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STATE OF TENNESSEE
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
MAY 16, 2006

The City Council for the City of Morristown, Hamblen County, Tennessee, met in regular session at the regular meeting place of the Council in the Morristown City Center at 4:00 p.m., Tuesday, May 16, 2006 with Honorable Mayor Gary R. Johnson presiding and the following named Councilmembers present: Claude Jinks, Frank McGuffin, William Rooney, Rick Trent and Mel Tucker; absent: Councilmember Kay Senter.

Councilmember Jinks made a motion to approve the May 2, 2006 minutes as circulated; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

A public hearing was held on the following captioned Ordinance No. 3245. Councilmember Jinks made a motion to adopt said Ordinance on second and final reading; Councilmember McGuffin seconded the motion and upon roll call, Councilmembers Jinks, McGuffin, Trent, Tucker and Mayor Johnson voted 'aye'; Councilmember Rooney 'abstained'.

Ordinance No. 3245
Entitled an Ordinance to close and vacate certain rights-of-way within the City of Morristown. [Right-of-way closure – Hill Street from the intersection of East First North to East Second North Streets.]

A public hearing was held on the following Resolution No. 07-06. Councilmember Jinks made a motion to adopt said Resolution; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

REOLUTION NO. 07-06
PLAN OF SERVICES

RESOLUTION ADOPTING A PLAN OF SERVICES FOR THE ANNEXATION OF PROPERTIES LOCATED ALONG VALLEY HOME ROAD.

WHEREAS, TENNESSEE CODE ANNOTATED, TITLE 6, CHAPTER 51, AS AMENDED REQUIRES THAT A PLAN OF SERVICES BE ADOPTED BY THE GOVERNING BODY.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND COUNCIL OF THE CITY OF MORRISTOWN, TENNESSEE:

Beginning at a point of intersection of the northeast corner of Parcel 44.00 on Hamblen County Tax Map 41, the Norfolk Southern Railroad Right-of-Way, and the southern edge of the Valley Home Road Right-of-Way; Thence continuing along the common boundary shared by the southern edge of the Valley Home Road Right-of-Way and parcels 42.00, 43.00, and 44.00 of the Hamblen County Tax Map 41 to the intersection of the southern edge of the right-of-way of Valley Home Road and parcels 42.00 and 52.00 of the Hamblen County Tax Map 41; Thence in a southerly direction following the common boundary line shared by parcels 42.00 and 52.00 of Hamblen County Tax Map 41; Thence continuing in a southern direction along the common boundary line shared by Parcel 52.00 and 43.00 of Hamblen County Tax Map 41 to the point of intersection of said parcels and parcel 18.00 of Hamblen County Tax Map 49; Thence in a westerly direction following the common boundary line shared by parcel 52 of Hamblen County Tax Map 41 and parcel 19 of Hamblen County Tax Map 49 to the point of intersection of said parcels and parcel 53.01 of Hamblen County Tax Map 41; Thence, in a northerly direction to the point of intersection of the northern edge of the Right-of-Way of Valley Home Road and parcel 41 of the Hamblen County Tax Map 41.01; Thence, continuing in an easterly direction along the common boundary shared by the northern edge of the Right-of-Way of Valley Home Road and parcels 41.01, 41.00, 30.00, 40.00, 39.00, 38.01, 38.02, 38.00, 37.00, 36.00, 35.00, 34.00, 33.00, 31.00, and 32.00 of the Hamblen County Tax Map 41 to the point of intersection of the Norfolk Southern Railroad Right-of-Way, Parcel 31.00 of Hamblen County Tax Map 41 and the northern edge of the Right-of-Way of Valley Home Road; Thence in a southern direction along the common boundary of the Valley Home Road Right-of-Way and the Norfolk Southern Right-of-Way to the point of beginning.

Section I. Pursuant to the provisions of Title 6, Chapter 51, Tennessee Code Annotated, there is hereby adopted, for the area bounded as described above, the following plan of services.

a. Police

1. Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided upon the effective date of annexation.

2. Traffic signals, traffic signs, street markings and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards.

b. Fire

1. Fire protection by the present personnel and the equipment of the fire fighting force, within the limitations of available water and distances from fire stations, will be provided upon the effective date of annexation.

c. Water

1. Water for potable use will be provided in accordance with current policies of the Morristown Utility Commission unless located in an area in which another utility district has made service available and asserts Title 7 USC 1926b protection in the annexed area.

2. Water for fire protection to serve the substantially developed annexed area(s) will be provided in accordance with current policies of Morristown Utility Commission unless authorized by franchise agreement with another utility district which has made service available with capability to meet City of Morristown Fire Protection Standards. Any extension of water system infrastructure beyond that of the Morristown Utility Commission policies shall be at the expense of the property owner or developer.

3. In those parts of the annexed area that are currently served by another utility district, the above conditions and terms will begin upon acquisition of service area by Morristown Utility System or approval of franchise agreement with another utility district which may be delayed by negotiation and/or litigation.

d. Sewers

The necessary collecting, intercepting and trunk sewers to serve the substantially developed annexed area(s) shall be in accordance with the current policies of the city. Any extension of said sewers beyond that of the city’s policies shall be at the expense of the property owner or property developer.

e. Electrical

1. Electrical service for domestic, commercial and industrial use will be provided at city rates for new lines as extended in accordance with current policies of Morristown Utility Commission.

2. In those parts of the annexed area presently served by another utility cooperative, the above conditions or terms will begin with the acquisition by the city of such cooperatives or parts thereof, which may be delayed by negotiations and/or litigation.

f. Refuse Collection

The same regular refuse collection service now provided within the city will be extended to the annexed area upon the effective date of annexation.

g. Streets

1. Routine maintenance, on the same basis as in the present city, will begin in the annexed area when funds from the State gasoline tax based on the annexed population are received (usually July 1 following the effective date of annexation).

2. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under current policies of the city.

h. Inspection Services

Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, weights and measures, sanitation, etc.) will begin upon the effective date of annexation.

i. Planning and Zoning

The planning and zoning jurisdiction of the city will apply to the annexed area in conjunction with the effective date of annexation. The Morristown Regional Planning Commission recommended a High Density Residential (R-3) Zoning District .

j. Street Lighting

Street lights will be installed under the standards currently prevailing in the existing city.

k. Recreation

Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effective date of annexation. The same standards and policies now used in the present city will be followed in expanding the recreational program and facilities in the enlarged city.

l. Miscellaneous

Street name signs where needed will be installed as new street construction requires.

Section II. This Resolution shall become effective from and after its adoption.

Passed on this 16th day of May 2006.

________________________________
Mayor

ATTEST:

_____________________________
City Administrator

A public hearing was held on the following captioned Ordinance No. 3246. Councilmember Jinks made a motion to adopt said Ordinance on second and final reading; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3246 Entitled an Ordinance to annex certain territory and to incorporate same within the corporate boundaries of the City of Morristown, Tennessee. [Annexation and High Density Residential (R-3) Zoning Classification of the property located along Valley Home Road (Parcel 52, Tax Map 41).]

A public hearing was held on the following captioned Ordinance No. 3247. Councilmember Jinks made a motion to adopt said Ordinance on second and final reading; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3247
Entitled an Ordinance to amend the Municipal Code of the City of Morristown, Appendix B. [Rezoning of property along East Morris Boulevard and on both sides of Daisy Street, (Parcel 23, Group D, Tax Map 34-I and Parcel 12, Group E, Tax Map 34-I), from Light Industrial (LI) to Central Business District (CBD).

Councilmember Rooney made a motion to award the bid for the Copier Lease to PTS – Panasonic in the amount of $3,218.98 per month; Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.

Councilmember Jinks made a motion to award the bid for the bleachers for Sherwood Park to Outdoor Aluminum, Inc. in the amount of $21,777; Councilmember Trent seconded the motion and upon roll call, all voted 'aye'.

Councilmember Tucker made a motion to award the contract for the engineering/design services – Phase I Prima Estates sanitary sewer extension to McGill Associates in the amount of $52,720; Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.

Councilmember Rooney made a motion to award the contract for the FY 2006 Financial Audit to Craine, Thompson & Jones, P.C. in the amount of $34,125. Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.

Councilmember Jinks made a motion to adopt the following captioned Ordinance No. 3249 on first reading and schedule a public hearing relative to the final passage of said Ordinance for June 6, 2006. Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3249
Entitled an Ordinance to annex certain territory and to incorporate same within the corporate boundaries of the City of Morristown, Tennessee. {Annexation and Intermediate Business (IB) Zoning Classification of the property located at the intersection of Cove Road (Old Witt Road) and South Davy Crockett Parkway.}

Councilmember McGuffin made a motion to adopt the following captioned Ordinance No. 3250 on first reading and schedule a public hearing relative to the final passage of said Ordinance for June 6, 2006. Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3250
Entitled an Ordinance to amend the Municipal Code of the City of Morristown, Appendix B. {Rezoning of property located at 1119 Watercrest Street from Medium Density Residential (R-2) to Office, Medical & Professional (OMP).}

Councilmember Jinks made a motion to adopt the following captioned Ordinance No. 3251 on first reading and schedule a public hearing relative to the final passage of said Ordinance for June 6, 2006. Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3251
Entitled an Ordinance to amend the Municipal Code of the City of Morristown, Appendix B. {Rezoning of property located off Cherokee Drive and adjacent to Lochmere Subdivision, (proposed Lochmere Phase VI) from Medium Density Residential (R-2) to High Density Residential (R-3)}.

Councilmember Tucker made a motion to adopt the following captioned Ordinance No. 3252 on first reading and schedule a public hearing relative to the final passage of said Ordinance for June 6, 2006. Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3252
Entitled an Ordinance to amend Chapter 2 – General Provisions (Zoning Ordinance), Section 14-203 (Definitions) to amend the definition of Building Line of Title 14 of the Morristown Municipal Code.

Councilmember Tucker made a motion to adopt the following captioned Ordinance No. 3248 on second and final reading; Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3248
Being an Ordinance of the City Council for the City of Morristown, Tennessee adopting and implementing an ethics policy for the City.

Administrator Crumley announced that Pat Hardy with MTAS would perform the Civil Service Management Study.

Without objection from City Council a resolution authorizing a study on consolidating the City and County garbage collection system was added to the agenda.

Councilmember Tucker made a motion to adopt the following Resolution No. 08-06; Councilmember Rooney seconded the motion. Councilmember Jinks made a motion to amend the Resolution and state that there would be three members from the City; three members from the County; one member from Keep America Beautiful; and one member from the Solid Waste Board. Councilmember Trent seconded the motion to amend and upon roll call, all voted “aye” on the amendment. Upon roll call, all voted 'aye' on the motion as amended.

RESOLUTION NO. 08-06
A RESOLUTION RECOMMENDING AUTHORIZATION OF STUDY FOR CONSOLIDATED GARBAGE.
WHEREAS, On Monday, March 13, 2006 the Consolidated Garbage Task Force (consisting of Hamblen County, Morristown City, Keep America Beautiful, and Solid Waste Board) met for the purpose of studying a consolidated garbage service; and

WHEREAS, Hamblen County now offers county residents a door-to-door garbage service commensurate with Morristown City residents; and

WHEREAS, The Task Force has consensus that many similarities exist in service, size, and equipment; and

WHEREAS, The Task Force has consensus that opportunities for an improved level of service and a lower price may exist; and

WHEREAS, The Task Force recognizes that Morristown City and Hamblen County have demonstrated successful consolidations in the past via the (School System, E911, Consolidated Landfill, Combined EMS, Library, etc.); and

NOW, THEREFORE, BE IT RESOLVED, that on this 16th day of May 2006, the Morristown City Council recommends authorizing the Solid Waste Consolidation Study Committee to proceed with the study for consolidated garbage service in Hamblen County and the City of Morristown. The Committee will consist of three members from the City, three members from the County, one member from Keep America Beautiful, and one member from the Solid Waste Board.

_______________________________
Mayor

ATTEST:

____________________________
City Administrator

Councilmember Jinks nominated Bill Hooks, Tina Dearing and Randal Jolley to the Parks and Recreation Advisory Board for three-year terms to expire June 1, 2009. Councilmember Rooney made a motion that nominations cease and they be elected by acclamation; upon roll call, all voted 'aye'.

Councilmember Jinks made a motion to cancel the July 4th City Council meeting since it fell on Independence Day; Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.

Attorney Lori Jessee, suggested that the City Attorney review the TIMET Option Agreement and determine the best course of action. Councilmember Tucker made a motion to defer action on terminating the Option Agreement with TIMET until the June 6, 2006 meeting; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Mayor Johnson adjourned the May 16, 2006 meeting.

________________________________
Mayor

ATTEST:

_______________________________
City Administrator