The Crossville City Council met for a work session on November 8, 2018. Here is the highlights from that meeting with all of these subjects placed on the agenda for the regular meeting on Tuesday, November 13, 2018:

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.

ORDINANCE AMENDING OPEN BURNING

The council then discussed an ordinance 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.

DISCUSSION ON SOFT FLASHING INTERSECTIONS

Last week, 15 traffic lights in the city went to soft flashing intersections from midnight to 5 a.m. each morning. The council heard an update last night regarding the traffic lights. So far, nothing but positive feedback and no accidents reported in any of the intersections.

INTERLOCAL AGREEMENT REGARDING CRAB ORCHARD UTILITY DISTRICT

The council chose to send an agreement with the Crab Orchard Utility District to its regular meeting for consideration. 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. RECITALS

   WHEREAS, 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; and

   WHEREAS, 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. OBLIGATIONS

   A. 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 entertained 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.

In other action from the meeting, council members approved sending to the regular agenda a concession service contract with Nick’s Italian Ice for the parks and recreation department, sewer requests for three locations on Prentice Street, the purchase of a 2019 Chevy Silverado for the police department, and an application for a grant for the purchase of a security camera.

The meeting ended with Mayor Pro Tem J.H. Graham III instructing Crossville Police Chief Jessie Brooks to provide the council updates with how security in the city can be improved. Graham made the request in light of the shooting the day before in California where 13 people were killed.