The Crossville City Council met last night (Tuesday, November 13, 2018). Here is the highlights and news tidbits from the session:

NOVEMBER STUDENT OF THE MONTH HONORED

The Crossville City Council recognized 5^th grader Brandon Dudding at Martin Elementary School as the latest student of the month. Brandon was suggested by teacher Jeff Smith because Brandon uses manners on a daily basis and exhibits kindness and courtesy in everything he does. This month is “Manners Month” as part of the Community of Character. Dudding was not able to attend the meeting and his award will be sent to him.

HOLIDAY CARD CONTEST WINNERS ANNOUNCED

Winners of the holiday card contest for students in Crossville were honored at the Crossville City Council meeting last night. They are as follows: 7^th grader Costanza Billups at Brown Elementary, 5^th grader Jazmin Montes of Crab Orchard Elementary, 6^th grader Isabel Gasper of Martin Elementary, 7^th grader Olivia Overby of North Elementary, 4^th grader Aivree Stewart of Pleasant Hill, 6^th grader Breanna Looper from Stone Elementary, Elizabeth Oyler from CCHS, Alyssa Berry from Stone Memorial and 5^th grader Heidi Melton from the Christian Academy of the Cumberlands.

HUMANE DOG RESTRAINTS ORDINANCE PASSES FINAL READING

The ordinance pertaining to dog restraints passed last night on third and final reading. It reads as follows:

City Code of Crossville, Tennessee is hereby amended by adding section 10-202.1 Humane Restraint, Shelter, and Minimum Enclosure Guidelines:

1– No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object other than a spiral tie-out stake or permanently affixed anchor which allows 360 degrees of movement. Notwithstanding, a person may attach a dog to a running line, pulley, or trolley system. Any pulley or trolley system must be at least fifteen (15) feet in length and at least four (4) feet and no more than seven (7) feet off the ground.

2- The tether must allow the dog to easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable normal position. Vinyl coated cable is the preferred and recommended material for tethering. (However, if a chain is used, no chain or tether shall weigh more than 1/8 of the animal’s body weight and be appropriate for the size of the dog. Welded metal link chain with links larger than 7/64 inches in thickness cannot be used to tether an animal regardless of the length or weight of the chain.)

3- Any tether shall be at least twelve (12) feet in length and have swivels on both ends.

4- Any tether must be attached to a properly fitting buckle-type collar or harness worn by the animal. Choke collars and pinch collars are prohibited for purposes of tethering an animal to a spiral tie-out stake, pulley system or cable run. A person may not wrap tether around an animal’s neck.

5- A tether used to restrain an animal must, by design and placement, be unlikely to become entangled with other objects or animals or from extending over an object or edge that could result in the strangulation or injury of the dog.

6-It shall be unlawful to tether any un-sterilized female dog during their 24 day period of fertility per TCA 44-8-410.

 7- The dog cannot be tethered (or confined to an outdoor enclosure) during extreme weather, including, but not limited to, extreme heat or near-freezing temperatures, dangerous thunderstorms,unless adequate food, potable water, shade, shelter and protection is provided as outlined in this ordinance. Animals must have access to enter a dwelling during severe weather alerts from the National Weather Service (i.e., tornado watches, floods, etc.,).

8- The animal, while restrained by a tether (or confined to an outdoor enclosure) shall have access to tip-proof potable (sanitary and liquid) water at all times, sufficient food and dry ground.

9-A dog may never be left tethered (or confined in an outdoor enclosure) and unattended on vacant or abandoned property.

10- A dog that has been declared dangerous cannot be tethered. A dog this is demonstrably aggressive cannot be tethered unless a competent adult is present for the duration of the tethering.

11- The following dogs may not be tethered: Sick or injured, pregnant, a female nursing pups, a dog less than six (6) months of age.

12- The animal (tethered or confined to an outdoor enclosure) must be kept in a clean, sanitary and healthy manner and not confined so as to be forced to stand, sit or lie in its own excrement; The animal must be able to defecate and urinate in an area separate from the area where it must eat, drink and lie down. The person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact and keep them free of sharp objects, trash, or debris.

13- Shade, separate from the shelter, either natural or manmade, shall be available at all times to a tethered dog, or a dog confined to an outdoor enclosure.

14- The animal, while restrained by tether or in an outdoor enclosure, shall have access to proper shelter at all times.

15- Proper shelter shall have a weatherproof roof, enclosed sides, a doorway, a solid floor raised at least two inches above the ground. No interior surfaces shall be metal. The shelter shall have an entryway that the dog can easily enter and sufficient in size for a dog to stand, turn around, lie down, and exit in a natural manner. The shelter shall have adequate ventilation and protection from temperature extremes at all times. The shelter shall be small enough to retain the animal’s body heat and large enough to allow the animal to stand up and turn around comfortably. The enclosure shall be structurally sound and in good repair. Bedding, such as wood shavings, straw or other material, shall be provided in sufficient quantity for insulation. Bedding shall be kept dry.

16- Any dog confined within a permanent outdoor enclosure must have adequate space for exercise. A minimum of 100 square feet is required. Dogs over 75 pounds must have an additional 50 square feet. Seventy-five square feet is required for each additional dog kept within the same enclosed area. This requirement shall not apply to portable, temporary kennels.
17- Any dog tethered or confined must be provided reasonably necessary medical care to prevent suffering, in addition to the required rabies vaccination.

Exceptions: Hunting and Working Dogs as defined below:

Of Hunting Dogs. As used in this Paragraph, the term “hunting dog” means a dog actually used to lawfully hunt game in TN or another State of the United States under a valid hunting license issued by the State where the hunting occurred during the then present year or the year previous, and with respect to a dog of less than eighteen (18) months of age, a dog that has had training toward hunting lawful game in TN or another state of the United States. The owner of the dog relying on the dog’s status as a “hunting dog” under this paragraph may establish a prima facie case of such status by providing to a law enforcement officer with a sworn written statement setting forth the specific facts establishing that the dog is a “hunting dog” within the meaning of this paragraph. This exception shall not apply to unsterilized female dogs as noted in paragraph 6.

Of Working Dogs. As used in this Paragraph, the term “working dog” means a dog that functions in a herding, service, therapy, or K-9 capacity and is only exempt when working in that capacity.

ORDINANCE AMENDING OPEN BURNING

The council approved an ordinance on first reading amending rules and conditions of open burning within the city limits. The amended ordinance is as follows:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CROSSVILLE, TENNESSEE AS FOLLOWS:

SECTION I That Title 7, Chapter 6, be deleted in its entirety and replaced with the following:

§ 7-601 PURPOSE. The purpose of this chapter is to regulate certain open burning in order to protect the public from the hazards of uncontrolled fires and pollution. This chapter will not relieve the person who will be burning from complying with T.C.A. §§ 39-14-305; 39-14-401; 68-102-146; and 68-211-101 et seq.

§ 7-602 DEFINITION OF TERMS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTHORITY HAVING JURISDICTION. The organization, agency, office, department or individual responsible for approval or enforcement.

OPEN BURNING. “Open Burning” is the burning of any matter under such conditions that products of combustion are emitted directly into the open atmosphere without passing directly through a stack. Open burning includes, but is not limited to, fires located or burning in a pile on the ground, a barrel, a fire pit, or other semi-enclosure.

PERMIT. The written authority of the city issued under the authority of this chapter.

PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, an agency, authority, commission, or department of the United States government, or of the State of Tennessee government; or any other legal entity, or their legal representative, agent, or assigns.

WOOD WASTE is defined as any product which has not lost its basic character as wood, such as bark, sawdust, chips and chemically untreated lumber whose “disposition” by open burning is to solely get rid of or destroy. Plant life of a herbaceous nature, such as leaves, whether attached, fallen, and/or collected, evergreen needles, and grasses, are not considered “wood waste”. Additionally, manufactured lumber products, such as plywood, fiber board, particle board, and paneling, are not considered “wood waste”. Painted or artificially stained wood is not considered “wood waste”.

§ 7-603 STANDARDS FOR OPEN BURNING.

Open burning, as listed below, may be conducted subject to specified limitations. This shall in no way relieve the person responsible for such burning from the consequences, damages, injuries, or claims resulting from such burning.

It shall be unlawful for any person, as defined herein, to conduct an open burn within the corporate limits of the city without a permit.

(A) No person shall willfully start or cause to be started any open fire within the corporate limits of the city without first obtaining a burn permit from the city.

(B) Prevailing winds at the time of ignition must be away from any dwelling, structure, highway or other populated area, the ambient air of which may be significantly affected by smoke, fly ash or other contaminates from burning.

C- Burning shall not be initiated when it is determined by the Fire Chief or his or her designee, based on information supplied by the National Weather Service or other competent authority, that stagnant air conditions or inversions exist, or that the conditions may occur during the duration of the burn.

500. Burning shall not be initiated when it is determined and or announced by the State Fire Marshal that dry, drought, high wind or other hazardous conditions exist to prohibit burning either statewide or in regions affecting the geographical or corporate limits of the city.(E) Burning shall not be initiated when it is determined and or announced by the Fire Chief or his or her designee that dry, drought, high wind or other hazardous conditions exist to prohibit burning within the corporate limits of the city.(F) The following items are NOT permissible to burn in the Corporate Limits of Crossville or the State of Tennessee: · Tires and other rubber products · Vinyl siding and vinyl shingles · Plastics and other synthetic materials, PVC · Paper products, cardboard and newspaper · Asphalt shingles, and other asphalt roofing materials and demolition debris · Asbestos-containing materials · Paints, household and agricultural chemicals · Aerosol cans and food cans – Treated lumber or items containing natural or synthetic rubber, or materials made with hydrocarbons shall not be burned or used to ignite the material to be burned or to promote the burning of the material · Building material and construction debris · Buildings and mobile homes · Coated wire · Household trash · Most vegetation not grown on site(G) No burning shall be permitted within 50 feet of any structure or dwelling.

     (H) All fires must be attended to and under the direct supervision at all times of a person or persons that have sufficient capability and equipment to provide for complete extinguishment of the fire as needed.

     (I) Fires used for cooking of food or for ceremonial, recreational or comfort-heating purposes, including barbecues, campfires, and outdoor fireplaces shall not require a burning permit.

     (J) With the exception of permitted bonfires and campfires and items in Line item (I), all fires shall be completely extinguished at least one-half hour before dark.

     § 7-604 PERMITS. Burn permits will obtained from the Fire Chief or his or her designee.

     (A) Permits issued under this chapter shall be under either one of two classes; Residential and Commercial:

     (1) Residential class permits are for leaves, natural materials, wood waste and vegetation grown on the property of the burn site under three cubic yards and may be issued by the Fire Chief or his or her designee by telephone or online. Residential class permits shall be good for one day from 7:00 a.m. to one-half hour prior to sunset. (2) Commercial class permits are for wood waste materials in an amount of three or more cubic yards and require a written permit and a site inspection by the Fire Chief or designee. Commercial permits shall be valid for the calendar year of issuance unless specified differently by the Fire Chief or designee.

(B) All permits issued under this chapter shall record the name of the person undertaking the burning and with emergency contact information, and shall specify the specific address and area in which the burning is to occur, the type and amount of material to be burned, the duration of the permit and other factors as are necessary to identify the burning which is allowed under the permit.

(C) Burn sites containing three cubic yards or more of material shall be inspected by the Fire Chief or his or her designee prior to the issuance of the written permit.

(D) Permits shall not be issued when it is determined by the Fire Chief or his or her designee, based on information supplied by a competent authority, that stagnant air conditions or inversions exist, or that the conditions may occur during the duration of the burn.

(E) Permits shall not be issued when it is determined or announced by the State Fire Marshal that dry, drought or other conditions exist to prohibit burning either statewide or in regions affecting the geographical or corporate limits of the city.

(F) Permits shall not be issued when it is determined or announced by the Fire Chief or his or her designee that dry, drought or other hazardous conditions exist to prohibit burning within the corporate limits of the city.

(G) Permits shall not be issued without the approval of the authority having jurisdiction when it has cited the person or designated the burn site as being in violation of federal, state or municipal laws.

(H) The city through the Fire Chief has the authority to revoke a permit and to extinguish a fire for any reason affecting the health, safety or welfare of the city.

(I) The Fire Chief has the authority to provide additional supplemental conditions, written on the permit, when in the best interest of the health, safety and welfare of the city it is required.

§ 7-605 PENALTIES. Any person violating the provisions of this chapter, or of any permit issued under the authority of this chapter, or any provisions herein, shall be subject to the general penalty provision of this code of ordinances. Each day of violations shall constitute a separate offense. The penalties provided in the section shall be separate and apart and not in lieu of all other civil or criminal penalties which may be imposed under the laws of the state or the city.

INTERLOCAL AGREEMENT REGARDING CRAB ORCHARD UTILITY DISTRICT

The council approved an agreement with the Crab Orchard Utility District. The agreement is as follows:

Interlocal Agreement For Collection Of Water/Sewer Bills And Enforcement Of Delinquent Accounts For Shared Customers This Agreement is made and entered into by and between the CITY OF CROSSVILLE, TENNESSEE, a Tennessee Municipality (hereinafter referred to as “City”), and CRAB ORCHARD UTILITY DISTRICT, utility district created under the Utility District Act of 1937 as amended, T.C.A. § 7-82-101 et seq. (hereinafter referred to as “Utility”).

1. RECITALSWHEREAS, Tennessee Code Annotated § 12-9-104 authorizes all local governments to contract with each other to provide a governmental function or service that each party to the contract is authorized to perform individually and in which the contracting parties are mutually interested, the act further authorizes a local government to enter into an agreement with a Utility provided it is not to create a for profit entity; andWHEREAS, The City of Crossville is a Municipal Corporation organized under the laws of Tennessee, and;WHEREAS, Crab Orchard Utility District is properly created under the Utility District Act of 1937, and is duly organized and functioning in accordance with the laws of the State of Tennessee, and;

   WHEREAS, City and Utility represent that each is independently authorized to perform the functions contemplated by this Agreement, and;

   WHEREAS, both the City and Utility find it mutually desirable to enter into this Agreement, and;

   WHEREAS, the City provides sewer services to certain joint customers who are within the Utility service area and the Utility provides water to those same joint customers, and;

   WHEREAS, the City does not have a mechanism to enforce or cut off delinquent accounts for sewer services and cannot cut off the water to certain joint customers who hold delinquent accounts, and;

WHEREAS, the Utility being the water provider, has an enforcement mechanism and ability to cut off the water to joint customers who hold delinquent accounts, and; WHEREAS, the City of Crossville and Utility are interested in working together to provide optimal services for their joint customers, and;

WHEREAS, in order to provide such optimal services, the City and Utility need the abilities and mechanisms in place to insure payments by account holders;

NOW, THEREFORE in consideration of the mutual benefits and promises each to the other made herein, the parties named above do hereby agree as follows:

2. OBLIGATIONSA. The Utility shall be responsible for reading the meter of all joint customers and providing a monthly report listing the joint customers name, account address, water usage, and sewer usage.B. Both the Utility and City shall continue to bill joint customers individually.C. The Utility shall discontinue providing water to any joint customer whose sewer account is delinquent upon notification from the City.

   III. INDEMNITY

   Subject to the limitations as to liability and damages in the Tennessee Tort Liability Act and without waiving its governmental immunity, each Party agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused or asserted to have been caused directly or indirectly by any other Party to this Agreement, or any of its officers, agents or employees, or as the result of its performance, or any of its officers, agents or employees, under this Agreement. I

   V. GENERAL PROVISIONS

   A. Severability Clause: The parties intend for the various provisions of this Agreement to be severable so that the invalidity, if any, of any one section (or more) shall not affect the validity of the remaining provisions or sections.

B. This document may be executed in any number of original signature counterparts, each of which shall for all purposes be deemed an original, and all such counterparts shall constitute one and the same document.

100. This agreement shall become effective upon the signature of both parties and shall have an initial term of five (5) years and shall have to option of renewal upon the agreement of both parties for five (5) additional two (2) year terms.D. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entity.E. This Agreement shall be interpreted in accordance with the laws of the State of Tennessee and venue shall be in the Cumberland County Chancery Court.F. This Agreement represents the entire agreement of the parties and supersedes any verbal or written representations of, to or by the parties to each other.

     G. Notices to either party shall be sufficient if sent in writing; postage pre-paid, registered or certified mail to the duly elected Mayor of the party or the duly appointed Chairman or Director of the Utility District.

     H. The parties agree that they will cooperate with each other in all matters that are reasonably necessary or desirable to facilitate the performance of their respective obligations under this Agreement. Each of the parties hereto further agrees to do any act or thing and execute any and all instruments that are reasonably necessary and proper to make effective the provisions of this Agreement and consummate the transactions contemplated under this Agreement.

INTERCHANGE BUSINESS PARK/SITE DEVELOPMENT CONTRACT EXTENSION

The council then approved an extension with Robert Clear Coal Corporation for a two week extension to the length of a contract regarding the Interchange Business Park site development. The reason was placed on unusually high rainfall amounts that created unexpected blasting and material removal schedule delays.

AGREEMENT WITH CMC FOR BLOOD SAMPLES FOR THE CROSSVILLE POLICE DEPT.

The council reviewed an agreement with Cumberland Medical Center for blood samples of ones suspected of driving under the influence for the Crossville Police Department.

According to the agreement, blood will only be drawn from a suspect when law enforcement presents the hospital with a legal and valid search warrant for the blood test. The officer must first have probable cause to charge the offender with DUI prior to requesting the blood test.

The cost to the city for each blood test performed will be $14.

The council instructed the city attorney to finalize the agreement with Cumberland Medical Center.

OTHER ITEMS CONSIDERED BY THE CROSSVILLE CITY COUNCIL

In other action from the meeting, members approved an ordinance amending the 2018-2019 fiscal year budget for dog park equipment. Also approved was submission of an application for Public Entity Partners Property Conservation Matching Grant Program for a security camera.

A 2019 Chevy Silverado 4 wheel drive at a cost of just over $42,000 for the Crossville Police Department was approved.

A three-year contract for broadband services for city buildings, city parks and the airport from Ben Lomand was accepted by the council. Cable services for two televisions in city buildings also was approved.

CITY MANAGER REPORT TO THE CROSSVILLE CITY COUNCIL

City Manager Greg Wood gave his monthly report to the city council.

The City of Crossville saw high sales-tax collections last month. The city took in $695,206. That is the highest total for any October dating back to fiscal year 2012-2013. In wholesale beer tax year to date, the city collected $199,794. In liquor sales for this fiscal year so far, the city collected $117,710.

Wood then presented the city council with the latest monthly report (October 2018) from the police department. It states officers made 151 arrests, took 9 juveniles into custody and wrote 79 citations last month. Of the offenses noted, 14 were burglaries followed by theft from vehicles, shoplifting, fraud and vandalism. Officers also responded to 125 accidents. The Crossville Fire Department responded to 16 vehicle accidents.

WYATT AND HARRIS HONORED FOR THEIR SERVICE TO THE CITY COUNCIL

Crossville City Council members Danny Wyatt and Pamela Harris were honored for their service to the city last night. Both were presented plaques from Mayor James Mayberry. They will be replaced by Art Gernt and Rob Harrison, who won their races for the city council earlier this month.