- 1 - MINUTES COMMUNICATIONS FROM THE MAYOR

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1 MINUTES OF MEETING, ATHENS CITY COUNCIL, JUNE 21, 2005 The Athens City Council met in regular session on Tuesday, June 21, 2005, at 6:00 P.M. with Mayor Proffitt presiding. The invocation was given by Council Member Myers; and upon roll call, the following members were present: The following decisions were made and ordered made a part of the records of the Athens City Council MINUTES The Minutes of the regularly scheduled meeting held on May 17, 2005, were submitted and approved by unanimous consent COMMUNICATIONS FROM THE MAYOR PRESENTATION OF VIVID AWARD FOR MAY Vice Mayor Perkinson presented the Very Important Volunteer Individual Award for the month of May The Animal Clinic located on Rocky Mount Road was recognized for significant community service in support of the City of Athens Animal Shelter. Representatives in attendance to receive the award included clinic veterinarians Carey Lowery and Scott Curtis. PRESENTATION OF VIVID AWARD FOR JUNE Council Member Myers presented the Very Important Volunteer Individual Award for the month of June Harrison Hart and Shawna Whiting were recognized for their Good Samaritan assistance to a local senior citizen (Ruby Dodson, 80 years of age) recently in need of transportation to and from the downtown area. In acknowledging their kindness to Mrs. Dodson, staff members of the City of Athens Finance Department declared Harrison and Shawna Good Samaritans for sacrificing their personal time and vehicle to be a good neighbor to Mrs. Dodson and for truly portraying Athens as The Friendly City. PROCLAMATION AMATEUR RADIO WEEK Mayor Proffitt read a proclamation declaring the week of June as Amateur Radio Week. On behalf of the local club, representatives Lynn McConkey and Chris Bindrim invited the Council and members of the audience to participate in the annual field day exercise on June at the Knox Park pavilion. The Council expressed appreciation for the service provided to this community by the local Amateur Radio operators.

2 - 4 - PETITIONS AND REQUESTS AUDIENCE Mayor Proffitt opened the meeting for petitions and requests from the audience. Dr. Dale Kennedy, owner of Dogwood Dental Care located at 1911 South Congress Parkway, requested the removal of a signal box (in conjunction with the signalization of the newly realigned Dennis Street extension) which has recently been placed on state right-of-way US11 that fronts his business. It is Dr. Kennedy s contention that the signal box was placed directly in front of his existing landscaping, which is the focal point of his property. Dr. Kennedy stated, I have agreed, if it requires it, to pay for moving the eyesore. After brief comments, Dr. Kennedy s request was referred to work session for continued discussion. (For more discussion and action relative to this request, see Item #16/Page #6 of these Minutes.) REPORTS FINANCE DEPARTMENT REPORT In the absence of Finance Director Mike Keith, City Manager Moore presented the Finance Report for the month of May After brief discussion and comments, the report was accepted as presented. POLICE DEPARTMENT REPORT Chief Chuck Ziegler presented the Police Department Report for the month of May After brief discussion and comments, the report was accepted as presented. FIRE DEPARTMENT REPORT Chief Bob Miller presented the Fire Department Report for the month of May After brief discussion and comments, the report was accepted as presented CONSENT AGENDA As discussed during recent work session, Mayor Proffitt presented the Consent Agenda for consideration. Upon request by Council Member Pelley, the following items were considered separately: 1.) Approve Resolution No to authorize the execution of a revised Lease Agreement with Angela Seaton McLoughlin for Recycling Center property located on Rocky Mount Road. The revised agreement has been negotiated at a cost of $350 per month for a period of six years. Upon motion by Council Member Pelley, seconded by Council Member Myers, Resolution No was approved by the following roll call vote:

3 2.) Approve City of Athens Budget Amendment No. 3 dated June 1, 2005, for FY 2004/05, as submitted/recommended by city staff. Upon motion by Vice Mayor Perkinson, seconded by Council Member Pelley, Budget Amendment No. 3 was approved by the following roll call vote: 3.) Appoint Stan Harrison to fill vacancy on Recreation Advisory Board, with term expiring 6/30/2009. Upon motion by Council Member Pelley, seconded by Vice Mayor Perkinson, Mr. Harrison s appointment to the Advisory Board was approved by the following roll call vote: 4.) Reappoint Johnny Coffman to Recreation Advisory Board, with term expiring 6/30/2009. Upon motion by Council Member Myers, seconded by Council Member Alvey, Mr. Coffman s reappointment to the Advisory Board was approved by the following roll call vote: 5.) Reappoint Carter Runyan to Athens Utilities Board, with term expiring 6/30/2009. Upon discussion, Council Member Pelley voiced opposition not to Mr. Runyan s service rather to individuals serving on city committees over ten years. He noted at the end of Mr. Runyan s reappointed term, he will have served on the Utilities Board in excess of 13 years. Upon motion by Council Member Myers, seconded by Vice Mayor Perkinson, Mr. Runyan s reappointment to the Utilities Board was approved by the following roll call vote: Alvey, Myers, Perkinson, Proffitt Pelley ORDINANCES ORDINANCE NO. 929 SECOND/FINAL READING PUBLIC HEARING AN ORDINANCE TO ADOPT A BUDGET AND SET THE TAX RATE IN THE AMOUNT OF $1.29 ON EACH ONE HUNDRED DOLLARS ASSESSED VALUE OF TAXABLE PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS, TENNESSEE, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, In a memo dated June 14, 2005, Finance Director Mike Keith advised that Ordinance No. 929 has been amended since its first reading by incorporating the Athens City Schools budget summary for 2005/06, as required by the Local Finance Division of the State Comptroller s Office. Upon the reading of the caption by the recording clerk, Mayor Proffitt opened the Public Hearing on Ordinance No There being no one present wishing to discuss the Ordinance, Public Hearing was closed.

4 Motion was made by Council Member Myers, seconded by Vice Mayor Perkinson, to approve Ordinance No. 929 on Second and Final Reading. Upon discussion, Council Member Pelley distributed a proposed amendment, noting its similarity in content to the amendment presented on May 17, Based on this action, motion was made by Council Member Pelley, seconded by Council Member Alvey, to amend the budget by reducing projected expenditures in the amount of $127,679 and by further authorizing a transfer of funds in the amount of $110,000 to offset the projected shortfall in sanitation. During discussion, Council Member Pelley contended that the sanitation fee increase (from $6.50 to $7.50), which has been proposed in Budget Ordinance No. 929, is not an assessment but a tax increase on the citizens of Athens. Regarding the proposed amendment, Vice Mayor Perkinson requested an explanation of certain line items projected for reduction. Council Member Pelley advised some of the reductions include the elimination of salary increases for the city manager and department heads; the elimination of food expenditures for meetings; the elimination of coffee expenditures for City Hall; and the reduction of departmental travel expenditures. During continued discussion, it was noted and Council Member Pelley confirmed that no cuts have been proposed to coffee line items for Police, Fire, and Public Works. Vice Mayor Perkinson along with other council members expressed concern in that elimination of coffee expenditures for City Hall not only eliminates coffee for selected employees, but it also eliminates the availability of coffee for committee meetings or for visitors to City Hall. Relative to other reductions proposed through the amendment, Vice Mayor Perkinson expressed support of city staff members, especially the City Manager and department heads, noting a necessity to retain welltrained people and to compensate those individuals with competitive wages and benefits. Vice Mayor Perkinson also spoke in opposition to Council Member Pelley s proposed cuts to the Contingency Fund (from $51,400 to $17,000), noting his preference would be to increase funding in the Contingency Fund based on the City s current $12,000,000 budget. Council Member Myers stressed that Budget Ordinance No. 929 keeps the property tax rate at $1.29 and stressed that the proposed sanitation increase is a user fee and should not be perceived as a tax increase. Council Member Alvey advised she has reviewed the proposed budget cuts as presented by Council Member Pelley and does not agree with the deductions as a whole. It was her contention that Council failed the citizens relative to this budget by not coming together and directing the City Manager and department heads to make the cuts necessary to eliminate the need for the sanitation increase. After additional comments and upon roll call, the amendment to the Budget Ordinance, as proposed by Council Member Pelley, failed by the following vote: Pelley Alvey, Myers, Perkinson, and Proffitt Immediately following the vote, motion was made by Council Member Pelley, seconded by Council Member Alvey, to direct the City Manager and department heads to amend the proposed budget by reducing the projected General Fund expenditures by one percent (1%). After continued discussion and upon roll call, the amendment failed by the following vote: Alvey and Pelley Myers, Perkinson, and Proffitt After additional comments and upon consideration of the Main Motion, Budget Ordinance No. 929 was adopted on Second/Final Reading by the following roll call vote: ABSENT: Myers, Perkinson, Proffitt Alvey and Pelley

5 OLD BUSINESS MID-EAST TENNESSEE REGIONAL FAIR REVISED AGREEMENT The City of Athens recently approved the execution of an agreement with the Mid-East Tennessee Regional Fair for the use of the Regional Park by the Fair. Upon review of that agreement by the Fair s Executive Committee, the following changes have been suggested: amend Section (1) by deleting the language 30 days and inserting in lieu thereof the language six (6) months; amend the last sentence of Section (6) by inserting the language of dates for use of city facilities by the Fair after the words This schedule; and amend Section 16 to reflect new wording stating Overnight RV stays on any City owned property are subject to State of Tennessee law and requirements. Based on these proposed amendments, the following resolution was presented for consideration: RESOLUTION NO A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO APPROVE AN AMENDED AGREEMENT WITH THE MID-EAST TENNESSEE REGIONAL FAIR FOR USE OF THE CITY OF ATHENS REGIONAL PARK. The caption of Resolution No was read by the recording clerk. Motion was made by Council Member Pelley, seconded by Council Member Alvey, to approve Resolution No , and upon roll call, the Resolution was approved by the following vote: MID-EAST TENNESSEE REGIONAL FAIR PROPOSED DRAINAGE PLAN During the regular meeting on March 21, 2005, the City Council authorized the Mid-East Tennessee Regional Fair to utilize two sites of the Regional Park, with final approval being contingent upon the submission and acceptance of a drainage study being conducted by a qualified engineering firm. Pursuant to that action, Mr. Carl Thompson of the Thompson Engineering Group, LLC was present to present a drawing or layout dated June 14, 2005 (Project No ) of the proposed amphitheater development as it relates to the Fair s request for Midway & Motor Sport sites adjacent to that development. It was Mr. Thompson s professional opinion that the amphitheater and the Midway & Motor Sport events can co-exist without jeopardizing the City s master plan for future development of the theater site. Mr. Thompson did refer to the possibility of relocating five or six trees but felt these trees could be successfully replanted in another location of the park without damaging the trees. Upon questioning by council members, Mr. Thompson estimated the distance between the Midway & Motor Sport sites to be roughly 100 feet and the distance between the proposed amphitheater and the Midway to be 20 to 30 feet. Mr. Thompson also verified that the amphitheater can be accessed by vehicle on the backside of the property. It was further reported that the Midway site could be used as parking for the proposed amphitheater. Upon authorization by the Council, Mr. Thompson acknowledged that he would move forward and produce the necessary drainage study as it relates to these properties. After further review and comments, motion was made by Council Member Pelley, seconded by Council Member Alvey, to adopt the proposed layout as submitted by Thompson Engineering Group, LLC. Upon roll call, the motion was approved by the following vote:

6 Council expressed appreciation to Mr. Thompson for his efforts on behalf of the City of Athens and the Mid-East Tennessee Regional Fair NEW BUSINESS ATHENS CITY SCHOOLS BUDGET AMENDMENT NO. 1 FY 2004/05 Mayor Perkinson welcomed representatives of the Athens City Board of Education, Chairman Mike Bevins and staff member Diane Frank. Mayor Proffitt presented Budget Amendment No. 1, as approved by the Board of Education during its regular meeting on June 13, As discussed during recent work session, the proposed budget amendment adjusts revenues and expenditures for the period ending June 30, 2005, as needed. After brief comments and upon motion by Council Member Pelley, seconded by Council Member Alvey, Budget Amendment No. 1 for the Athens City Schools was approved by the following roll call vote: ATHENS UTILITIES BOARD BUDGET FOR FY 2005/06 Upon approval and submission by the Athens Utilities Board of Directors, Mayor Proffitt presented the 2005/06 budget for AUB Power, Water, Gas, and Wastewater divisions. Motion was made by Council Member Myers, seconded by Vice Mayor Perkinson, to approve the Athens Utilities Board s budget for year ending June 30, 2006, as submitted. After brief discussion, the motion was approved by the following roll call vote: COMMITTEE APPOINTMENT VACANCY ON LIBRARY COMMITTEE Mayor Proffitt presented a letter from Mr. Hal Buttram, Chairman of the McMinn County Library Board. In the letter, Mr. Buttram advised that Thelma Pikciunas has completed two terms as a member of the Library Committee; and in compliance with the Library Bylaws is not eligible to serve another three-year term. The letter further recommends the appointment of Dr. Robin Pierce, a resident of 1603 Wood Creek Circle and retired Athens City Schools superintendent, to fill the vacancy left with the expiration of Ms. Pikciunas term on June 30, As noted during recent work session, committee applications on file for this board appointment include Dr. Pierce (application dated May 14, 2005), Ms. Elisabeth Thorpe of 208 Blount Street (application dated October 24, 2004), and Dr. Floyd Jack Bowling of 119 Shawnee Trail (application dated September 9, 2003). Council Members expressed their appreciation of all three applicants, acknowledging each possesses qualities beneficial to the Board. After brief discussion, motion was made by Council Member Pelley, seconded by Council Member Alvey, to approve the appointment of Elisabeth

7 Thorpe to serve a three-year term on the McMinn County Library Board. Upon roll call, the motion was approved by the following vote: REVIEW BIDS/ISSUE CONTRACT FOR CEMETERY MAINTENANCE As discussed during recent work session, city staff acknowledged receipt of two bids for monthly cemetery maintenance costs as follows: Total Lawn Care - $2,050, with option to treat for fire ants ($10 per mound); and Chilhowee Greenhouse - $2,075, with fire ants option calculated at $2,400 per year. In a memo dated June 2, 2005, city staff acknowledged both contractors could satisfactorily accomplish the mowing, weed-eating, etc. of the cemeteries; however, it was felt that the opening/closing of graves requires adequate equipment and experience is preferred. It was further reported that Chilhowee Greenhouse, who serves as the City s current cemetery maintenance contractor, has provided satisfactory service and is experienced in opening and closing gravesites. Therefore, as noted in the memorandum, city staff recommended approval of the Chilhowee Greenhouse bid based on the following factors: minimal difference in monthly bid costs ($25); past experience in grave openings/closings; and the fixed option for fire ant treatment. The following resolution was presented for consideration: RESOLUTION NO A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF ATHENS, TENNESSEE, AND CHILHOWEE GREENHOUSE FOR CEMETERY MAINTENANCE OF DESIGNATED CITY CEMETERIES. The caption of Resolution No was read by the recording clerk. Motion was made by Council Member Pelley, seconded by Vice Mayor Perkinson, to approve Resolution No After brief discussion and upon roll call, the Resolution was approved by the following vote: MANAGER'S REPORT City Manager Moore presented the Manager's Report. He reviewed progress of current city projects/meetings scheduled during the months of June and July. In reviewing the Dennis Street realignment/signalization project and Dr. Kennedy s earlier request for relocation of the traffic signal box, City Manager Moore suggested that Council consider its decision on Dr. Kennedy s request instead of waiting until the July 11 work session. He advised that waiting would further delay the completion of the project and the opening of the intersection. It was noted that the relocation expense has been estimated at $5,100. City Attorney Trew cautioned the Council relative to setting a precedent concerning future requests for the removal of objects from public rights-of-way. There was discussion about who would be responsible for the costs of the relocation Dr. Kennedy, the City of Athens, or the possibility of splitting the costs between the City and Dr. Kennedy. After additional comments and upon consensus by the City Council, city staff was authorized to move

8 forward with the relocation of the box and to defer discussion of the payment options until the July 11 work session. ADJOURNMENT There being no further business to come before the meeting and upon motion duly made and seconded, the meeting adjourned at 8:00 p.m. JOHN M. PROFFITT, Mayor MITCHELL B. MOORE, City Manager