be 130 hours. The hours are starting to creep up. Do we want this to continue? Do we want to cap the hours? It is serving a purpose the way we are going? What? The Commission response was it is in terms of our operating budget. We started out with 5 officers, then a chief. The chief added some reserve officers in case the main officers couldn t come in. Now the reserves are maxing out. Just something the City Manager is concerned about. The Mayor stated that around budget time we would re-address this issue. The Fire Chief Mike Romines presented the following report: June 3 Mutual Aid 1 Motorist Assist 1 Fire Alarm 1 MVA July 2 Residential Fire Alarms 1 Medical Call Diabetic 1 Search & Rescue Missing person David Hobson, the web editor, was absent. The City Manager presented the City Commissioners with an up-date provided by David. Doug Drinnon was absent. Under open floor: 1. Mr. Jerry Boston addressed the city commissioners regarding code enforcement issues with the city and the golf course. Issues included: a. noise (ATV s, dogs barking, etc.) in the area of Hazelwood/Back Nine Dr. The noise issue is being addressed by the Planning Board along with a proposed ordinance.. b. Downed trees (which includes stumps) on the golf course. Disposal of down trees on the golf course (dumping behind #12 green). Mr. Boston showed pictures he had taken to the commission, stating that this area could be seen from the neighbors swimming pool. c. Motorhome and un-registered vehicles parked on Back Nine Dr. Jess addressed the issue of the motorhome and the vehicle. Jess stated that he has talked to each of the owners of these vehicles. He had given the owners 10 days to comply. The motorhome had been moved but then was brought back. Jess call the owner twice and got an answering machine, he left a message stating 5 days from this date (day of message) you will be receiving a citation each day that the motorhome is still there. Robert Fandetti asked if we could post a notice on the vehicle and have it towed away.
REMEMBER, OUR CODE ENFORCEMENT OFFICERS ARE VOLUNTEERS. THEY DO NOT RECEIVE ANY COMPENSATION. THEY ARE ALSO DEALING WITH FRIENDS AND NEIGHBORS. THERE IS NO REASON TO BE CONTROVERSIAL IN DEALING WITH PEOPLE ON THESE ISSUES. 2. Billy Van Arnsdale, Manager of the golf course, addressed the issues that Mr. Boston stated. Mr. Van Arndale asked Mr. Boston to show him on the pictures where there were taken in relation to the owners swimming pool. a. The golf course did start removing the stump today, because the golf course was too wet to mow. Mr. Van Arnsdale stated that when the golf course was owned by the Kammann s, had as much overtime as they wanted to address issues on the golf course. Mr. Van Arnsdale stated that he is under strict rules that he cannot allow any overtime. Mr. VanArnsdale, stated the tree behind #12 is one tree (in 2 pieces) that came down during a storm. It s a hickory tree and the stump they removed. They do need to remove it and get it out of there. The Kammann s had Phil as a volunteer employee to deal with these type issues. Mr. Van Arnsdale does not have a volunteer employee. The Mayor asked if it was their intent to take care of these issues it even if it means going into the fall/winter season when they are not mowing. Mr. Van Arnsdale confirmed that to be true. b. Ponds: The ponds were treated 3 different times for mosquitoes this year. c. Mowing issues on the golf course: A common practice on the golf courses these days. It s call no-mow, an area where golfers cannot play, if they do hit a golf ball there it s rare, it s cost-saving, gas-saving. The Mayor wants to check to see if the golf course is in any way exempt from our mowing ordinance. The intent of the Mayor is to have the Planning Board and the golf course come together and determine where we can approve areas where the golf course can have hazard areas. 3. Tim Wilson addressed the commissioners on speeding on Harrison Ferry Rd. Also 4 wheelers. Tim Wilson suggested speed bumps on Harrison Ferry Rd. Harrison Ferry Rd. is an artery road and cannot put in speed bumps. Clint Hurley says no. It will cause more problems. The 4 wheelers are being addressed in both the noise ordinance and also operating a vehicle in Baneberry ordinance. We have to be careful because of the golf carts. 4. Rick Powers again addressed the issue on Stone Way Ct. a. His application to get Stone Way Ct. either paved or graded was rejected. He has talked to a grader and he says the problem is when the
Under old business: water company put in the water line they put dirt on top of the ditches. Is they a way to get the water company to fix the problem? Jess stated that there is only one (1) road that is not paved in Baneberry that is a city street, and that is Iron Gate Dr. All the other roads in the back are private property. The reason we made Iron Gate Dr. a city street is it gives us another exit street out of Baneberry. Jess has talked to Terry at Witt Utility District twice and we cannot get anything out of them. The City cannot address it because it is on private property. That road is strictly private property. The water line was put in as a deal between one of the owners and Witt Utility District. Jess reminded Mr. Powers of the letter he sent him from our attorneys; we are not allowed to use tax dollars on private property. b. What is the procedure for repairing the road? Since it is private property Mr. Powers cannot do it. Jess told Mr. Powers that to pave or grade and gravel the road that to put one of these projects together under our facilitation program takes a lot of time. We put it together not too long ago and it was shot down because you have one (1) property owner who owns several lots and he cannot bond his share. He shot it down. It all has to be paid for by the property owners. Unless all of the other property owners can come up with a solution to cover his part, the city is not going to take any responsibility in paying his part. The Mayor stated that if all the property owners came up with a solution to pave his portion of lots, then the city would look into it. It would be better if all the property owners would get together and agree to accept the responsibility, if you want a gravel road, for those other lots as well as their own. You need to find out the cost, as it might not be that expensive. Until we can look at the facilitation process, we cannot spend a cent up there. The main thing is all the property owners have to take responsibility for the costs of the road. 1. There was no old business. Under new business: 1. The City Manager presented the request from the White Pine School PTO for a donation towards their Cyclone Chase 5K. The City Manager stated that we have donated $50 in the past few years. Therefore, upon a motion by Chuck Summers to donate $50, seconded by Robert Fandetti, the motion passed with yeas from Chuck Summers, Robert Fandetti and Clint Hurley. 2. The community burn area was addressed. In the past we have had a partnership with the owners of the property (which is private property), the golf course (Kammann s) and
the city. The city would maintain the property, by mowing and keeping the road graded. The golf course would burn periodically. Since the golf course had been sold to Warrior Golf, the burn pile had not been burned. The City paid $500 to have it burned one more time. Later the city was advised by our City Attorney and our insurance carrier that there would be a liability issue if the city continued to burn. Therefore, a motion for the city to opt out of the community burn area by Chuck Summers, seconded by Robert Fandetti, the motion passed with yeas from Chuck Summers, Robert Fandetti and Clint Hurley. The City Commissioners also decided that the residents are responsible to dispose of their own yard waste, either they can burn on their own property following the city s burn ordinance, or they can haul it to the county landfill. 3. City Ordinance#213-8: Operating Motor Vehicles in Baneberry, Tennessee. The Ordinance was presented and discussed. Upon a motion by Clint Hurley to accept this ordinance, seconded by Robert Fandetti, the ordinance passed the 1 st reading with yeas from Chuck Summers, Robert Fandett, and Clint Hurley. 4. The Ordinance to authorize plumbing and mechanical inspections required by law was tabled. There being no further business and upon a motion from Clint Hurley, seconded by Robert Fandetti, the meeting adjourned at 9.07 p.m., with yeas from Chuck Summers, Robert Fandetti and Clint Hurley. Respectfully submitted, Charles H. Summers Mayor Attest: Pat Lunsford City Manager/Recorder THIS IS A TRUE AND EXACT COPY. ACTUAL ON FILE