BETHEL SPRINGS

The Bethel Springs Board of Aldermen meets at 6:30 p.m. on the first Monday after the first Thursday of each month at the Bethel Springs City Hall.  The board meets in working session at 3:30 p.m. on the first Thursday of each month, and the meeting is open to the public.


Bethel Springs’ mayor is Norma J. Smith (934-7021), whose current term expires in 2010.

Bethel Springs has four aldermen, two of whom are up for election every two years.  The current aldermen, with the year they come up for reelection, are:

    Vernon Hickman (934-7246)      2010
    Shirley William (934-9568)        2010
    Bob Graham (934-4326)             2008
    Bobby Gray (934-4303)              2008

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We need someone to cover the Bethel Springs town board meeting on the second Monday evening of each month.  If you have reasonable writing skills and a willingness to devote a few hours a month to the cause of keeping your fellow citizens informed about what is going on in local government, please give Guy Townsend a call at 731/645-8173, or email me at guy@guytownsend.com.  Here's your chance to advance the cause of democracy in McNairy County by making possible the "informed citizenry" which is essential to a functioning democracy.

 

Town Board Meeting

Monday, 7 July 2008 

After getting the preliminaries out of the way (the minutes were unanimously approved on a motion by Bob Graham, seconded by Bobby Gray; the water and police reports were unanimously approved on a motion by Graham, seconded by Shirley Williams; and the financial statements were unanimously approved on a motion by Gray, seconded by Williams), the Bethel Springs town board began its July meeting by symbolically spitting in the eye of long-time Police Chief T.E. “PeeWee” Sowell, and the meeting was fittingly ended more than an hour later by Sowell “thanking” the board for its “support.”


Personnel pay raise requests


Mayor Norma Smith presented to the board Sowell’s request that his salary be raised from its current level of $17,680 to $21,632.  Although Sowell has served as police chief for nine years, his salary is the equivalent of $8.50 an hour, and he had submitted a request that that rate be raised to the level of the town clerk, who is presently paid $10 an hour.


After Bobby Gray made a motion to give Sowell the raise he was asking for, Bob Graham signaled the unsympathetic hearing Sowell’s request was about to receive: “I guess I’ll second it,” Graham said unenthusiastically, before adding, “so we can have discussion.”


Mayor Smith pointed out that “the local average for a police chief is forty-two to forty-nine thousand a year, and the national average is seventy-four thousand a year.”


Before the discussion could proceed any further, Shirley Williams observed that the question of a raise for the police chief had been tabled at the previous board meeting, so it needed to be untabled in order to be discussed.  She made a motion to that effect, which was seconded by Hickman and passed unanimously.


Included in the proposed 2008-2009 budget, which the board would take up later in the meeting, was a 4% pay raise for all town employees, and Graham repeatedly evidenced concern about whether Sowell’s requested raise would be in addition to that 4%.


Williams also appeared to be cool to the idea of raising Sowell’s salary more than the blanket amount. “I’m the one that voted in June that we put it on the table and do a little research,” she said, “and I talked with our town attorney, and she in turn talked to Ronnie Neill at MTAS, and he suggested that we just have a straight across-the-board raise, he said, would be the best thing for a town this size.”


After some further discussion, Williams said “I have no problem with anyone getting a raise, but my concern last meeting was that we did not really have any type of guideline or policy that covered that.  We just arbitrarily, giving people raises.  So, are we still going to continue to do that?  Are we going to use across the board?  Which one are we doing, is all I would need to understand.”


“We’ve agreed to give all the employees a 4% raise,” Mayor Smith said.  “The chief of police would like an additional raise, to be equal to $21,632, in addition to that.  Now if I’m not mistaken, I think some of the information that the attorney and Ronnie Neill gave you was that it wasn’t feasible to have a personnel board—”


“For evaluations and such as that,” Williams interjected.


“—for evaluations and for pay policy,” Smith continued.  “And if I’m not mistaken I think in the ordinance that we passed last month, the personnel administration was assigned to the mayor in that ordinance.”


“So, again,” Williams said, “in answer to my question, then what are we going to be following?  Is it just going to be open, and the mayor—”


“No,” Smith said, “we’re going to be giving them a 4% raise.”


“Right,” Williams agreed.


“That’s what we approved last month,” Smith continued.  “And now we’re considering do we want to increase PeeWee’s pay from $17,680 a year to $21632 a year.  And that would be at $10 and hour.  The local average is forty-two to forty-nine thousand a year.”


After more back and forth about the blanket 4% raise, Graham again showed his lack of enthusiasm. “  guess what I’m trying to say is, I don’t have any problem with making a raise, as long as we do what we’re supposed to.  But if you based everything on 4% when you done your budget, do we have the extra money, now?  You see what I’m saying?”


“PeeWee’s budget request was received before I did finish the budget,” Smith replied.  “His is factored in.”


“One other question,” Williams persisted.  “In the future we will always just go by a request from the employee, and we will do that if we have the money.”


Smith replied that the board would go by “what’s in the ordinance.”


“Yeah, I know, I know it’s in the ordinance,” Williams responded.  “What’s in the ordinance is that, ultimately it will come from the mayor and then the board will vote on it.  Is that correct?  Is that what we’re doing here?”


When Mayor Smith replied in the affirmative, Williams said “I’m just trying to get it clear where we’re, what we’re exactly trying to do, and what will happen, you know, in the future.”  She paused for a moment, and then continued.  “The mayor will act on a request coming from an employee and bring it to the board to be voted on.  Is that fair, to say that?”


“I tell you what,” Mayor Smith said, turning to town recorder Nancy McClain, “why don’t you go get the municipal code and they can look at the ordinance they approved last month?”


“I know what we approved last month, Mayor,” Williams said impatiently, apparently unaware that her numerous questions indicated just the opposite, “but I’m just asking is that what we’re going to be doing in the future from now on, so that we’ll understand?”


“That is what the ordinance says,” Smith said, patiently.


“Okay, we just need a simple yes or no, okay?” Williams replied huffily, as though it was the mayor who was being unreasonable, rather than Williams herself.  “That’s all that’s necessary,” she added sanctimoniously, before telling the recorder, “You can call for the vote, if, if— I’m through with my part of the discussion.”


In the vote that followed Aldermen Graham, Williams, and Hickman all voted against raising the salary of the police chief (who had worked for the city for nine years) up to the level of the town recorder (who had worked for the town for about one year).  Smith and Gray voted in favor of giving Sowell the raise he had requested, but the motion failed, and Bethel Springs’ police chief’s salary for 2008-2009 will be $18,387.20.  At the end of the meeting, Sowell let the board know how he felt about what the board had done.


Sowell was not the only town employee who had requested a raise above the blanket 4%.  Utility department employee Rodney Steen had asked for a dollar-an-hour increase (from $7.50 to $8.50), plus what he was pleased to call “back pay” (which amounted to a request for additional pay for continuing to work a 40-hour week when another department employee was off sick), as well as a cost of living increase.


The board voted unanimously (if needlessly, since it already applied to him) to give Steen the 4% blanket raise, but Gray’s motion (seconded by Williams) that Steen also receive a dollar-an-hour raise was defeated by a three-two-vote, with Mayor Smith joining with Graham and Hickman in voting against it.  During the discussion of Steen’s request for “back pay”—moved by Gray and seconded by Williams “so we can have discussion”—Williams asked if Steen had “put in any extra hours” during the period for which he was asking for “back pay,” and Mayor Smith replied that he had not.  The motion failed when only Bobby Gray voted for it.


2008-2009 Budget


“The next item is the budget adoption for the year 2008-2009,” Mayor Smith said when the personnel matters were concluded.  “A public hearing was held on the 23rd of June to hear comments for or against items in the budget.  The public hearing started at 6:30 p.m. and ended at 7:00 p.m.  There were no public comments, to or from the public.  The hearing was attended by myself and Alderman Bob Graham.”


Smith pointed out that “The budget includes 4% pay raises for the employees.  It did factor in a pay raise for the police chief.  That will have to be deducted back to his current pay.  It does include an annual amount for a code enforcement and part-time clerk.  It does include purchase of multi-use equipment, not to exceed $20,000, financed for five years at 5%, and that’s a high estimate.”


“The board will conduct quarterly budget reviews,” Smith continued, and “the next year’s budget process will begin in February.  The property tax rate for 2008-2009 will remain unchanged at .61.  And the public notice in the Independent Appeal will stay the same.  Is there a motion to adopt the budget for ‘08-’09?”


“And the only pay raise in here is the 4%?” Hickman wanted to know.


Smith acknowledged that was so and then asked again, “Is there a motion to adopt the budget?”


“I’ve got another question about it,” Graham said, then he asked,  “ff we buy PeeWee a new car, or whatever—” Sowell’s wife, Katie, interrupted to say “He don’t need a new car, Bob,” then Graham continued,  “—if we buy him a new car we’re going to finance it?”


Mayor Smith agreed that was so, then Graham made a motion that the budget be approved, which was seconded by Vernon Hickman.


“And then,” Smith said, before the roll was called, “one other note is to adopt the budget as modified, because I have to redo the police chief’s pay in the budget.”  The budget was then approved, with Bobby Gray casting the lone no vote.


Zoning Ordinance—Flood Hazard Areas


“The next item on the agenda is in regard to the national flood insurance program,” Smith said before adding, in reference to the forty-five pages of documentation each board member had received, “and you’ve probably got more than enough information than you wanted to read.  In a nutshell, what it consists of is an ordinance, and the ordinance is to amend the current zoning ordinance that we have, to include provisions governing the flood hazard areas.  So that’s what the ordinance is.  An ordinance, in order to be adopted, has to be read at least twice.  Tonight is only the first reading, and in order to adopt this we do have to have a public hearing to give the public the opportunity to make comments either for or against adopting a, the national flood insurance program.  The ordinance is to amend our current zoning ordinance to include the provision governing flood hazard areas.  So that’s what the ordinance is.  You also have in there a resolution of intent, but it is not adopted until after a second reading and adoption of the ordinance.  But what the resolution of intent says is that the Town of Bethel Springs, it is our intent to require the recognition and evaluation of flood, mudslide, or flood related erosion hazards in all official actions relating to land use in areas having these hazards.  And in it, according to that resolution, the Town of Bethel Springs would be required to ensure that we have a code enforcement officer to carry out those intents.  That’s what the resolution says.”


“A question,” Shirley Williams said.  “It says that the planning commission is supposed to review that?”


“The planning commission needs to review it,” Smith confirmed.  “It came from the state.  You got it when I did.”


Smith explained that “All of the information came from, as far as the draft of the ordinance, the resolution, and then the information that we have on the national flood insurance program, it all came from FEMA.  Because the entire town is being considered to participate in the national flood insurance program.  And I say, I think like the end of September or October I mentioned that we would probably be getting contacted by them to participate in the program, and that’s what this is.  They went ahead and drafted everything for us to consider.”


“So it enables them to get the necessary insurance?” Williams asked.


“Right,” Smith replied.  “The national flood insurance program is—  As a community we can participate in it voluntarily, but participation in the program makes flood insurance available to the residents at a reasonable cost and provides some level of protection with flood insurance.  And then they remind us that it should be noted that no federal financial assistance such as loans, grants, insurance, guarantees, or disaster assistance for flood-caused damages currently available for acquisition or construction of buildings in the town of Bethel Springs.  And, that you can’t get assistance unless you participate in the national flood insurance program.”


Williams asked, “So the next step is for the town to actually have a meeting to decide to do this?”


“We probably should,” Smith agreed.  “I do know that the state did, back in September and October, they got our zone coordinates, and that’s how they were able to draft it.  There should be another little fact sheet on there for you for the national flood insurance program as far as benefits.”


Smith continued with her explanation. “This was the national flood insurance program.  It provides flood insurance rates that are a little bit decreased from normal insurance rates for property owners.  It can also provide flood plain management to enhance public safety, reduce damage to property and public infrastructure, avoidance of economic disruption in law suits.  It also provides technical assistance in designing and implementing some activities available at no charge.  That means free.  And some of the pros, since we are a small and impoverished community, instead of normally, any type of grant you have to match something, but since we are small and impoverished it would only be a 10% match instead of a 25% match, so that’s kind of like a pro.  It’s also a con, because we have to match 10%.  Some of the type of assistance that the town can apply for are protective measures for utilities, such as water, roads, and bridges.  And that includes storm water management, such as culverts and retention basins.  And then, of course, it could include equipment, such as generators for backup to the compound.  The cons to it, that I’ve pulled out if it would be that we have to match 10%.  Even though we’re poor and small, we still have to match something, and then the zoning ordinance does require us to have that code enforcement officer, and then they would also serve as the administrator of that.  And that— you’ll see that in that resolution of intent.”


Summing up, Smith said, “So as a process, it would work like this.  We would have a first reading tonight.  We would have to advertise a public hearing, and give them a 15-day notice.  That means probably the earliest that we could have a public hearing, in order to get it in the newspaper, would be the 7th of August.  And then at the August executive session we would have the second reading, with adoption or not, based on the input that we get from the public.  And once it’s adopted, then we do the resolution of intent.”


The first reading passed by a unanimous vote on a motion by Williams, seconded by Graham.


* * *

 

Smith continued. “The next item on the agenda is, back toward the end of last year we put in for the TDOT enhancement to improve downtown.  Normally, those advanced grants when you submit them, we would not get the results of until close to the end of this year, but normally they consider them for the next year as well, if you’re not awarded the TDOT grant.  This year they’re changing that, and they’re not going to sort of carry over the grant application from year to year.  So, do we want to resubmit the downtown project that we have for the next year’s cycle?”


“I move that we reapply for the grant,” Williams said, and her motion, seconded by Gray, passed unanimously.


Vernon’s bluegrass


The last item on the agenda proved to be the most contentious: Vernon Hickman’s bluegrass request.


“What I would like to be approved by the board,” Hickman began, “is that I would be in charge, and what money was made would be turned over to the clerk on Monday morning.  And, if, I think they said that, Buddy [Sisk] was talking about we needed a bigger amp, share the load with and have a better sound system.  And I would see what that would cost, but it would be paid for out of the income we would take in as we have process.  I’m not sure what it would cost, but I can bring it back before y’all and let y’all approve that I do that.  And that I would be in charge of it.  And all of it would be volunteer, and what money—  And any organizations here, or if you know of any body that would want to take the concession stand, then that would be fine with me for doing that.  If you don’t, well we’ll run the concessions.  I’d just like it be approved that I be in charge of it.  To use the best of my knowledge, and run it to the best of my knowledge, and that decisions, you know, that I have to make, so as long as I have authority to do so.”  The fifteen first-person singular pronouns in Hickman’s opening paragraph, including three repetitions of the phrase “I would [or will] be in charge,” set the tone for what followed.


Mayor Smith observed that “Last month you brought it up, and I think we suggested that— you were going to get some volunteers.”


“I can put it on,” Hickman said, ignoring the mayor’s point that Hickman had failed to produce any volunteers.  “I just want it to be approved by the board.”


“Well,” Smith began, “when you say ‘put it on—’”


“I just,” Hickman interrupted, “I don’t want it to come up at a meeting, and them say you did this or you let them.”


“—who’s going to be putting it on?” Mayor Smith said, finishing her question.


“The town,” Hickman replied.  “Just like we did before.  The town will be putting it on, and anybody that wants to volunteer to help me put it on, that’s fine.  They can take up the door, or whatever they want to do.  It don’t matter to me.  But I’ll take all the volunteers that want to help.”


“Who’s going to be contacting the bands?” Smith asked.


“Well, I’ll contact the bands,” Hickman said.


“How much do they get paid?” Smith asked.


“Hundred dollars,” Hickman replied.  “Each band.”


“And how many bands?”


“Three.”


“And who’s going to do all of the advertising?” Mayor Smith continued.


“Okay,” Hickman replied.  “The clerks did it before.  Now if she don’t have time to do it, then I can get it, because all you have to do is fax it in to different—”


“And then who’s going to set up the community center?”


“Well,” Hickman answered, “I need a key, or you’d have somebody up there to open it up.  Because you have to set the sound system up on Saturday afternoon.”


“And then who’s going to clean it up?”


“The town has been doing that,” Hickman said.


“And then,” Smith asked, “who’s responsible if something gets broken or misplaced?”


“Well,” Hickman replied, “the town’s getting all the profits, so I assume the town would be—”


“Well,” Smith began, “take a walk down memory lane—”


“—nothing has got broken before,” Hickman concluded.


“I think you need to go down memory lane a little bit, Vernon.  Last year, we made the effort to continue bluegrass that was already set up.”


“Yeah,” Hickman responded, “you just continued my help.”


“And you couldn’t get volunteers to help you—” Smith began.


“I could have got volunteers,” Hickman interrupted.  “I had volunteers for everything.  You—”


“—so,” Smith continued, “you took the liberty to pay a relative to sit at the door and collect money, and that money was public money.  Did you inform the board of that?”


“I turned it in every Monday,” Hickman responded, ignoring the mayor’s question.


But Smith persisted. “Did you ask the board to approve using public funds to pay a relative to collect money at the door?”


Hickman continued to avoid the question.  “It was all volunteers, that I, I couldn’t do it all, and I couldn’t be there that night, and I couldn’t get volunteers, so I had to pay someone to take my place until I got there.”  He paused briefly, before adding, “But I’ll take it out of my pocket, if it’s going to break you.”


“Well, it’s not me,” Smith began, only to be interrupted by a laugh from Hickman. “It’s the public’s money—” Smith continued.


“I thought it was you,” Hickman said. “That’s why I want approval of the board.”


Mayor Smith continued.  “And then we had some missing, so we actually had to change the locks on the supply cabinet for the senior citizens, because you were breaking into it and using their supplies and—”


“No,” Hickman interrupted again, “we did not use their supplies.  What I got in, the switchbox it’s in there, and the money box that we were taking up, money box is in there.”


“Then you also threatened a city employee.”


“No,” Hickman interrupted, “I didn’t threaten him.  I told him that we needed the key.”


“And you threatened you were going to—”


“I didn’t threaten nobody,” Hickman interrupted.  “You’re making it up now.  If he told you I did he told a lie.”


Smith then changed tacks. “And the other part is, as far as managing and telling employees what to do, in section 11 of the town charter, restrictions on aldermen, city aldermen are prohibited from interfering in any way with the performance of duties by any officer or employee.  And then, of course, one of my biggest questions that I have is, how is this in the best interest of the public of the town of Bethel Springs?”


“You just don’t want me to put it on,” Hickman said, petulantly.  “I’ve got other ways to occupy my time.  The other organization that we had in here, they wanted something for the people of the town to have the opportunity to come if they want to, and most of them helped up there, and, they did.  That would be an objection, if anybody volunteered but—  See, the youth center was built by volunteers, help.  But you [the mayor] weren’t here.  You don’t know nothing about it.  But [Smith attempted to speak, but Hickman bulled on] lot of people getting up there at night sweating, and blood, building it together.  The senior citizens paying for the material that went into the walls, and the volunteers put it up.  And then we had people that had volunteered their time and putting the sheetrock and hanging, and, uh, up there to get it.  And it’s for the community to have things.  It wasn’t put there just to rent out.  And we have raised high as five, six hundred dollars at a bluegrass show up there.  The other times, we didn’t make that, but it has been raised that much.”


“And then,” Smith said, when Hickman finally stopped speaking, “last month you brought up the same thing to the board, and we asked you for some volunteers.”


“I ain’t giving any names,” Hickman said, inexplicably.  “I can put the show on, I put it on for several months.”


“There are no volunteers.” Smith said flatly.


“I’ve got volunteers,” Hickman insisted.  “They done told me they’d help me.  I just want the approval of the board.  The board don’t want to approve it, that’s fine, we’ll forget it.”


“Then we’ve got the code of ethics,” Smith continued, “section seven, that prohibits elected officials or employees from using municipal time, facilities, equipment or supplies for the private gain of themselves or a family member.”


“Well,” Hickman said, “you’re welcome to go up there and take up at the door if you want to.  I just put it on for the community.  You’d be up there every Saturday night—”


Smith attempted to offer a suggestion: “Maybe you should get you a petition to—”


“I ain’t getting a petition,” Hickman said, petulantly.  “I think that’s up to the board.”


“You don’t have the support of the town,” Smith repeated.  “You don’t have volunteers.”


“I’ve got volunteers,” Hickman insisted, sounding increasingly like the late and unlamented Senator Joe McCarthy.


“You’ve got your personal request,” Smith persisted, “because Vernon likes to go to bluegrass.  And you want to use the town employees as your labor.”


Hickman indignantly denied it.  “I haven’t used the town employees as no labor.  They didn’t help me before.  And it’s not— It’s people come to me.”


“It’s kind of odd,” Smith observed, “that those people didn’t come to the public hearing so it could be included in the budget.  In fact, you didn’t even attend the public hearing and ask for it to be included in the budget.  How are you going to pay three hundred dollars a month?” Smith then asked, changing the subject.


“We take up at the door, and we took up four dollars a head, and this time it’s going to be five dollars.  But if the board don’t want, I mean if they don’t approve me doing it, then I don’t care.  I mean, I’ve got other places I can go on Saturday night.  It’s not—”


“Well,” Smith asked, “have any of the board members already deliberated with you?”


“Well,” Hickman said, ignoring the question, “just put it for a vote.”


“Well if you’ve already deliberated on it—” Smith persisted.


Hickman, for his part, persisted in ignoring the question.  “Do I make a motion, or do they make a motion?  Do I make a motion that you give me the authority to put on the bluegrass program?  That I be in charge?  And what profit’s made comes to the town and is delivered to the clerk’s office Monday morning?”


“You’re probably going to have to recuse yourself from voting,” Smith observed.


“It ain’t hurting me, I tell you,” Hickman said.  “You’re not hurting me, you’re hurting yourself.  Not me.”


Bobby Gray then asked, “Vernon, will the employees have to sweep up and clean up after the meeting?”


“Well, they did it before,” Hickman replied.  “And, they also set up the chairs.  Rodney and Dean was going to go set up chairs and John said, ‘No, that’s Vernon’s job.’  But the other, I reckon they’d rather have them sit on their [unintelligible word] and not do nothing.  It takes three to do water meter reading,” he added, sarcastically, as Mayor Smith asked her next question.


“Why could you not get you some volunteers?  Did you check with any of the organizations—”


“I ain’t going to argue,” HIickman interrupted.  “If the board don’t want me to have it, that’s fine.”


“—or any of the schools groups, or any of the businesses, to ask for their support?”


“I’ve got all the support I need,” Hickman said, grandly.  “If the board wants me to have it, I can have it.  If it don’t, then we can forget it and I’ll call the people and tell them we ain’t having it.  That the mayor didn’t want it.”


There then followed a long eighteen seconds of silence, which Mayor Smith broke by asking, “Is there a motion for the town to sponsor Mr. Hickman’s bluegrass?”


After another ten seconds of silence, Bob Graham made a motion “that we give Vice Mayor Hickman the opportunity to try this on a voluntary basis, and all money that is collected comes right to the city.  Is that what you’re asking? [Hickman replied affirmatively.]  We try this, and if it works, it works, if it don’t—”


“And,” Smith asked Graham, “in your version, a volunteer—”


“Not city employees,” Graham replied.  “Unless they wanted to volunteer.  With no pay.”


“Should city employees be prohibited?” Williams asked.


“They can volunteer on their off time,” Smith replied.  “They can do anything they want to, Ms Shirley.”


“All right, then,” Williams replied, huffily.  “I just wanted to make sure.”


“That’s what I wanted to know,” Gray interjected, “whether the employees was going to go up, clean it up, and all that.”


“The difference is, are they required to, or did they volunteer their time,” Smith said.  “There’s a difference between the community supporting something and the town obligating the city employees to do all the work.”


When the roll was called on the motion Graham and Williams voted yes, Mayor Smith voted no, and Gray and Hickman passed, which led Recorder McClain to say, “I don’t know what that means, because I’ve never had two people pass.”


“Well,” the mayor responded, “it would have taken three yeses for this to pass.”


“So it failed,” McClain said.


Sowell speaks


That concluded the regular agenda, whereupon Mayor Smith made a few announcements. “Saturday we had the grand opening for Dollar General.  From the county 2008-2009 budget, the senior citizens received a contribution of $2,000 for the annual year, and for the United Way this year’s contribution was $1,875.  Old Highway 45 has been designated as Rockabilly Highway.  That puts Bethel right smack dab in the middle of Rockabilly Highway.”


She then asked if the board wished to do anything about the scheduling of working sessions, which some of the board members have had some trouble attending.  Hickman observed that the meetings need to be “later than 3:30,” and the board ultimately decided to set them for 5:00 instead.


Alderman Williams had certificates of appreciation for those citizens who had participated in the recent clean-up campaign.


It was when Mayor Smith finally asked if there was a motion to adjourn that Police Chief Sowell spoke up.


“Mayor?” He said, getting to his feet.  “I’d like to say something.  Mayor, I’d just like to thank the board for their support,” he said, sarcastically.  “Let them know that I appreciate the three votes, and who they are.  I know where I stand with the board.  I’ve worked here nine years, for nothing.  Only thing I asked was to be brought up with the secretary over there.  I didn’t ask for no thing.  I’m on salary, not hours.  I just asked to be brought up with the secretary.  And I know what I got.  And I thank each one of you for discussing it, and having your minds made up about it before you come to the meeting.  I know each one of you was threatened that you wouldn’t be voted for, wouldn’t be voted, they wouldn’t vote for you if you voted for me.  And don’t be sitting there shaking your head, Vernon.”


“Nobody—” Hickman began, then he started over.  “I haven’t talked to nobody about it.”


“I’m not going to quit,” Sowell resumed.  “I’ll give you $200 a week before I’ll quit.  I work here.  But I appreciate y’all’s concern, that the safety of this town, and you know what kind of shape it was in when I come in.  And I know I ain’t doing much now, but I’m keeping the town [several unintelligible words].  And the next time there’s somebody shooting a gun, I want one of y’all to go out there and find out who it is.  And the next time somebody’s knocking on some old woman’s door at 2:00 o’clock in the morning and scaring them, I want you to go down there and see who it is.  Don’t bother to call me, because if it ain’t dangerous it can get, out there in the dark.  It’s not dangerous getting knocked in the head.  I’ve been that a way.  But I really appreciate the feeling, to know where I stand with this board.  Now I do.  Y’all are man enough up there to hurt my feelings, to tell me that I ain’t worth nothing.


“And you, Shirley,” Sowell said, addressing Alderman Williams, “surprised the whole bunch.  You questioned it worse than a Philadelphia lawyer at a Supreme Court meeting.  So, I’ve got the right to speak, same as anybody else.  Now if you don’t want me to work here, let’s have another vote and send me home.  I mean, if that’s the way this board feels about me, I don’t want to work for you.  If you don’t think I’m worth as much as Nancy [McClain] is over there for the city, then you’ve got very little feeling for law enforcement.  And I feel like you don’t even need none.  There’s many a night I come out here, when y’all are home asleep, I’m the only one out here.  I don’t charge for it.  I don’t work by the hour.  If I did, you couldn’t afford me.  I work on a salary.  And I’m keeping up with the time that I get paid and the time that I work, on account of insurance purpose and all, but now if you don’t want that, tonight is the night to tell me you don’t want it.  


“And when a man sits on this board and lets some outsider tell him how to vote, he’s not much of a man.  I don’t have to have a sheriff come up here and tell me what to do, who to arrest, who to write a ticket to, who to talk to them, and he’s the chief law enforcement of the county.  If I don’t suit you, just say I don’t.  Don’t beat around the bush about it, okay?  That’s all I got to say,” and then he sat down.


“Appreciate your comments, PeeWee,” Mayor Smith said.  The other board members remained silent, and the meeting was adjourned on a motion by Graham, seconded by Williams.


Town Board Meeting

Monday, 9 June 2008 

The June meeting of the Bethel Springs town board was relatively short (just over half an hour) and largely lacking in the acrimony which has characterized recent meetings.


After dealing quickly with the preliminary matters—the minutes were unanimously approved on a motion by Vernon Hickman, seconded by Bob Graham; the water report was unanimously approved on a motion by Graham, seconded by Shirley Williams; the police report was unanimously approved on a motion by Graham, seconded by Hickman; and the financial statements were unanimously approved on a motion by Graham, seconded by Bobby Gray—Mayor Norma Smith moved on to the second reading of an “Ordinance to establish a new system of personnel administration,” which passed unanimously on a motion by Graham, seconded by Williams.  Also passing by a unanimous vote (on a motion by Graham, seconded by Williams), albeit with a bit more discussion and some minor revisions, was the resolution regarding the town’s personnel policy which Alderman Williams had introduced at the previous meeting.


“The next item on the agenda,” Smith continued, “is the, sort of the aftermath of the three year audit.  We got the letter from the state comptroller requesting a response to all of the issues that were addressed at the last meeting,” and Smith said she had responded on June 2 with a letter which she presented for the board’s consideration, the text of which was as follows:


“Effective 27 November 2006, the previous Mayor and Board of Alderman [sic] were replaced through the election process.  Immediately upon taking office, as the newly elected Mayor, I placed the highest priority on the accounting and financial status of the city.  With the assistance of the State Comptroller’s office and the accounting firm of Alexander, Thompson & Arnold, after 14 months, the town focused on meeting the basic accounting requirements mandated by section 9-3-211, Tennessee Code Annotated.  In response to your notification dated April 1, 2008, on behalf of myself and the Board of Alderman [sic], the following actions, resolutions, and/or ordinances have been initiated to correct accounting deficiencies and put preventive measures in place:


1) Effective January 7, 2008, in accordance to [sic] the majority of board of Alderman [sic], oversight and the day-to-day operations of the town do not fall under the responsibilities of the position of Mayor, nor can the Mayor be held liable or accountable.


2) As of 10 March 2008, all elected officials (Mayor and Board of Alderman [sic]) must attend MTAS Elected Officials Academy (Level I) within six months of taking office or first available class, whichever comes first.  This mandate applies to current and future elected officials.


3) The town formally adopted an Ordinance for Purchasing Policy, as of 7 April 2008.


4) All accounting and controller services were outsourced to the accounting firm of Alexander, Thompson, Arnold, PLLC, as of 10 March 2008.


Most accounting deficiencies should be resolved and improved with the implementation of item 4 listed above.  Lastly, as was noted in the reports, the town utilized inconsistent accounting measures not only for the past three consecutive years (2004, 2005, and 2006), but also for years 2002 and 2003, auditors were only able to perform compilations due to the significant extra work because the city did not have adequate accounting controls and financial records.  However, as the Mayor of a town with no day-to-day oversight responsibilities, the financial status rests solely on the majority of the board of alderman [sic].  If additional information or questions arise, contact the Board of Alderman [sic] through city hall at (731) 934-7021.


“Any questions on that?” Mayor Smith asked.  There were none, so she continued with the agenda.


The next item was “TML Loss Control Survey Recommendations.”  Tennessee Municipal League had conducted a survey on March 13, and Mayor Smith observed that these recommendations pointed out “significant things that we’ll have to do that haven’t been done in the past.”  Town Recorder McClain told the board that she had been able to answer all of the questions raised by the survey “except when it come to the panel of physicians, because I didn’t know what to do about that.  That’s why I brought it before the board.”


McClain was referring to the recommendation which read: “It was learned during the survey that the town does not currently have a panel of physicians.  T.C.A. 50-6-204 authorizes employers to designate a panel of three or more physicians to treat work related injuries.  This is an effective means of cost containment for the treatment of on the job injuries.  TML Pool recommends the town designate a panel of physicians.”


After a brief discussion, Graham said “I make a motion we go with Prime Care,” and his motion, seconded by Gray, passed by a unanimous vote.


Moving to the next item, Mayor Smith said, “We’ve got two additional requests from employees who put in for additional pay raises for the fiscal year ‘08-’09.  One of them was from Rodney Steen, requesting that his pay raise be increased to $8.50 an hour.  And then the police chief is requesting his be increased to an annual salary of $21,632.  Any questions or comments?”


After some inconclusive comments from the board, Smith asked “Is there a motion to accept or deny these requests?”


“I make a motion that we accept them,” Gray said.  “Rodney Steen’s been here a year, and he didn’t get his 90-day raise.  I don’t think PeeWee’s had a raise in eight years.”


“Is there a second?” Smith asked.  After half a minute of silence, she said, “Okay.  Didn’t get a second to increase their pay.”


Williams then spoke.  “That motion failed, so can we, can I make a motion that we table that until the board has a chance to sit down and look, or can we do that?”


“Yeah, you can do that,” Smith replied.


Williams said, “I make a motion that we table those until we have a chance to sit down.  We didn’t have a working session this month, because of, you know, different reasons.  We can sit down and review those, and—  When we vote on these things, we need to know exactly what we’re voting on.  That’s my concern.”


Graham seconded the motion to table, which passed with only Gray voting no. 


“The next item on the agenda,” Smith continued, “is the resolution for a records retention policy, which was one of the several things that were identified during the audit, and this is a resolution that pertains to the records retention, that we adopt the retention schedule that’s outlined in the MTAS Records Management for Municipal government Handbook.  Is there a motion to accept the resolution to adopt the records retention policy as outlined in the MTAS Records Management for Municipal Government Handbook?”  Graham made the motion, which was seconded by Hickman and passed unanimously.


With the agenda completed, Smith said, “For announcements, in case anybody hasn’t noticed, they are stocking the Dollar General Store.  It will take them about three days to get it stocked, and then they’ll open it up for regular business and have a grand opening at a later date.  So you should be able to get bread, milk, and eggs by the end of the week.”


Smith also mentioned that “the 23rd of June, at 6:30 p.m., here at city hall, is the public hearing for next year’s budget.  You should see the ad in the paper with that announcement on it as well.  That’s the 23rd of June at 6:30.  And then included in that budget is the potential hire of part-time clerk and codes enforcement, so if you know of people in the area that might be interested in doing that, they can put in an application for that for us to look at, in the near future.”  The position will be at the minimum wage of $6.55 for approximately 675 hours per year.


Graham had no announcements, but Williams did.  “Just like to say that we completed our cleanup.  I don’t know if anybody noticed.”


“I think that everybody noticed,” Mayor Smith interjected.


“Oh, they did?” Williams said with obvious pleasure.  “Good.  And our town wasn’t as dirty as we thought it was.  We had several bags—  I thought we were going to have a huge pile of bags, but it didn’t turn out that way, so.  But as I drive down the street I see it’s collecting again, you know, so, we know we can’t, the only way we’re going to be able to stop people, maybe be able to stop, is we have a fine.”


“Well, there is a fine for littering,” Smith observed.


“Oh, there’s already a fine?” Williams asked, before adding, “If you can catch them.  I know.  That’s another story.  But I am so grateful.  Some of those ladies who worked so diligently—and gentlemen—I didn’t forget you guys.  We had very few gentlemen, but we had some gentlemen who came to work, and I, we were so grateful to have them.  And, you know, the people who were out working were senior citizens.  But, it was hot that day, and the work is not easy when you are walking down the street picking up bottles and cans.  But they came and they worked, and it was a wonderful feeling to see that collaboration of people really concerned about how our town looked.  So we’re hoping that that’s something that’s going to catch on, and once we get the hire in codes enforcement we can take it to another level.  We were just doing the sides of the streets.  We didn’t go in anyone’s yard.  We didn’t infringe on anyone’s privacy.  But we’re hoping that, seeing us out there, that whenever the codes enforcer goes and asks them to clean up their yard that they will be willing to do that.  And when you drive through Bethel our yards, most of them, are in pretty good shape, but we do have some that could be, some cleaning could be done.”

 

Williams concluded by saying, “I’m going to ask our secretary, our recorder, to do up some certificates.  I want to say ‘thank you’ to those people who worked so hard, and let them know that their work was appreciated.”


When Smith asked Hickman if he had any announcements, Hickman replied, “I’ve had several request, people want me to start the Bluegrass Night.  And if the city council wants me to do it I would take it, and start it back in the same way that we were doing it.  Buddy [Sisk] said he wouldn’t do the sound, he didn’t want to do that, and if you know of anyone that would want to do the concessions …”


“Well,” Smith said, “it sounds like you need a little bit more planning and coordinating and get some more support for it.”


“I’ve got people that are saying they’ll help,” Hickman insisted, “but if anybody wanted that particular thing—”


“Or,” Smith suggested, “what you might want to do is approach these people that are interested in doing it, and have them pay the town the rent and the cleaning deposit, and maybe that will motivate them to actually follow through and do that.  If they have a vested interest they’re more apt to actually follow through.  But if you are giving something to people on a silver platter and they’re not having to invest anything, then they don’t have anything to lose.”


“Uh huh,” Williams said in agreement.


“You’re not giving them anything,” Hickman said to the mayor.  “I’m just volunteering my time to put the program on—”


“We rent the building at $150 a day,” Smith responded.  “We are giving them something, Vernon.”


“If the board don’t want me to have it,” Hickman said, “if the board wants to vote, you know—”


“I don’t think it’s a matter of the board not wanting you to have it,” Smith said.  “I mean, if you want to pay the $150 rent?”


“No,” Hickman said, abruptly.  “I’m giving my time and everything it takes to do the thing.  It’s not a money-making thing.”


“That’s exactly my point,” Smith said.  “You know, you’re wanting the town to invest all this money, and you’re not even sure if you’ll have enough people to help you organize and plan—”


“I didn’t say I didn’t have any,” Hickman argued.  “I wanted to know if anybody wanted to do the concessions.  I’ve got people that do the concessions, but I didn’t know if the, any other group that would want to do the concessions and get themselves something out of it.  I don’t think anybody—  And I wanted all, I wanted people on the board if they wanted to help me ….”


“Well, Vernon,” Shirley Williams spoke up, “you probably need to call the group together, and I find that if you sit down and involve folks that they will cooperate much better.  And once they get, once you call a group together I’ll be glad to help you on that.”


“I’ll just forget it,” Hickman said, dismissively.  “Because it seems like it’s not, certain ones didn’t want it to start with, so I’ll just forget it and tell them we ain’t going to have it.”

Mayor Smith ended the meeting on a more positive note: “I just want to encourage everybody to shop local.  The more money we spend at Dollar General, the more potholes we fill.”  The meeting then adjourned on a motion by Williams, seconded by Gray. 

 

Town Board Meeting

Monday, 12 May 2008 

Your intrepid reporter was at the County Commission meeting on Monday, 12 May, and planned to use an audio recording of the Bethel Springs town board meeting.  Unfortunately, the recorder failed to record, so there is no extended coverage of the May meeting.  What follows are the as-yet unapproved (they won't be approved until the June meeting) minutes of the May meeting.  We'll try real hard to do it right next month.

 

MINUTES

TOWN OF BETHEL SPRINGS

REGULAR TOWN MEETING

May 12, 2008



Mayor Norma Smith called the regular Town Meeting to order at 6:30 p.m. on May 12, 2008.   Chief Sowell led the invocation. Those in attendance were: Mayor Norma Smith, Vice Mayor Vernon Hickman, Alderman Shirley Williams, Alderman Bob Graham, Alderman Bobby Gray, Attorney Melissa Stewart-Leitschuh, Recorder Nancy McClain and the citizens of Bethel Springs.


Mayor Smith asked for a motion to approve the minutes from the April 7, 2008 meeting with two corrections on page 2 second paragraph, change resented to presented and delete the word with.   Alderman Bob Graham made the motion to accept the minutes and Alderman Bobby Gray seconded the motion.  Board members voted as follows: Mayor Norma Smith-yea, Vice Mayor Vernon Hickman-yea, Alderman Shirley Williams-yea, Alderman Bob Graham-yea and Alderman Bobby Gray-yea. Motion carried.


Mayor Smith presented the Water and Police Department Reports for review.  Mayor Smith asked for a motion to approve the reports.  Alderman Bob Graham made the motion and Vice Mayor Vernon Hickman seconded the motion. Board members voted as follows:  Mayor Norma Smith-yea, Vice Mayor Vernon Hickman-yea, Alderman Shirley Williams-yea, Alderman Bob Graham-yea and Alderman Bobby Gray-yea. Motion carried.


Mayor Smith presented the financial statement and a list of bills to be paid.  Mayor Smith asked for a motion to accept the financial statement. Alderman Bob Graham made the motion. Alderman Bobby Gray seconded the motion. Board members voted as follows:  Mayor Norma Smith-yea,  Vice Mayor Vernon Hickman-yea, Alderman Shirley Williams-yea, Alderman Bob Graham-yea and Alderman Bobby Gray-yea. Motion carried.


OLD BUSINESS:


Alderman Shirley Williams presented to the Board an Ordinance to establish a new System of Personnel Administration in the City of Bethel Springs.  Alderman Bob Graham made a motion to accept the 1st reading of the Ordinance.  Alderman Shirley Williams seconded the motion.  The Board voted as follows:  Mayor Norma Smith-yea, Vice Mayor Vernon Hickman-yea, Alderman Shirley Williams-yea, Alderman Bob Graham-yea and Alderman Bobby Gray-yea. Motion carried.


NEW BUSINESS:


The Mayor presented to the Board the formal adoption of a Resolution pertaining to public records.  This resolution provides an outline on the maintenance, preservation, and protection of public records and establishes a procedure for accessing and coping these records.  Alderman Shirley made the motion to accept the Resolution and Alderman Bob Graham seconded the motion.  The Board voted as follows: Mayor Norma Smith-yea,  Vice Mayor Vernon Hickman-yea, Alderman Shirley Williams-yea, Alderman Bob Graham-yea and Alderman Bobby Gray-yea. Motion carried


The Mayor discussed with the Board recommendations for the 06/07 and 07/08 audit.  The Mayor informed the Board on what had been done to find an accounting firm that would and could do the town’s audit.  Since all the firms that we contacted turned us down, the state found a firm to do the town’s 06/07audit.


The Mayor presented to the board a personnel issue.  Nancy McClain, Recorder asked the Mayor and Board for a 4% cost of living raise to be put in the budget for 08/09.  Alderman Bob Graham made a motion to put a 4% cost of living raise for all employees in the 08/09 budget.  Vice Mayor Hickman seconded the motion. The board voted as follows:  Mayor Norma Smith-yea, Vice Mayor Vernon Hickman-yea, Alderman Shirley Williams-yea, Alderman Bob Graham-yea and Alderman Bobby Gray-yea. Motion carried


The Mayor presented to the Board for City Hall improvements for the year 08/09. There needs to be something done to the pond beside City Hall.  There was a discussion on what to do with the pond.  It was decided to fill in the pond and plant flowers and maybe shrubbery.  Alderman Williams made the motion to fill in pond and do landscaping not to exceed $250.  Alderman Bob Graham seconded the motion. The Board voted as follows: Mayor Norma Smith-yea, Vice Mayor Vernon Hickman-yea, Alderman Shirley Williams-yea, Alderman Bob Graham-yea and Alderman Bobby Gray-yea. Motion carried


The Mayor presented to the Board a request to put in the 08/09 budget for street signs.  Several citizens have requested street signs.  Alderman Bob Graham made a motion that we put $1000 in the budget for street signs.  Alderman Bobby Gray seconded the motion.

The Board voted as follows:  Mayor Norma Smith-yea, Vice Mayor Vernon Hickman-yea, Alderman Shirley Williams-yea, Alderman Bob Graham-yea and Alderman Bobby Gray-yea. Motion carried


ANNOUNCEMENTS:


Mayor Norma Smith:

Last year we agreed to apply for the Delta Grant.  We have received a letter of invitation for a full application.  June 14th is information day at the Guy’s Community Center.  The Dollar Store will be finished by the end of May and inventory will be brought in about June 12th.


Vice Mayor Vernon Hickman:

None


Alderman Bob Graham:

Alderman Graham wanted to know if the Board could put in the  08/09 budget for the town to  purchase a smaller police car. Everyone agreed that we need to check into it.


Alderman Shirley Williams:

Alderman Williams presented to the Board the results of the meeting of The Beautification Committee on cleaning up the town.  Beautification Day will be May 31st.  Everyone is to start at 8:00 a.m., and everyone will meet back at the community center at 12:30 for hot dogs and cokes.  There was a discussion on furnishing garbage bags. Alderman Williams made a motion for the town to furnish the food and garbage bags.  Alderman Graham seconded the motion.   The Board voted as follows: Mayor Norma Smith-yea, Vice Mayor Vernon Hickman-yea, Alderman Shirley Williams-yea, Alderman Bob Graham-yea and Alderman Bobby Gray-yea. Motion carried


Alderman Bobby Gray:

He wanted to check and see if there was a set price for renting the community center for a benefit for someone who is ill.


Motion to adjourn by Vice Mayor Hickman

Seconded by Alderman Graham

All were in favor and meeting adjourned. 

 

Town Board Meeting

Monday, 7 April 2008 

While not a model of harmony, the April meeting of the Bethel Springs town board was somewhat less rancorous than recent meetings, and it wasn't until near the end that the hostility Alderman Bob Graham had displayed for Mayor Norma Smith at the March meeting broke out again, with repeated utterances of "Foolish" and "You're wrong."  Still, there were no demands that the mayor perform her daily duties while submerged in a vat of chicken fat, or that she stand on one foot throughout the duration of the town board meeting, so it could have been worse.

The meeting began with the unanimous approval, with minor corrections, of the minutes of the March meeting, on a motion by Graham, seconded by Alderman Shirley Williams.

The department reports were then approved, also unanimously, on a motion by Graham, seconded by Gray.  One item in the water report received special attention.  Pointing out that the water loss for the previous month had been 45%, Mayor Smith observed, "One thing we might want to consider in the long term, when we’re getting ready to address the budget for the upcoming year, is maybe making some improvements to the water system that we have.”

Alderman Vernon Hickman asked, "Do we know where we're losing the water?"

No, Mayor Smith replied.  “I think it’s a combination of old water meters, and if we have a leak it’s not usually found immediately.  It takes a while for the water to come to the surface.  And right now we’ve had so much rain we don’t know what water is from the rain.  The water system was put in in 1964.” 

The water and police reports were then unanimously approved, as was the financial report, on motions by Graham, seconded by Alderman Bobby Gray.

The second reading of an ordinance establishing a purchasing policy for the town of Bethel Springs was then unanimously approved, on a motion by Graham, seconded by Hickman.

Turning to the next agenda item, Mayor Smith said "we did get a notice on the first of April from the state comptroller’s office.  It’s an additional notice regarding the three-year audit and the results.  Overall, ‘It is the responsibility of the locally elected officials to manage and safeguard ... and ... comply with [the] statutory requirements....  However, for the past three consecutive years (2004, 2005 and 2006) [our] auditors were only able to perform compilations in order to comply with their own professional standards.  This was due to the extra work the audit firm was required to perform because the city did not have adequate accounting controls and financial records....  Further, qualified opinions were issued on the city’s financial statements for 2003 and 2003.’  According to the state comptroller, ‘Municipal officials should treat this situation very seriously, taking whatever action is necessary to ensure that independent audits are conducted in the future which [will] result in unqualified opinions.  Steps should be taken ... immediately [to] implement procedures and internal controls that would allow for the proper accountability and accounting of all transactions....  The water system has reported a negative change in net assets for two consecutive years.  Should the system incur a negative change in net assets for three consecutive years, it will meet one of the criteria … defining a financially distressed system.'  The state comptroller's 'office is required by state law to refer financially distressed systems to the Water and Wastewater Financing Board.'  The state comptroller's office has directed the mayor and board of aldermen to notify them in writing within ninety days 'as to [the] actions taken to address the issues.'  We've got ninety days.  Any questions or comments on that?" 

"Well," Gray observed, "that's pretty bad, isn't it?"

Mayor Smith then described several things the town had already done to meet the state's concerns, adding, "Unless y'all have some objection, I'll draft something up before the meeting with Melissa [Town Attorney Melissa Stewart-Leitschuh] and present it to the board."  Summing up, she said, "Probably the biggest thing the town has to do, is we have to give the state the assurance that we're taking some form of correction, and then also putting something in place so that it don't happen again."

The board then unanimously approved, on a motion by Graham, seconded by Hickman, a mowing bid by Randy Russell.  "He's submitted an increase for his rates from $45 an hour to $55 an hour," Mayor Smith said.  "It normally takes about twenty-five hours to mow all the streets, and this is the first price increase in two years."

Moving on to the next agenda item, Smith said "Ms Shirley's been doing some work to revise the policies and procedures in the employees' handbook.  And Ms Shirley, I know that you've given us a lot of different things."

Williams reported that a committee of three had met the previous Thursday and had come up with some recommendations.  There then was considerable discussion of procedures, and Graham made a motion to adopt the recommendations, which Hickman seconded, but before the vote was taken the mayor suggested that the recommendations be tabled until the next meeting to give the board members time to study the recommendations of the committee.  Williams then moved to table the matter, Graham seconded her motion, and it passed unanimously.

Moving on, Mayor Smith said "The next item that we have on the agenda is, Ms Williams would like to request that city employees report to the mayor and board of aldermen in person with a written report at Thursday working sessions at least once each quarter or sooner if the employee deems it necessary." Smith asked if this was something that could be added to the employees' handbook, and when Williams agreed that it could the mayor asked for a vote to that effect.  Graham made the motion, which Williams seconded, and it passed unanimously.

The next two agenda items—"Request that the Mayor and Board review contract with the accounting firm," and "Request that the contract with the accounting firm be for one year only"—were both approved unanimously, on a motion by Williams, seconded by Graham.

The next agenda item was "Promotion of a city wide clean up day."  Williams emphasized the need to get the community behind the project.  Mayor Smith pointed out that the town already has "a town beautification committee.  What we could do is, someone could head up the committee and beat the bushes and get the committee to come up with the date and the who and the how, and the board support it." 

"Here's the thing," Smith added. "There's a lot of things in the town that need to be done, in addition to cleaning up.  And the best way to get that done is, the more people you get involved, the more that you can get done."

Williams agreed that more community involvement was needed.  "We started off last year hoping we would have community involvement, and that didn't materialize."  Even so, she continued, "I know that the town needs to have a clean up day.  Because it's in bad shape.  And, so, you drive down the streets and there's garbage on each side of the street and it’s a problem.  I know it's this board's responsibility to initiate that."

Williams enquired about the possibility of using inmates, but Mayor Smith said that the town had tried that before, but that it took most of the town's workforce just to supervise the inmates so it was not practical.   Town Attorney Stewart-Leitschuh observed that an alternative to using inmates would be to use people who had been ordered by the courts to perform community service.

Finally, Williams said, "I move that we use the beautification committee to design and implement a clean up day for the town of, spring clean up day for the town of Bethel Springs."  Hickman seconded the motion, which passed unanimously.

"The next item," Williams continued "is a formal adoption of a monthly list of bills to be prepared by the town recorder and presented at each meeting of the board for review and vote for approval.  I'll put that in the form of a motion."  Hickman seconded the motion, which passed on a three-two vote, with Mayor Smith and Bobby Gray voting no.

The next agenda item engendered more discussion.  Mayor Smith said that "Ms Shirley would like to request that the mayor and the board of aldermen review the various ordinances and provide enforcement of said ordinances.  In accordance—this is for the information to the board—in accordance to the oath that each of us took, we did take the oath to observe the provisions of the charter and the ordinances, and faithfully discharge those duties of the office that we were elected to.  So all board members should review the ordinances, and then the board as a whole, it's our responsibility to ensure that they're enforced, to the best that the town can." She then asked Williams, "Are you wanting to make a motion to make sure everybody reviews them, those ordinances?" 

"Yes," Williams replied, "because I think we have not been, well, I know that they are not being enforced.  You know, last meeting we even had a citizen to come in and remind us that the clean up, that the slum ordinance is not being, you know, enforced.  So, there again, I'm about that just like I was about the clean up day.  You know, we talk about things, but it never gets done, so I thought if it goes into the minutes, that we would talk about it, we would vote something, some kind of solution.  And I'm not saying that we can come up with that solution tonight, but I know it is something that needs to be addressed.  So if it takes a motion to do that, you know, I'll be glad to do that motion."

"I don't think it takes a motion," Smith responded.  "Perhaps it takes a reminder to the board members that we're obligated to be aware of the ordinances, and that the board as a whole we have to enforce them, with the means that the town has."

"Here's the thing," Smith continued.  "There's so many things that the town needs to do, and we have so many limited resources.  We have to prioritize what we do.  Anything we do is going to cost some form of money.  Time is money.  Supplies are money.  Enforcing an ordinance takes money.  So we have to come up with a good, long-range plan to enforce, and provide all the services that the town is supposed to be providing to the taxpayers.  But we can't clean up and do everything all at once.  We have to have some priorities of what we do and when, and we have to make sure that we're fair and impartial in providing all the [unintelligible word] services."

"Maybe," Smith suggested, "we can all agree to at least review the ordinances so that we're aware of what they are, and then that way when we're getting some ideas for the budget we can focus on where we want to spend the money for this particular fiscal year."

"That's why I wanted to get this in," Williams replied, "because I know budget time is coming up, and we need someone who is going to—  Again, we talked about that, about having someone that would be a codes administrator.  And that hasn't never really happened, and it was given to an employee who already had responsibilities, and so—  I just think that we can do better than we're doing."

Williams restated this concern a few moments later.  "I am so aware that none of this stuff can be solved overnight.  But if you don't start addressing it, you know, it's not going to ever be solved.  And you know that for the last sixteen months we have not been able to do some things that I felt like we should, could do.  And it concerns me." 

After some discussion about the need to have money in the budget for the enforcement of any ordinances that the town board passes, Mayor Smith suggested that "maybe a good idea would be, if every board member has something that they would like to focus on, if you could put that on a piece of paper, we're going to have to be putting the numbers together for the budget.  Unless I know what you want to focus on, I don't know where to suggest where to put the money.  If you want it on the streets, you know, there's a limited amount of everything.  But the good thing is, we'll have an increase in sales tax revenues, that we can forecast that.  But you don't want to put all the eggs in one basket." 

The next two agenda items—"Street Repair (potholes)," and "Get Cold Mix, 20 Tons, $65.00 per ton"—were discussed together.  "Ms Shirley and Bob Graham have kind of associated with each other about potholes and that kind of stuff," Mayor Smith began.  "And once again, there are many potholes, and I don't know if anybody has taken the liberty to drive around when it's raining, but that's a good way to find the source of the problem with the potholes, because water is what washes the potholes….  How many outstanding work orders have we got on the street for potholes?"

"We've got plenty," Town Recorder Nancy McClain replied.

"It was in the newsletter," Smith said, "I think it was in November, you know, we did tell the public. 'Help us help you.'  You're going to have to call so that we can do a work order, and we can prioritize the resources as we get them, and we can do that."  As a practical matter, though, Smith said "It doesn't make sense to say we need to fix every road in Bethel, because every road in Bethel needs to have some sort of work on it, because we don't have the resources."

Graham said, "I just think we need to have just the cold mix to have on hand, where we can fix these potholes."

Mayor Smith voiced some concerns about purchasing a large amount of cold mix, including the lack of a secure place to store it and the lack of any money in the budget to pay for it.  "We've already exceeded our street budget by almost a thousand dollars," she pointed out.

Graham angrily swept those objections aside.  "Well, could, some of this could come out of water.  We just need some on hand."

Mayor Smith suggested purchasing one ton at a time, as it was needed, and Graham became increasingly agitated as she again explained that there wasn't money in the budget.

"Let me ask you something," Graham said, angrily.  "Why can't this come out of water, because water causes a lot of it where we're digging up the holes?"

"Well, technically," Smith replied, "we wouldn't be able to use it except for the part that we messed up the water with."

"No, that's wrong.  You're wrong," Graham repeated, dismissively.  "Well, I make a motion we purchase twenty tons of cold mix.  We need to fix these streets." 

"What do you want to take the money out of?" Smith asked.

"You've got general funds," Graham replied.  "Can't you take it out of general funds?  That's what streets comes under."

"I'm not saying we're not going to spend any money on it, Bob," Smith began, but Graham just raised his voice and talked over her. 

"It's foolish to go there and buy a bag of cold mix when we're paying way too much money for that," he said. "That is foolish."

"Yeah," Smith said, in mock agreement, which engendered a loud "Well it is!" from Graham.

In the end, Williams seconded Graham's motion to "purchase 20 tons of cold mix out of the water ... or general funds," and the motion passed unanimously.

The remainder of the meeting proceeded more smoothly.

"The next item on the agenda," Mayor Smith read, "MTAS elected officials academy, wait until the next election, presented to us by Bob Graham."

"I just think that, me and Bobby is up for election," Graham explained, and there's no point in the town paying $150 to send them through the academy if they aren't going to be around after the election.  Gray seconded the motion, which passed unanimously. 

The board also agreed to consider a raise for town employee Rodney Steen in the upcoming budget, and agreed also that the mayor had the authority to hire temporary help for Steen for up to thirty days.

The meeting was finally adjourned on a motion by Hickman, seconded by Williams. 

 

Town Board Meeting

Monday, 10 March 2008 

The March meeting of the Bethel Springs Town Board began with an invocation by Police Chief "Pee Wee" Sowell and the reading, by Mayor Norma Smith, of a statement on the purpose of public meetings:

 "For the general public," she read, "the meetings are to allow the public to OBSERVE public policy and public business decision making process.  The mayor serves as the Chairman of the Board and presiding officer of the board, in accordance with the town charter.  Public observers and/or board members who conduct themselves in a disorderly fashion may and will be charged with a minimum of disorderly conduct, harassment, and disturbance of a public meeting.  Should disorder become so great that business cannot be transacted, and the chairman cannot enforce order, as a last resort the chairman can declare the assembly adjourned."

 As the mayor concluded, Alderman Bob Graham spoke up abruptly. "Mayor, I think we need to discuss that.  Make a motion to suspend the rules."

 "Well," Mayor Smith observed, "we had the working session, there wasn't any discussion or comment whatsoever—"

 "Well," said Graham, "this is a public meeting—"

 "Yes, it is," Smith agreed.

 "And the people have got the right to say what they want to say, and so we were elected by the town, and they've got a right to speak their piece in an orderly fashion."

 "In an orderly fashion," Smith agreed again.

 "Right," Graham said, becoming more agitated.  "And nobody since I've been here has done a disorderly fashion."

 "We had to have somebody removed just this last month," Mayor Smith pointed out, referring to the ejection of former mayor Kay Cox from the 11 Feburary meeting after Cox had repeatedly interrupted the proceedings.

 "Because you would not answer her question, that was all," Graham said.  "Well, you know, you're the mayor.  You're, and if you would answer her question—"

 "I am the mayor and the chairman of the board," Smith said.  "If you want to be the chairman of the board you can run—"

 "No, I don't," Graham said, before turning to condescension, "but I'd like for you to settle down a little bit.  You know, I don't see what your problem is.  We all try to work together here, [Honest, he actually said that!] but you, you know you come in here like you're the ruler, or the queen, or something."

 "Yeah," Smith said.

 Graham continued with his rant. "You can set there and 'Yeah, yeah,' all you want to.  I'm telling you the truth.  You know, I, I've been to many board meetings, and I never have seen that on top of the board, where a number two item tells, if Pee Wee opens his mouth, or Terry opens his mouth, he's going to be throwed out, if Larry opens his mouth, you going to throw him out too? You know."

 "That just refers to disorderly conduct," Smith observed.

 "Well, that's just what I was talking about," Graham said, even though it wasn't.  "Why, why do you keep bringing this up every meeting?  This is the third time that this has been brought up."

 "Some people just need reminding," Smith said.

 Graham muttered something unintelligible, then the mayor proceeded to detail some corrections to the minutes, which were approved unanimously as amended on a motion by Bobby Gray, seconded by Bob Graham.

 "The next item on the agenda," the mayor continued, "we've got the department reports, the water and police reports.  And then one thing to note.  It's on the water report.  We've always identified the water used by the city, and it's actually on the agenda.  It's mainly, you know, information, the town, you know, in accordance with the law, is supposed to be paying its water bills.  It hasn't been paying its own water bills, so we have to start paying the water bill for that.  And then you have the police reports."

 Gray made a motion to accept water and police reports, which was seconded by Williams and passed unanimously.

 

* * *

 The next agenda item was "Financial Statements," copies of which had been distributed at the 6 March working session.  Since Vernon Hickman evidently has better things to do with his time than attend the working sessions which are held to provide the aldermen with an opportunity to go over and question documents and reports before the regular town board meeting, Hickman spent several minutes at the Monday meeting questioning various expenditures, and then, as Mayor Smith was calling for a vote on Bobby Gray's motion to accept the financial statements, he interrupted to say "I thought that we were going to have the bills, a copy of the bills—"

 "You can review the bills any time you want to, Vernon," Mayor Smith said.

 "I mean," Hickman replied, setting off a prolonged discussion of the town's bill-paying practices, "I thought that was a motion at the last meeting, that we have them.  I'm not complaining, I'm just—"

 [In fact, Hickman misrepresented what had happened at the February meeting, which the following extract from the full report shows conclusively: "Gray made the motion, which Williams seconded with a request. 'I believe that the board needs to have a list of bills, and I know we talked about this before, but it's continuing on, and if we are going to vote on paying bills I think—  I know you said we could come into the office and look at it, but it wouldn't hurt to have it in front of us.  So, if we could put that to a motion.  So we can have that, in the future we can have that in our packet then we'll know what we're voting on to be passed.'  The motion then passed by a unanimous roll call vote."  The motion which was made and passed was that the board be provided with "a list of bills," and such a list was in fact provided to the board at the 8 March working session—a session which Vernon Hickman did not attend.

 [What is more, the official minutes of the February meeting, which Hickman and Williams had just voted to approve, included the sentence, "Alderman Shirley Williams seconded the motion with a discussion to have a list of the bills being paid to be available at the next meeting."]

 The mayor having complied with her February request to be provided with a list of bills, Shirley Williams then changed her request to support Hickman's claim. "I do request that we have the bills to be paid," she said, before adding, "Maybe next month we can straighten that out."

 "Well," Mayor Smith said, "what you're asking, you want to see the bills to be paid—"

 "Yeah," Williams replied, "because, actually we're voting on these bills, but they've already been paid, so—"

 "Well," Smith clarified, "you're voting to accept this financial report."

 "Right, exactly," Williams replied.  "And then as far as bills to be paid, we're accepting those as well, and they have already been paid.  But we as a board—"

 "We have to pay bills more frequently than once a month," Mayor Smith pointed out.

 "Right," William said.  "I'm aware of that.  That could still be incorporated, you know, if something is paid between the meetings.  I guess I'm just saying that it would be good, that was my request at the last meeting, that because the bills that are to be paid and, because once they're paid [laughs], there's really no need for us to vote on them.  Is that fair enough?"

 "Well," Smith said, "you're not voting to approve these.  These are here, you wanted a list of the bills."

 "Yeah, right," Williams acknowledged.  "And you provided that.  But I'm still asking is it not fair to ask whether or not the bills, the board should have the right to see the bills before they are paid?  And I know you said there is a list in the office that we can come and see."

 "Well, the office is open Monday through Friday," Smith pointed out.  "You can go in and look at the bills at any time."

 "Right," Williams said.  "But if we had them, if we had them in our folders at the business, at the sessions, then we could look at them and see what is coming up.  That was what my request was.  I mean, if it's asking too much, then we need to talk about it, but that was my request."

 "The town is not going to be able to only pay bills once a month," Smith said.

 "Well," Williams persisted, "I think that whatever is paid in between, from the time we vote on the bills to be paid, and if there are bills to be paid after that time, then they would show up on this list."

 "Okay," Smith said, "So you just want—"

 Williams interrupted. "I'm not trying to make this [UNINTELLIGIBLE WORD].  I'm just trying to see where we are.  I think it's only fair that all board members, you know, have [UNINTELLIGIBLE WORDS], and we have voted to accept it, and we're not voting on them but we are voting to accept them, are we not?  Are we voting to accept—"

 "You are voting to accept the financial statement" Smith repeated patiently.

 "Just the financial statement?" Williams asked.

 "Yes," Smith replied, "the financial statement."

 "We're not voting on this at all?" Hickman joined in.  "We're not voting on bills at all?"

 "You asked for this extra last month—" Smith began.

 "Right," Williams interjected, reflexively.

 "—and then you want to go back and—" Smith continued, only to be interrupted by an abrupt "No" from Hickman.

 "Well, actually that was my question," Williams said.  "Last month, Mayor, was that we have a list of bills to be paid.  And to look at them, vote on them….  If something comes up about what's here now, like if you just asking questions about something, it's really to late to do anything about it, because they've already been paid."

 "Right," Hickman said, predictably.

 "And maybe it's our fault," Williams acknowledged, "because we didn't come in the office and look at these before they were paid.  But—"

 Mayor Smith interrupted with a practical question.  "Well, how are you going to manage the bills that get paid in between?  That have to be paid in between?"

 "Well," Williams replied, "don't we have a limit on how much money can be spent without it being approved by the board?  If it's a bill that's in the budget, then it's just fine." 

Smith persisted. "What I'm saying is, bills come in daily, and not each bill that comes in has the same, you have to pay it by this date.  So if we only pay bills once a month, we're going to have extra charges because they're not paid on time.  That's what I'm asking.  How are we going to manage—"

 "Well," Williams said, "maybe that's something that we need to sit down and look and see.  If you say they all are coming in and they have different times of the month to be paid, uh, but if they are in front of us tonight, and you have bills that have to be paid the 15th of this month, we're going to be [UNINTELLIGIBLE WORDS] be paid then.  You know, any bills that's got to be paid from now until the next meeting should be on this.  Is that asking too much?"  [Laughs]

 "No," Smith said.

 "Okay," Williams said.  "All right."

 "What you're wanting, then," Smith attempted to sum up, "you're wanting any bills that are unpaid as of the—"

 "Bills that need paid—" Williams interrupted.

 "—you want a list of those," Smith continued, "so you know what they are?"

 Williams replied, "For example, tonight, we have bills to be paid for the month of March."

 "Okay," Smith agreed.  "As of today."

 "Well," Williams said, "as of today, or our working meeting time, whenever we get our paperwork for the upcoming meeting, then bills to be paid for the month of March.  Whatever date that they're due on doesn't really matter, as long as they are on a list, you know, that we have read, reviewed, and said 'Yes,' as a board we've voted that these should be paid, regardless of the date, it wouldn't really make a lot of difference, I don't think."

 "All right," Smith said, "let's say that we give you all the bills that have to be paid—"

 "Just like this one, for the coming month," Williams said.

 "And where should they be sent?" Smith asked.

 At this point Hickman got back in the game.  "Aren't they all supposed to be paid by the tenth of the month—"

"No," Smith replied.

"—of the following tenth of the month?" Hickman amended, unhelpfully.

 "No, no," Smith replied.  "That's what I'm trying to get at—"

 "Any of them that had to be paid—" Hickman interrupted.

Mayor Smith tried again. "We're going to have some that are not going to be—"

 Hickman interrupted, "—to be paid—"

 "—that are going to be due the month of March," Smith continued, "so if they are wanting to do the month of March, today is only the tenth.  So we're going to get, we might get a bill tomorrow, but it's due in the month of March.  You see what I'm saying?"

"I haven't reviewed the bills," Williams admitted.  "I'm just—"

 "Well, they've always been there, Smith said.  "Nothing is—"

 "Yeah," Williams interrupted, "I know that, I know that.  I'm not saying that anybody is—  You know, that's something else that we need to talk about.  Every time that somebody askes a question doesn't mean that they're trying to change anything or cause trouble, it's just an understanding.  We as a board, there will be some pieces in the work that we do here, we're all going to have to communicate, and we're all going to have to understand exactly what's going on, and maybe I might be a little slower than somebody else, or vice versa, whatever the case is, we're all in this thing together.  The citizens elected us, and we've got to carry it out as best that we can.  But we have to keep the lines of communication open, among all of us, at all times.  And make it as easy on all of us as we possibly can, what we're supposed to do.  That's my only objective," she added sanctimoniously.  "Has been from the very beginning."

 Mayor Smith tried to get the meeting back on track. "I'll entertain a motion to accept the financial statement as it is.  And then, between now and the next work— or the next meeting, y'all can come up with what you want and how you want it, so that we know to give it to you, at the monthly meeting.  But you're going to have to come up with something to do that, and make sure we don't pay the bills late—"

 "Right," Williams said.  "Exactly.  No one's asking for that to happen."

 Smith continued.  "That was one of the first things I had to clean up, was paying bills late, and we were being charged, taxpayers deserve better than that with their money."

 "Yes," Williams predictably agreed, "of course they do."

 And the financial statements were finally accepted by a unanimous vote.

  

* * * 

Mayor Smith resumed with the agenda. "And for the next item that we have on there, we're getting into the section where we had a meeting to go over all these tabled motions that we had from the last meeting.  That first one on outsourcing the accounting and controller things.  If y'all don't mind, it's kind of late to put it closer to the bottom.  The auditor, Mr. Hewitt, he's going to be here—"

 "I'm here," Michael Hewitt said, from the audience.

 "Oh, he is?  Okay" Mayor Smith said, then she attempted to proceed with that item, only to be interrupted by a procedural question (the irony of which would be made blatantly clear with the next agenda item).

"Do you not need a motion to admit those to the table?" Williams asked.  "I mean, we need a motion to admit those to the table, they all were tabled, they were separately tabled last month."

 "They were tabled," Mayor Smith acknowledged.  "We tabled them until this month."

 "But, still, a motion I think would be in order to admit them," Williams persisted, and was joined by that other expert in parliamentary procedure, Vernon Hickman.

"We need a motion to, uh—" Hickman began.

Williams finished for him, "—take them off of the table."

Graham provided the motion, "I make a motion to take them off of the table."

Hickman seconded the motion, which passed unanimously.

"Anyway," Mayor Smith continued, after that hurtle was cleared, "we got the result of the three year audit, and there were several deficiencies that were identified, and overall, one of the things that could correct and prevent these deficiencies from happening in the future and also give the board more accurate financial statements so that we can make better decisions would be to outsource the accounting and controller services.  Alexander, Thompson and Arnold provided us with a proposal that outlines, they would take care of our bookkeeping pretty much, give us the financial statements that we need, and then their fee for those services would be $1,300 a month.  For professional-type services, taking bids for those type of services are prohibited, and then if I'm not mistaken, I think, yeah, Tennessee Code, I think it's competitive bidding or proposals for professional services are not required.  Well it's based on this mainly their competence and integrity.  So whenever we look at bidding services that fall into the line of professional services, the bidding and the proposal process is a lot different than if it was bidding, say, constructing a bridge.  But anyway, after the last month's meeting, it was suggested that we try to get alternative proposals.  We got a negative reply from one, and we didn't get any response from another.  So, it's not anything that we had to do, but we did.  Overall, the town would probably best be served if we outsourced those particular services."

Gray began, "I make a motion that we—"

Mayor finished for him, when he hesitated: "—accept Alexander, Thompson, and Arnold?"

"Yeah," Gray said. 

"Is there a second?" Mayor Smith asked. 

"I second it," Graham said.  "I've just got one thing I need to ask.  Do we need to do this on like a yearly basis, or—"

"We can do it yearly, or semi-yearly," Smith replied.
  "You can do a multi-yearly—" 

"Before we make our budget up," Graham continued, "that's the only thing I was—"

Hewitt joined in: "Yeah, if we were, request at least an annual agreement—" 

"Okay," Graham said. 

"—for us to start doing this," Hewitt continued.  "We're going to invest quite a bit of time in it, and we would be greatly disappointed if you cancelled the contract."  [Laughter.] 

"Mike, we were discussing the bills a while ago," Graham continued.  "When we come to a, and I guess it needs to be like a, maybe a cap on a bill.  As far as, like, we paid $3,750 because Askew Hargraves, even though they are our engineer as far as our sewer project.  So I guess, what I'm looking at, shouldn't that come before the board, or should we set a—" 

"Well," Hewitt replied, "it depends on what your charter says, and I don't think your charter requires this board to approve the bills." 

"No," Graham replied, "it don't." 

"Now, you know," Hewitt continued, "we do work for probably thirty towns besides Bethel Springs.  Some of them do approve the bills.  It slows things down." 

"Right," Graham agreed. 

"You know," Hewitt said, "what we usually suggest is that you all get a policy of what you feel comfortable letting the chief administrative officer handle it—" 

"Right," Graham agreed, again. 

"—and then," Hewitt continued, "then you all approve every, I mean, you know, do you really want to spend your time approving a bill for changing a tire on a police car?" 

"Right," Graham interjected.  "I agree with that."

Hewitt resumed. "Now, if you get a bill for $10,000?  Yeah, that's probably something that the board ought to look at before you pay it.  And just design a policy that makes some sense, so that you, instead of spending your time at the meetings, you know, working through a stack of a hundred bills—" 

"Right," Graham interjected. 

"—that only a handful of them may have any suggestion for the real, for the budget.  You know, spend some time looking at those, as opposed to running a bill everyday thing.  But, theoretically, when you all approve a budget, you're authorizing anything that fits within that budget.  You're actually authorizing it for approval right then, unless your charter, or an ordinance, or a policy that you adopt requires something otherwise.  But the practice is not uncommon.  A lot of smaller towns do that." 

"Okay," Graham said. 

"We've had some larger municipalities do it," Hewitt said.  "I get a little nervous when I see them do it, because they'll approve 300 invoices in about 45 seconds." 

"Right," Graham said yet again. 

Mayor Smith then asked, "So what type of timeline are you looking at to transition—" 

"Well," Hewitt replied, "we're knee-deep in tax work right now, but probably, I would say, by the end of April we'll try to have you caught up.  The one thing that's got to be done, is we've got, you're over seven years ago, got a lot of problems with and that's got to be cleaned up first, and then start on this current year.  And we will, if we're doing this, we'll no longer be able to do your audit.  I explained that in the letter." 

"Yes," Smith agreed.  "You can also help decrease the cost of that audit, with—" 

"I would think so," Hewitt said, "because we're going to hand you the financial statements that the auditor's got to do.  The only thing they have to do is put their opinion page on the front.  So you won't be paying your auditor to draft a financial page.  Were y'all able to find somebody interested in doing the '06-'07 audit?" 

"Haven't got the proposals back yet," Smith replied. 

"Okay," Hewitt said.  "When you get those, if you want some help looking at them, just holler and we'll sit down and look at them with you." 

"Okay," Smith said.  "And, see, as far as access to our financial information—" 

"It'll be on line so that we can both access it, via the internet," Hewitt answered. 

"We have access," Mayor Smith said, "but we won't be able to change anything." 

"Yeah," Hewitt replied.  "Well, we'll work that out as to whether you change anything.  Our goal is for you all to do as much as you're capable of doing.  And that really depends on the capabilities of your staff.  I think you probably have better staff now than you've had at times in the past." 

"Any other questions for Mr. Hewitt?" the mayor asked, and when there were none the motion passed by a unanimous vote.

 

* * * 

Mayor Smith then turned to the next item on the agenda, which was a resolution that "The rules of order and parliamentary procedure contained in Robert's Rules of Order, Newly Revised, shall govern the transaction of business by and before the Board of Mayor and Aldermen at its meetings in all cases to which they are applicable and in which they are not inconsistent with provisions of the Bethel Springs Charter." 

Alderman Gray moved that the resolution be adopted.  In light of the procedural questions raised earlier in the meeting by Williams and Hickman, the adoption of Roberts Rules of Order was an obvious no-brainer, but Mayor Smith's request for a second was met with dead silence.  For twenty-seven seconds Aldermen Williams, Hickman and Graham just sat there like knots on a log and the motion died for want of a second, leaving the Bethel Springs Town Board with no authority to appeal to on questions of parliamentary procedure.  Congratulations, guys (and gal).

 

* * * 

Mayor Smith trudged onward. "In December of '06, gave out the information on how the agendas would be, and would be available.  And the next item is to adopt a resolution, similarly adopt establishing agenda.  'The mayor or any alderman may have any item placed on the agenda for a meeting by notifying the city recorder by noon on the Wednesday before the meeting, of the subject matter and all attachments which will be presented to the city council as part of the request.  The city recorder shall include this information in the agenda packet for the city council.  No item may be added to the agenda after this deadline except by the affirmative vote of at least a simple majority of those council members present.'  Is there a motion to adopt a formal process for setting and establishing an agenda?" 

"I move we adopt the resolution establishing the agenda," Williams said, and her motion was seconded by Bobby Gray. 

"Questions or comments or discussion?" Smith asked. 

Hickman spoke up.  "It says, 'no item can be added to the agenda after this deadline except by the affirmative vote of at least a majority.'  Does that mean, like tonight, if somebody comes in with something that we, or would we—" 

"We could consider it, yes," Smith replied.  "We could consider it." 

The motion passed by a unanimous vote, whereupon Bob Graham asked a procedural question. "Mayor, on the, I want, I can do this, I guess.  We need some form that, you know, the person that makes the motion is the first person to vote.  That's the way it's always been.  I get to vote first every time.  I don't care.  I mean." 

Mayor Smith alluded to the just defeated resolution.  "If we would do something so simple as adopt, establishing Roberts Rules of Order.  We're not going to be experts in it, but this would give us a groundwork to do something—" 

"I think," Graham said, "you know, like I think everybody needs to know what we're adopting," as though Roberts Rules of Order was some rare and exotic book that no one has ever heard of, when in fact copies are available in every school and public library in the country, and it's even accessible on the internet at no cost at http://www.rulesonline.com. 

"Yeah," Smith replied. 

"You know," Graham continued, "I think you need a copy of that in front of you, maybe, so they'll know what's going on.  Because Roberts Rules of Order can be strict, or it cannot be strict." 

"If we don't even have a groundwork," Smith said, "there's nothing to—"

"Exactly," agreed Graham, who moments earlier had refused to second a motion which would have provided the very groundwork whose absence he was now lamenting. 

After some further Alice-in-Wonderland discussion about wanting to have some order by the very people who had just refused to adopt the commonly accepted authority for providing order, Mayor Smith finally pulled the meeting back through the looking glass, saying, "Bob, you don't want to vote first, so Nancy [Recorder Nancy McClain], in the future, it goes back to whoever makes the motion, whoever makes the motion and call the roll from that place."

 

* * * 

"The next item on the agenda," Mayor Smith continued, "the charter does not spell out or outline who's formally responsible for day-to-day operations.  Traditionally, it's always been whoever serves as the mayor.  This particular resolution is to formally adopt assigning the overall day-to-day operations to the position of the mayor.  And that's what the resolution stated, that "The mayor is to oversee and be responsible for the day-to-day operations, affairs and business of the City of Bethel Springs, Tennessee.'  In accordance with the charter.  And what I'm saying by that, is they're responsible for the day-to-day operations and the business affairs, they have to stay in compliance with the charter, and everything else.  Is there a motion to formally adopt assigning the day-to-day operations to the position of mayor?" 

"Well," Gray said, after a long pause, "I make the motion, because we're not around, anyway.  In the day time." 

"Is there a second?" Smith asked, and once again the remaining three alderman, Larry, Curly and Mo, remained silent, preferring to leave the responsibility for the day-to-day operations unassigned rather than show any support whatever for the mayor.  Way to go, guys (and gal).

  

* * *

"Elected Officials Academy," Mayor Smith intoned, after the previous motion failed for the lack of a second.  "The next item is to formally adopt, 'All elected officials shall attend the Municipal Technical Advisory Service's Elected Officials Academy, Level I, within six months of taking office.  If the Elected Officials Academy, Level I, class is not offered within six months of the official taking office, the official shall attend the next available class offering.'  And MTAS gives a lot of training sessions on how to better serve the public, and this would be a good way that, not only to us but whoever is elected, can better serve the town in the future.  Is there a motion to adopt the resolution to attend the MTAS Elected Officials Academy?"  After a pause of more than twenty seconds, Williams responds. 

"I make the motion.  I have some questions." 

"Is there a second?" Smith asked. 

"Yeah," Gray said.  "I second." 

"Any questions or comments or …" Smith asked. 

"Now this would be for all elected officials to attend this at their own cost and anything, is that correct?" Williams asked, before adding, "We need to understand what we're voting to do.  Not on this board, or all, putting that responsibility on the boards to come." 

"Yes," Smith replied, agreeing with the second point.  "But, as far as the cost, either the town pays for it, or the elected official is reimbursed.  That's already in the charter.  For there to be professional training, and travel expenses.  My intention was that the town pay for this for the elected officials, because we are going to be better serving them with it." 

Town Attorney Melissa Stewart-Leitschuh pointed out that "it's pretty normal" for towns to pay for their officials to attend such training, but Vernon Hickman showed that he didn't think much about stuff like training and such. "From my point of view," said the alderman (and vice mayor), "I don't think it's that much necessary.  I don't think it will help the town for $150 per person just to take this class.  If the mayor wants to take it ….  I mean, that's just my opinion." 

Williams said, "When I attended it, about three years ago now, it was mostly mayors.  At that time I was there preparing to do the planning commission, which has not been too effective for the town. [Laughs.]  But I was sent there.  The town paid my way to go.  And it was mostly mayors, and vice mayors, there.  There was very few aldermen.  But that's been several years ago, and I'm not saying that aldermen don't go, but I agree that it is very helpful, you know, you're going to study, and try to put this in practice, once you are on the board.  But, that was my experience when I was there, it was mostly mayors and vice mayors." 

When the roll was called Williams and Gray voted yes, Graham and Hickman voted no, and the mayor broke the tie by voting yes.

  

* * * 

"The next item on the agenda," Smith then said, "is the Personnel Issue, for the permanent dismissal of Amanda Fullington.  And this short summary, in January she was discharged from employment due to willful misconduct.  Parts of that included disobeying direct orders, insubordination, and being absent from work without good cause or giving her employer reasonable notice." 

Hickman asked if a motion was needed before the matter could be discussed, and then provided the motion, which was seconded by Gray, and Mayor Smith then asked if there was any discussion. 

"Yeah," Williams said, "I would like to make another motion to refer this to a committee, and also for us to look at our policy and procedure for our employees, since we don't really have a very good one at this time.  I have read it.  And my purpose for bringing this up is for one reason and one reason only, that we know, that we are treating all of our employees fairly, when they come here to work.  And that we have a policy and procedure handbook that we can refer back to, to make sure that the employees are being given the benefit of the doubt, and also given an opportunity to defend themselves.  So, I don't know if this motion, if I can make a motion to refer it to committee." 

Attorney Stewart-Leitschuh pointed out that a motion has already been made and seconded, whereupon Hickman withdrew his motion. 

Mayor Smith said to Williams, "I can see how you'd want to improve, because you've mentioned improvement of the employee handbook several times." 

"Exactly," Williams said. 

Smith continued.  "You've also made comments on how you want to make sure that city employees are protected." 

"Exactly," Williams said again. 

"And unfortunately," the mayor continued, "the only thing that protects city employees for the town of Bethel is the employee handbook and the town charter.  They are not protected by the Civil Service Act.  And in order for them to have all of these protections that you're referring to, they would have to be protected by the Civil Service Act, and that's where the miss is, they're not, there has to be a council or committee.  But if I'm not mistaken, I don't think elected officials are part of that council or committee.  And then from that you could fix, or improve, that employee handbook." 

"Right," Williams said. 

Smith continued. "I guess I could probably and check since the inception, city employees for the town of Bethel have never been protected by the Civil Service Act.  And that's what protects them and gives them the options that you're referring to.  Because right now the only thing that they have that works for them, or against them, is the employee handbook and the charter.  That's it." 

"Well," Hickman said to Stewart-Leitschuh, "is she correct?" 

"The Department of Labor decides—" the lawyer began, only to be drowned out by other voices. 

"And it's just not about—" Williams began, and then started over. "And I repeat, I was not bringing this up for that particular employee.  I'm thinking about employees in the future.  Because that's why this one got out of hand, because somebody was thinking it should be done this way, and the board was never given any reason, going back to your, Mayor, you were responsible for the day-to-day hiring and firing, and we had the final vote on it, but you chose the person to hire, if you remember." 

"Well," Smith said, "I think you sat through the—"

"But you never," Williams interrupted, "you never came back to me and said—" 

"Well, I'll presented to the board," Smith said, "and the board could have asked questions, could have said 'We like this person,' but they didn't—" 

"Well we had no problems with that at that time," Williams said, "but then later on things started coming up, and then, the board never was made aware of what was actually going on.  You know, we was hearing stuff, and somebody came to me discussed here in this meeting because it was hearsay—"

"Well, I think I did give y'all a copy of a letter of reprimand," Smith pointed out. 

"Yes," Gray said. 

"I have that letter," Williams acknowledged.  "I have that letter.  But what we never did discover, we were never told what led up to the reprimand.  And I just felt like that was not being fair to whoever it could have been.  It could have been Jack the Ripper.  It wouldn't have made any difference to me, as long as we were being fair.  Any time you hear me bring anything up, it's not against the mayor, the vice mayor, or any alderman on this board.  It's about us being fair, as a board, to people at all times.  Not because I don't like you.  I've heard somebody say that I voted sometimes as because I didn't like you.  That's not true, and I want the public to hear me say this.  I don't ever vote because I don't like somebody.  I vote because I want to be fair, and make sure that the citizens who elected me know that I'm being fair.  I'll stand on that to the day I die, because that's the only way I know to do what we're trying to do.  And, you know, we're no great politicians here, we're just a bunch of little people here, trying to help the town." 

Smith said, "I would probably suggest that we leave the motion to permanently dismiss open until Ms Shirley can get a group together and look at establishing protections for the city employees by using the Civil Service Act, and then that same group can help improve the employee's hand book, so it outlines, that protect them.  Because at the moment the only thing that exists is the employees handbook." 

Five minutes later the board finally around to voting unanimously, on a motion by Williams, seconded by Graham, to form a committee to update the employee handbook.

 

* * *

"That's all the old business," Smith then said.  "Into the new business.  One of the many things that was found during the three year audit, the town doesn't have a written purchasing policy.  We do not have a records retention policy, or a bad debt policy.  We did establish an fixed asset capitalization policy back in the summer at a thousand.  So we'll probably be making improvements for many months to correct a lot of things.  This particular ordinance is an ordinance for a purchasing policy.  It gives general procedures in regards to items expected to cost more than five thousand, general procedures for items expected to cost five hundred to five thousand, and it does refer, as Mike Hewitt was saying earlier, about items that have not been in the budget, and amounts and such.  It does establish competitive bidding.  It also identifies goods and services that are exempt from competitive bidding, in accordance with the Tennessee Code, such as professional services.  It talks about the surplus property, how to dispose of it.  Who can buy it.  Who can't."  She concluded her review of the twelve page document by observing, "This ordinance was provided by MTAS.  It's just a basic purchasing policy, that's been adopted through many towns our size." 

"This is basically what we're doing now, right?" Hickman asked. 

"Well, yes," Smith replied, "but the town does not have a written policy." 

"And they have to," Stewart-Leitschuh pointed out. 

"Yeah," Smith agreed. 

After some further discussion, Mayor Smith pointed out "In accordance with the town's charter, all ordinances have to have at least two readings." 

"I make a motion that we adopt this policy," Graham said. 

Smith pointed out that "this will give you time to study it and stuff.  So we've got the motion for the first reading.  Is there a second?" 

Williams provided the second, and the first reading passed unanimously. 

 

* * * 

Mayor then turned to the last regular agenda items.  "One of the other many things in the three year audit was the town has not been paying its water bills.  It actually goes back to prior to 1999.  I did talk to the auditors and such to see if the town should go back to make those back payments and such, and the recommendation was simply to start paying the water bills.  So we, we'll have to have the water on there, we've been putting water use by city buildings.  That's probably not going to be on there because it's going to be in the water pumped and sold, because the water, the town has to pay the water bill…. That's in accordance with Tennessee Code…, where municipalities have to pay for their public works." 

The regular agenda concluded, Smith then said, "Everybody in the town, I think, owes the Quilters and the United Pentecostal Church a very big thank you, because they're the one who have actually provided for the town sign….  It is a very nice sign, I mean we've been getting compliments from, you know, and we've still got a little bit of landscaping to do, but it's a very nice permanent sign, and I think they have a very high interest in two more signs, and of course they're still looking at what, make improvements to that artesian well, which we're going to have to find somebody that has a little bit more knowledge to make sure that if they do try to make improvements the water don't stop flowing.  That's a big concern."  Ray Hickman was particularly thanked for doing the brickwork on the sign. 

"And then," Smith continued, "you know, the Quilters are also going to do a feature in the Tennessee Cooperator, and that's circulated to more than 100,000 people just in the state of Tennessee.  And that's, you know, if you do business, that's the Co-op.  You're probably going to get that newsletter, or newspaper.  But they, the editor came up on Friday and spent several hours with the Quilters, and we took him for a little tour of the town, you know, to the park, and stuff, of the town.  Ray had finished with the sign, so they got good pictures of the sign." 

Smith then mentioned that "Bulk pickup is on the 15th of March," and that "there has been an interest from the churches in the community for a community Easter sunrise service.  Easter will be the 23rd of March. 

"And that's all the things I've got," she concluded. 

Bob Graham observed that work had started on the replacement of Murray Loop Bridge, and asked if anyone had any information about the Purdy Bridge.  No one had. 

Williams made a comment about the need to clean up the community, then the meeting was adjourned by a unanimous vote on a motion by Hickman, seconded by Graham.  Before the board dispersed, though, Mayor Smith recognized a woman in the audience.  "Yes, ma'am?" she said. 

"I have a question," the woman said.  "Just to clean up, ah, it doesn't pertain to what I'm saying, we have a lot of houses on Bethel Purdy Road, with cars out there.  That is very degrading to the ones that are trying to keep their homes up.  I have a next-door neighbor lives off, and their house is going down the tubes.  But just the cleaning up on the highway is not going to do that.  Those yards and everything, they've got trucks and things up on cinder blocks, it's not getting any better." 

The various board members commiserated with the woman, and Williams said something about setting a goal, but no action was taken to deal with the problem. 

 

 


Town Board Working Meeting

Thursday, February 7, 2008

The Bethel Springs Town Board met at the town hall Thursday, 6 March, for its monthly working session.  Present were Mayor Norma Smith and Aldermen Shirley Williams, Bobby Gray and Bob Graham.  As usual, Aldermen Vernon Hickman did not bother to attend.  

The Agenda for the Regular Town meeting, which will be held at city hall at 6:30 p.m. Monday, 10 March 2008, appears below.

Agenda
Town of Bethel Springs
Regular Town Meeting
March 6, 2008

1, Invocation.

2. Purpose of public meetings: For the general public, the meetings are to allow the public to OBSERVE public policy and public business decision making process.  The mayor serves as the Chairman of the Board and presiding officer of the board, in accordance with the town charter.  Public observers and/or board members who conduct themselves in a disorderly fashion may and will be charged with a minimum of disorderly conduct, harassment, and disturbance of a public meeting.

Should disorder become so great that business cannot be transacted, and the chairman cannot enforce order, as a last resort the chairman can declare the assembly adjourned.

3. Approval of Minutes 

4. Department Reports for review

            a. Water Report

            b. Police Report

5. Financial Statements 

OLD BUSINESS

TABLED MOTIONS from previous meeting:

6. Outsource accounting and controller services: Bids Prohibited for Professional Services.  Taking bids is prohibited "for legal services, fiscal agents or financial advisers or advisory services, educational consultants, and similar services by professional persons or groups of high ethical standards."  Contracts for such services "shall be awarded on the basis of recognized competency and integrity."  The statute specifically permits "interviewing eligible persons or goups to determine the capabilities of such persons or groups" (T.C.A. § 12-4-106).  Requested additional proposals from 2 other firms.  Only one firm submitted a negative reply.  Request motion to accept proposal from ATA certified public accountants for accounting and controller services. 

7. Resolution: Formal adoption of Roberts Rules of Order 

8. Resolution: Formal adoption of Establishing the agenda 

9. Resolution: Formal adoption assigning overall day-to-day operations to the position of Mayor 

10. Resolution: Formal adoption for all elected officials (Mayor and Board of Aldermen) attend MTAS Elected Officials Academy (Level I), within 6 months of taking office or first available class, whichever comes first. 

11. Personnel Issue—Permanent dismissal, Amanda Fullington

NEW BUSINESS            

12. Ordinance for Purchasing policy- 1st reading.

13. Town's water bills 

ANNOUNCEMENTS:

Mayor's Report

Alderman Bob Graham 

Alderman Shirley Williams 

Alderman Vernon Hickman 

Alderman Bobby Gray 

13. Adjourn: ask for motion to adjourn


 

Town Board Meeting

Monday, 11 February 2008

The February meeting of the Bethel Springs Mayor and Town Board took place on the same evening as the McNairy County Commission, so this report was prepared from an audio recording of the meeting.  Since I wasn't there, I missed out on the fireworks, which included the ejection from the meeting of Bethel Springs' previous mayor, Kay Cox, as well as the charge that Alderman Vernon Hickman might face civil penalties for violations of the town charter.

My absence was noted by Alderman Hickman, who is evidently unhappy with me for acquainting the larger public with the way he conducts himself at public meetings.  Suck it up, Alderman Hickman.  We've still got a Constitution in this country, whether you like it or not, and as long as you continue to act like a spoiled, third-grade schoolyard bully, that Constitution protects the public's right to know about it.

And on that happy note, here's the February meeting.


Establishing the Rules

Recent meetings of the Bethel Springs town board have been somewhat unruly, so Mayor Norma Smith began February's meeting by basically restating the rules.

"I'm going to start the meeting with a reminder of the purpose of the public meeting.  The purpose of our public meeting, for the general public, the meetings are to allow the public to observe public policy and the public decision-making process.  The mayor serves as the chairman of the board, and presiding officer of the board in accordance with the town charter.  Public observers and/or board members who conduct themselves in a disorderly fashion may and will be charged with a minimum of disorderly conduct, harassment, and disturbance of a public meeting.  Should disorder become so great that business cannot be transacted and the chairman cannot enforce order, as a last resort the chairman can declare the assembly adjourned.  As elected officials, the board of mayor and aldermen should be problem solvers, not problem makers.  We should be working together for solutions for the betterment of your community.

"In December of 2006, at the very first monthly meeting, guidelines for establishing the agenda, obstructions pertaining to sunshine violations, and specific areas addressed were aldermen restrictions.  Through the course of the year, as mayor and chairman, presiding officer of the board, I've worked hard to conduct meetings in a respectable, orderly fashion.  However, all of those improvements, along with the mature reputation of the town as a whole, were destroyed last month.  If the Sunshine Law had not been violated, there was a perception that it had been.  Therefore, the agenda items ten through thirteen are an effort to address these violations, so that your board serves you, and not their individual agenda.


Former Mayor Disputes Dollar General Announcement

"Throughout the course of the year," Mayor Smith continued, "I've stuck to my goal to be a good steward of the tax-payers' money, find ways to improve our infrastructure, which is our water system, streets, and ditches.  But most importantly, to attract businesses to our town to increase our sales tax revenue.  If we increase the sales tax revenue, we can do more improvements to our roads, our ditches, and our water system.  I've met and spoke with several site locaters since June of last year, most of which require confidentiality agreements.  At last, late this afternoon, the final negotiations have been completed, and it gives me great pleasure to inform you that the wait is over.  In the near future you will have a place to buy bread, milk and eggs.  But more importantly, the town will receive approximately $50,000 in additional annual sales tax revenue with the opening of a Dollar General Store."

The announcement was met with applause, which former mayor Kay Cox did her best to dispel.  Ignoring the remarks that Mayor Smith had just delivered regarding how the meeting was to be conducted, Cox attempted to take the floor.  When Mayor Smith told her that she could not, Cox proceeded to speak anyway, as though she were still in charge.  "It has not been closed," she said, referring to the Dollar General situation.  "It's not been closed," she repeated.

It was only when Mayor Smith informed Police Chief T.E. "PeeWee" Sowell that the rule against interruptions was "going to apply to everybody, no exceptions," that Cox desisted from her take-over bid.  But only temporarily, as it later turned out.


Quarrel Over the Minutes

The contentiousness that has characterized recent meeting reemerged with the first regular agenda item, the approval of the minutes of the previous meeting, with Alderman Hickman complaining that some things that were said at the January meeting did not appear in the minutes.

Mayor Smith pointed out that the purpose of the minutes was not to provide a verbatim transcript of what was said at the meeting, but a record of the actions taken. "The minutes are to record what is done," she observed, "not what is said."

"Every important thing should be put in the minutes and nothing omitted," Hickman said, before accusing Mayor Smith of manipulating the minutes, saying "You have a choice, if you omit whatever you want to.  We don't.  So."

"Well, Vernon," Smith replied, "the minutes are constructed by the recorder, not me.  We've done this before.  We always have this temper tantrum," she said. "We've gone through this before, last year about the same time, about the minutes.  Minutes record what is done, not what is said.  If they recorded everything that was said, you'd have a booklet for every series of minutes."

"Had a pretty good size piece in the opinion page," Hickman said, referring to the write-up in last month's Record, which exposed his petty, spiteful conduct to public scrutiny. "I guess that's why he's not here tonight."  [No, Alderman Hickman, the reason I wasn't there was that the County Commission met the same evening and I can't be in two places at once.  My recorder was there, however, as this report demonstrates.]

Alderman Shirley Williams observed that "If anybody on this board, anybody on this board has anything they want to be corrected in the minutes it should be considered."

"We had a working session on Thursday—" Mayor Smith began.

Williams interrupted, curtly, "I know that."

"—for type of stuff," Smith finished.

"But it wasn't taken care of then, so—" Williams resumed, to be interrupted in turn by the mayor.

"It was not discussed," Smith said, "because two people from the board were not here."  [The two alderman who had not attended the working session were Vernon Hickman and Bob Graham.]

"Exactly," was Williams' ambiguous reply.

"And Vernon didn't even take the liberty to pick up his package until ten o'clock today," Smith added, before turning to Hickman and asking, "What would you like added?"

"Have you got a vendetta?" Hickman asked.

Mayor Smith repeated her question.  "What would you like added on here?"

"Where you denied that anybody brought you mail that day," Hickman replied, "and PeeWee said he did bring you mail.  And you said he didn't."

Smith asked, "What are the exact words you want on the paragraph, Mr. Hickman?"

"I asked you did anybody bring you any mail that day—" Hickman started.

"You don't even recollect—" Smith said.

"—and you stated 'No.' How about giving me time?  I'm thinking on it.  You don't want me to recollect.  And I stated in order, you stated that no one brought you mail.  Then I asked PeeWee, did he bring us mail, bring you any mail.  And he said yes, and then you said it was personal mail.  But, he also made another trip up there to the town's mail, after he delivered—"

At this point Alderman Bobby Gray interrupted, asking Officer Sorrell, "PeeWee?  Didn't you take Kay Cox's mail to her, checks to sign, and everything at home—"

Kay Cox then rejoined the fray. "We're talking about—" she began, only to be drowned out briefly by loud cross talk.  "He's never brought me any personal or town mail," she added, when the noise died down somewhat.  "I took care of it down here."

"He brought you checks to sign," Gray said.

"Sure he did," Cox admitted.  "But not U.S. mail."

"Well, recorder," Mayor Smith said, addressing Nancy McClain, "why don't you just make a little note there that Vernon wants to add his own comments into the minutes—"

"And yours," Hickman said.  "Your reply."

"We don't even have an official way to record that," Smith said.  "Is there a motion to accept the minutes as amended?"  The motion, which had already been made by Gray, was seconded by Williams and passed by a unanimous roll call vote.

[For the record, the exchange which Hickman objected was not reported in the minutes was in fact reported verbatim in my report, which Hickman had dismissed as "the opinion page."   Here it is:

Williams then asked, "What's wrong with him continuing to pick it up and deliver it to the office?"

Hickman replied that "There's nothing wrong with that.  But not to the house.  It should be brought here….  We had that with one person carried some stuff to different places before, and everything is supposed to be here.  Pee Wee, did you take some mail and give it to Norma at her house today?"

"Yeah," Sowell responded.

"Okay," Hickman said with satisfaction.

"Was it personal mail?" Mayor Smith asked.

"Yeah," Sowell said.

"Personal mail that was sent to City Hall for me," Smith said.  "He didn't deliver official mail to my house."

The complete report of the January report can be read below.]


Reports

"Department reviews," Mayor Smith said, moving on to the next agenda item.  "You've got a water report and a police report."

Bob Graham enquired about the water waste on the report, which showed 71% of the 2,750,000 gallons pumped in January (1,965,270 gallons) as wasted.

"The folks at [EGL Consultants] came up with water lost," Mayor Smith replied, "and he believes that it's a large water loss could be attributed to a combination of the old water meters, and during the winter months people let their water drip to prevent them freezing, and that drip could be enough to prevent the water pipes from freezing, but usually the water flow is not enough for the old meters to pick up.  That was his explanation."

"So that's why it's not showing on their bills," Williams remarked.

"Yes," Smith replied.  "That's why there's a large water loss.

After a long pause, Smith asked, "Is there a motion to accept the water and police reports?"  The motion was made by Graham, seconded by Gray, and passed by a unanimous roll call vote.

"The next item on the agenda," Smith then said, "is the financial statement.  There's an overall increase of $25,744.68.  And at the last monthly meeting we asked for all the different departments to start turning in their lists for budget request, and you have a small one there from the police department….  Is there a motion to accept the financial statement?"

Gray made the motion, which Williams seconded with a request. "I believe that the board needs to have a list of bills, and I know we talked about this before, but it's continuing on, and if we are going to vote on paying bills I think—  I know you said we could come into the office and look at it, but it wouldn't hurt to have it in front of us.  So, if we could put that to a motion.  So we can have that, in the future we can have that in our packet then we'll know what we're voting on to be passed."  The motion then passed by a unanimous roll call vote.


Audit and Outsourcing
(and expulsion of former mayor Cox)

"The next item on the agenda is the audit findings and the recommendations," Mayor Smith began, then she went through the audit findings in some detail.  "For the most part of the first year that this board was in office, most of it as far as the accounting and financing, we've been going through the whole year to assemble all the information that we could for the auditors for the audit years of '02-'03, '03-'04, and '04-'05.  And that is finally complete.  Throughout—  In summary, throughout the three year accounting period there were multiple recurring findings for each year that resulted in noncompliance, material weakness, and reportable condition.  These findings can be greatly attributed to a lack of direction, and a lack of municipal accounting and inexperience.

"The different findings.  For one particular year there was a street aid fund that had a deficit of $122.  For several years, Interfund Receivables was in noncompliance.  What that is, is money that's due from one fund to another was not completed within the regulatory time period of a year.  Moving money from one account to another.  For several years the expenditures exceeded appropriations.  Delinquent property taxes were not collected.  Unclaimed property reports were not accomplished.  And then there was a particular finding and recommendation where the auditors had to combine a lot of things into one, and it centered around the lack of proper accounting system and controls.  It was a material weakness.  It was combined with some other findings.  In a prior year there was inadequate support for disbursements, there was improper use of purchase orders, accrued leave, interfund receivables, receipts were not posted in a timely manner, there were bad debts, property taxes, and fixed assets.  Policies and procedures, the town does not have a written purchasing policy for outlining procedures for making purchases on behalf of the town.  We also do not have a records retention policy, a bad debt policy, or a fixed assets capitalization policy.  For all of the years, segregation of duties, the operating structure of the town does not provide adequate segregation of duties between persons with access to assets and those responsible for recording transactions and reconciling records.

"In the area of budgeting, there was a million dollars in grant revenues and expenditures for a sewer grant that were budgeted in the General Fund instead of the Water Fund.  Had the expenditures been budgeted in the proper fund and/or the budget been adjusted for the $1,000,000 that was not expended, then the General Fund would have exceeded budgeted expenditures by $20,446.  And that occurrence happened in 2006 as well.  Payroll tax returns were not filed for multiple years, and that's the item that we brought up in April.  I believe the total amount was around $68,000 that had not been turned in to the IRS.  And then, closure of street aid fund, the street aid fund was closed out of the general fund, and the tracking of  the expenditures in that were not in accordance with the requirements of the Comptroller's office.

"The findings and recommendations, which is about a four to five page, yeah, four pages, the findings that the master statements and the supplemental information booklet are available for public review.  Copies of the four-pages may be provided at no cost.  Copies of the booklet, you can review them at any time, if you want one you may request it, I don't have a cost for the booklet.

"There were several recommendations that were given to the town, over all.  The people of the town of Bethel Springs may be better served, and the board of mayor and aldermen will have access to accurate financial reports and information for better decision making, if we consider outsourcing the accounting and budgeting portions of the town.  After reviewing from previous years,… most of these occurrences with substandard accounting and inventory controls, it is my isolated suggestion it goes back as far as 1984."

That concluded Mayor Smith's comments on the audit. "The next item on the agenda, kind of piggybacks on the auditor's results, and that is to consider outsourcing the accounting and controller services.  Professional type services, bids are prohibited for professional services.  Taking bids is prohibited for legal services, physical interests or financial advisors or adversary services.  I did check with my accountant in Savannah, however they were not able to provide a proposal without first consulting with the town for three to four months review, which would be at town cost.  The auditor, the CPA firm Alexander, Thompson, and Arnold, they pretty much have cleaned it up to the point that it was.  They could do this through your audit.  They were very familiar with our accounting standards and our books and such.  They have presented the town with a proposal.  In a nutshell, they would pretty much take over the accounting and controller services for the town.  The fee for their services provided is $1,300 per month.  They would utilize the town employee that we have to prepare the daily cash report and deposit, and then they will provide the town with the financial statements that we need on our monthly meetings and our quarterly reviews, and then they will also be providing the financial reports and statements that are required at the end of the year for an audit, which could reduce the cost for that audit.  Has the board got any questions about that audit finding and recommendations for that proposal?"

Bob Graham and Shirley Williams then engaged the Mayor in a long and inconclusive discussion which, after several minutes, was abruptly interrupted by former mayor Cox. "Was there any money missing in this office?" Cox demanded loudly, referring back to the audit, which had focused on her administration.

"It's going to be available for you to review," Mayor Smith replied, coolly.

"You didn't answer my question," Cox responded with evident belligerence.

"You're interrupting a business meeting in progress," Smith observed, stating the obvious.  "Now if you would like, I can have you removed.  Would you like that?"

"You don't want to tell us that?" Cox said with increasing stridence.

Mayor Smith had had enough.  "PeeWee.  Please remove her from the room.  We're trying to conduct a meeting."

Cox continued to speak, as though she, not Norma Smith, was in charge of the Bethel Springs Town Board Meetin. "I will say this.  Y'all will be getting a letter explaining the audit.  You will be getting it in probably the next few weeks.  And I would like to say one more thing.  I've been working on the Dollar Store for a long time, but we haven't got it yet.  It's not closed yet.  The property is not transferred.  The owner has not announced it.  And how she did, I don't know."

"They don't even know your name," Smith replied, as Sorrell escorted Cox to the door.

On her way out of the building Cox shouted, "Don't mention Denny Whitley's name—" and Shirley Williams resumed speaking as though nothing at all had happened. "The only thing I'm saying, not just picking one person, I would like for us to have an opportunity as a board to get proposals from other areas and then compare.  We may come back to this proposal—"

"We're not going to get one from Savannah," Mayor Smith said, referring to the firm that had earlier handled the town's accounting.   "Well, you can, but you're going to have to pay them for three to four months of consultation first.  So that they are more aware of the condition of the books, from what they're going to have to do."

"I understand, right," Williams said.  "We just didn't have the opportunity, we can table this until we have a chance to look at some other proposals, whatever they might be."

"That's an option," Smith replied.  "I don't agree with the option, but—"

"Yeah," Williams said.  "Okay.  We don't have to agree.  We can just discuss."

"I think since 1984 is long enough," Smith opined.

"Do we need a motion to table this?" asked Bob Gray.

 "Well," Smith replied, "you can make a motion.  Are you making that motion?"

"I thought we were discussing," Williams interjected.  "You had asked for discussion.  And that's what we've been doing.  I thought what you were saying.  But whenever you're ready for a motion, the floor needs to be open for a motion."  She then argued further for getting more than one quote.

"Any other proposal that we get," Smith responded, the town is going to be obligated to pay [for] consultation.  That consultation is probably going to run you $20,000 or more.  I think the town's money and best interests would best be served if you would allow someone who has the knowledge to keep the books and the financial statement for at least a year, you know, and then re-look at it whenever their proposal comes due, we could get other proposals."

"They's a lot of towns going with this," Gray interjected.  "Dyersburg, and all them."

"I agree that it's a good direction to go," Graham said.  "In light of what we got in the audit, and what's been going on, you know, for the past year."  After some further discussion, Graham said "I make a motion that we table this.  And look at it, you know, come back next month, unless let's just contact, I know we're probably not going to do anything, but, you know, contact some other firms.  Because I know there's a lot of work went into this.  I think we need to do this, you know, but I'm not saying we need to do it with them.  But we do need to do, the town needs to do this."

"Well," Williams said, "I think that if we do vote to table this, it would just give the board members here an opportunity to know exactly what is going on, and [we] need to know exactly what we will be voting for."

Williams finally seconded the motion to table, which passes with Mayor Smith and Bobby Gray voting no.


Murray Loop Bridge—Finally!

"The next item on the agenda is Murray Loop Bridge," Mayor Smith then said, turning to a well-nigh permanent agenda item.  "We've got three bids," she announced.  "One is from Jason King Construction, the total bid price is eighty-two hundred dollars.  JP Excavating, the total bid is $9,000.  And B&B Trucking, the total bid is $9,250."

Smith explained that "the Jason King and the B&B Trucking, both of those include some of the dirt, the gravel, and the white rock.  None of these bids includes the metal culvert.  That will have to be ordered and paid for separately."

After some discussion, Graham made a motion that the board accept the bid from Jason King Construction, and his motion, seconded by Gray, passed by a unanimous roll call vote.


DELTA Grant

Turning to the next item on the agenda, Smith advised the board that, "the Southwest Tennessee Development District has provided us with an opportunity to get free money, there's no additional match, no additional cost.  It's in the form of a DELTA grant to be used for the sewer project, and they provided us with the standard resolution for us to accept a DELTA grant for the sewer project at no additional matching funds or cost, in the amount of $200,000."

Gray made a motion to accept the grant, which Williams seconded, but when called on to vote Bob Graham raised a question instead.  "I'm not against it," he said.  "Anything free.  The only thing I'm wondering about is, say we get this, we come in here and we haven't got our bids on our sewer lines yet.  What if, if we get this grant, and then we turn around and our bids are too high, we've got this grant in hand, and then we'll turn it down because we're not going to do a sewer project.  And then we want to go back again, and get this again, and they say, 'No, you turned it down the first time.'  That's the only thing, you know.  Because we don't know, we've done this before, August and September, when they were supposed to actually get together and actually bid the project."

Mayor Smith replied, "We won't get the response from this until, probably, December.  And what it is, is, what we'll get is, this is a pre-application, and then they'll tell us, 'Yeah, you meet the criteria.  You can apply for the grant.'  So, more than likely, we're going to have some form of bids in here.  And then most of the grant, if you got to that particular project, maybe it falls through, you submit a waiver to use that money, as long as it falls into the realm of that type of infrastructure.  Public service or infrastructure."

After some further conversation, Williams asked, "And you could not use this for any other—"

"That's what I was explaining," Smith replied, 'that if it ends up where if the sewer bids don't come to where, we're looking at pretty much what we said we would do, if the come in and we can afford and we can do it.  But if they don't, most of the grants that we get, either from DELTA, or U.S.D.A., you can put in a request to keep that money and use it for another, as long as it's infrastructure.  Sewer, water.  Sometimes streets.  But it has to be something that is a public service or infrastructure.

"So that's what this is," Smith said finally.  "This is a resolution for a pre-application to a grant for free money of $200,000."

The vote was then taken and passed unanimously.


Clarifying Procedures

Mayor Smith then addressed the increasingly dysfunctional nature of Bethel Springs' town board meetings by making some concrete proposals to deal with it.  As though to demonstrate that dysfunctionality had found a safe haven inside the walls of Bethel Springs' city hall, several board members raised numerous specious objections before tabling the proposals until next month's meeting.  For example: arguing that the board couldn't possibly vote on the mayor's proposals at Monday night's meeting, since the members needed time to consider them—even though the whole purpose of holding "working sessions" on the Thursday before the Monday meetings is to give board members time to "consider" proposals and be prepared to vote on them at the town board's Monday meetings.  Of course, that only works if board members actually bother to show up for the working sessions—or bother to show eeven a modicum of interest in doing their jobs by picking up their packets earlier than Monday.

Mayor Smith began on a hopeful note. "The next four items on the agenda, we can do them all at once.  Going back to what we've went over before.  At the very first monthly meeting of this board, we set out the guidelines for establishing an agenda, to be available before Wednesday, if you wanted to put something on there, you can put that in so that it can be considered.  And then those would be available to the public prior to the meeting.  And then throughout the year we established the working sessions so that the board would be able to review everything, and ask questions, prior to the executive session—that's what this is.  And this is decision-making time. 

"We also went over, at the first monthly meeting, with Paul Simpson, and he provided us some information on the Sunshine Law, and then also some information that pertained to alderman restrictions that [are set forth in] the charter.  And then throughout the year, Melissa [Attorney Melissa Stewart-Leitschuh], if I'm not mistaken, I think you also addressed the Sunshine Law and some other things with the board throughout that time.

"In order for the board to better serve the community, the first resolution that I suggest to the board is for us to adopt, or formally adopt, using Robert's Rules of Order for conducting the meeting.  It keeps things from getting out of hand.  I can give you my opinion.  I think for several years board meetings were probably conducted, got a little of hand, and that is overflowing into this one.  So I would like to recommend to the board for a resolution to formally adopt the use of Robert's Rules of Order for our meetings."

"This doesn't say anything about anything that's not on the agenda," Hickman interjected.

"The agenda is established prior to that," Smith explained patiently.  "You have an opportunity as a board member to suggest things be put on the agenda."

"I make a motion that we postpone this to next month," Graham said.  "These, too," referring to the mayor's other resolutions.  "Everybody needs a copy of this.  I mean, I know what this is, somebody may not be aware."

Hickman, predictably, seconded Graham's motion.

"Is there any discussion?" Smith asked.  "They want to table it until the next meeting."

Williams asked, "As I'm looking at these resolutions, here, is it open for discussion—"

Smith replied, "We're considering them one at a time, really."

"One at a time, yeah," Williams said.  "Looking on down the line, at these others, and if we are going to have, then, working sessions or whatever, to try to make sure that everyone understands what it is they actually do, that would probably include eleven, twelve, thirteen as well," referring to the next three agenda items.  "We've moved to table ten.  I'm saying, as I'm sitting here reading eleven, twelve, and thirteen, they are also things that probably have not been discussed.  And, you know, I agree with you, Mayor, that we have working sessions, but members of the board that were not able to attend that working session because some [unintelligible word] or emergency that has come up, then I don't agree with us just moving ahead on these things until we've had a chance to talk as a board."

"And that's what the working sessions are for," Smith pointed out, once again.

"That's what they're for, right," Williams agreed.  "But if we have them, and half the board is not present, then, you know, I think we need to have the opportunity, to keep the integrity of the board, and the working cooperation among the board members, we need to work toward that, and if we need to do some reading to do that, then I think that we should consider that—"

"The working sessions were requested by y'all," Smith said.  "We started that, we had probably a good dozen, and whenever there are meetings, a quorum equals three.  Repeatedly, these are the same people who do not show up for the working sessions.  Because they forget."

"I didn't forget this past time," said Hickman, who rarely bothers to attend the working sessions.  "I wanted to be here.  But I had something mighty important that I had to dispose of."

"I did, too," added Graham, who also had been absent from the Thursday meeting.  "I had storm damage."

Graham then amended his motion to table agenda item ten to include items eleven through thirteen as well.

"So," Mayor Smith summarized, "that's going to do, we're going to table adopting, or formal adoption of Robert's Rules of Order, we're going to table the formal adoption of establishing an agenda, we're going to table the formal adoption of assigning the overall day-to-day operations to the position of Mayor, and we're going to table the formal adoption for all elected officials, the Mayor and Board of Aldermen, to attend MTAS Elected Officials Academy (Level I), within six months of taking office or first available class, whichever comes first."

Hickman seconded the amended motion, which passed by a unanimous voice vote.


Amanda Fullington Dismissal

"The next item on the agenda," Smith resumed, "personnel issue, concerns the permanent dismissal of Amanda Fullington.  On January 22, 2008, Amanda Fullington was discharged from employment with the town of Bethel Springs due to willful misconduct.  Included with the conduct, Ms Fullington disobeyed direct orders of a supervisor, insubordination, and most recently absent from work without good cause and/or giving her employer reasonable notice.  Ms Fullington was absent from work without notice or good cause from Thursday, January 17, through January 22, 2008, the point of her dismissal.  On January 22, at approximately 10:00 a.m., Ms Fullington contacted a co-worker and was informed that she, Ms Fullington, was discharged, or fired, due to willful misconduct.  Ms Fullington was provided a notice of dismissal on January 22 and refused to acknowledge receipt.  Ms Fullington did not attempt to contact her supervisor until January 30, 2008.  In addition to her most recent incident of being absent without good cause and without giving reasonable notice, Ms Fullington received a letter of reprimand due to insubordination on November 6, 2007.  Additionally, a notice of memorandum dated September 27, 2007, November 5, 2007, and December 28, 2007, along with multiple and continuous verbal counseling by her supervisor.  Ms Fullington was aware of the rules and policies governing disobeying direct orders, insubordination, and absenteeism.  Therefore, as Mayor, and her direct supervisor, it is with deep regret that the town has no other recourse but to dismiss Ms Fullington due to these circumstances."

"Uh," Hickman said, "how do we go about discussing this?"

"Is there a motion for the permanent dismissal of Amanda Fullington?" Smith asked, explaining that there has to be a motion and a second before the discussion can begin.  "In other words, we really don't discuss anything until there is a motion on the table."

"Well, I make the motion," Gray said.  "If she's gone, she's gone."

"Is there a second?" Smith asked.

"I'll second it," Hickman said, "to get the discussion going."

"Then go ahead," Smith said.  "This is the discussion period."

Hickman then resumed the attack on Mayor Smith which he had initiated at the January meeting. "Now, on a Wednesday, I was in here.  You know, this is close.  I don't know who's right and who's wrong.  But the statement I heard, that you had quit talking to her, that you wouldn't talk and she couldn't talk to you.  And you quit signing her supervisor's sheet the last couple of weeks.  I had to do that for the last couple of weeks that she was here.  And she had asked me if we thought that she needed to be off Thursday and Friday, and Monday was a holiday.  I told her [several unintelligible words].  I don't know if I was her supervisor then, or anyway—"

"Well, actually, Vernon—" Smith began.

Hickman: "—because you quit signing it, and someone had to sign it, and—"

"—Vernon," Smith tried again, "in accordance with the charter, in section eleven, there are restrictions on aldermen.  And that section reads, 'the aldermen shall act on all matters as a body.  No member shall seek individually to influence the official acts of any officer or employee of the town.'  It further goes on to state that 'No member shall seek individually to interfere in any way with the performance of duties by any officer or employee.'  In accordance with the charter, your responsibilities as vice mayor, 'The vice mayor shall perform the duties of the mayor during the mayor's temporary absence or inability to act.'  You were appointed as vice mayor in December pretty much by default.  The board members would not appoint Shirley as the vice mayor.  During that time I have never delegated any of my responsibilities to you.  This responsibility was no different.  In addition, it wasn't until the 30th of January that I, the mayor, was even informed that you had told her she could have the days off, and I received that notification from the Department of Labor.  Ms Fullington was fully aware of aldermen's restrictions.

"It was probably inappropriate for you to give her that information.  Probably what was worse is, I'm readily available.  The town has issued me a cell phone, which you and Ms Fullington did have the numbers to.  So whatever relationship or reason that you had to undermine the position of mayor was inappropriate.  And it could be interpreted as a violation of the charter.  And in section forty-three of the charter, 'The violation of any provision of this charter for which penalty is not specifically provided is hereby declared to be punishable by civil penalties, and persons guilty of such violations may be punished.'"

"Well, I don't—" Hickman began, before changing the subject.  "How come you to quit talking to her?  I mean, she couldn't communicate with you.  And that's the reason I thought you wanted me to decide that as her supervisor.  But if you quit signing—"

"I wasn't certifying her time," Smith replied.  "And if you had a question, you could have easily called me.  This isn't about—"

"And you were absent at the time and not available," Hickman interrupted.

Smith: "—this isn't about you being in violation of the charter.  We'll have to do that in a different and separate setting.  This is about the dismissal of Amanda Fullington."

"I think," Hickman said, "I mean, I don't know if this is appropriate right now, that, uh, see, we never could meet, because you didn't want her to come in, you would meet with all the other employees, but you never did have a meeting with her to discuss these problems, which might have been worked out."

"You weren't at that employer meeting—" Smith pointed out.

"I know," Hickman interposed, "but the other people was."

Mayor: "—and we ran out of time before we got to Ms Fullington—"

Hickman: "Well, I didn't know they was supposed to—"

Mayor: "—and like I said, this is not about—  You're wanting to address you in this hearing.  This is my duty.  It's a direct violation of the charter."

"I'm just saying treating people fair," Hickman said, still trying to change the subject.  "They're still an employee here, everybody ought to be talking to them…. She did ask me, and you was not available."

"The item on the agenda is in regards to a personnel issue," Smith said.  Then she added, "We have to add to next month's agenda the civil penalty for Alderman Hickman for being in violation of section eleven of the charter, interfering with the mayor's duties."

"You tell me that's not a personal vendetta," Hickman said, thereby ensuring himself a permanent spot in the Guinness Book of World Records in the category of "Pot Calling Kettle Black."

And then, when Bobby Gray attempted to speak, Hickman shouted him down: "You shut up, Bobby!"

Mayor Smith attempted to restore some order, saying "The item on the agenda is the permanent dismissal of Amanda Fullington, due to misconduct and not showing up for work from the 22nd, from the 17th until the 22nd.  Previously, she had been issued a letter of reprimand for insubordination, by disobeying direct orders, and she was fully aware of those.  Is there a motion for the permanent dismissal of Amanda Fullington?"

Acting recorder Nancy McClain pointed out "there has already been a motion and a second."

When the roll was called, Graham and Hickman vote no, but when Williams' name is called, instead of voting she said, "Attorney [Melissa Stewart-Leitschuh], can I abstain until we have a chance to sit down as a board and work through some of these—"

"You always have the right to abstain," Stewart-Leitschuh replied.

"Well," Williams said with characteristic decisiveness, "I abstain."

Smith and Gray voted no.

After the two-to-two (with one abstention) vote, Graham asked, "So she's not been dismissed.  Is that right?"

"Temporarily," Stewart-Leitschuh replied.  "The mayor has the authority to temporarily, the board has to approve it."


Nancy McClain Appointment

"The next item on the agenda" Smith then said, "is to appoint Nancy [Nancy McClain, the town clerk] as the recorder.  She's already bonded.  She has her notary.  She will be needed to add to the signature card."

"I make that motion," Gray said, and McClain immediately asked, "Is that with the hundred dollars?"

"Yes," Smith replied. "What do you get paid now, Nancy?"

Nancy: "Nine fifty."

Hickman seconded the motion, which passed by a unanimous roll call vote, officially installing Nancy McClain as Bethel Springs' Town recorder.


Ball Field

Smith then turned to "the next item on the agenda, request for the ball field.  The request is from John McIntire, and he is the coach of the traveling girls' softball team.  The name of the team is Thunder.  The team is comprised of members throughout McNairy County, and the team does carry its own liability insurance.  They want to use the ball field for practice on Sunday from two to five, and on Tuesday and Thursday from six to eight.  Normally there is a cost of $25.  However, to the board I'm recommending that we provide the field for this team's practice at no charge based on the following conditions.  The team is responsible for the maintenance and upkeep of the field, and the maintenance and upkeep will include tilling up and dragging and keeping the grass cut.  Throughout the past several years, the field has gone unused, sometimes even uncared.  The ball fields are covered under the town's liability insurance anyway.  There is a monthly electric bill for the concession stand, and it averages $22.56, plus there's an additional $2.50 for the lights, and this is without them even being used.  The balancing fact is the field's maintenance and upkeep and the costs associated with this will far exceed the rental cost for the year.  And in addition, promoting youth activities will greatly benefit and have a positive impact to our community."

"Sounds good," Gray said.  "We need somebody over there."

The request was approved by a unanimous roll call vote.


Rodney Steen

"The next item on the agenda," Smith continued, "is in regard to preparation course for water treatment, and this addition, for Rodney Steen, is offered under TAUD, Tennessee Association of Utility Districts, and currently Bethel, you know we have our own water and distribution system, and in order for someone to enforce that, they have to be certified.  We currently are covered with that certification with George, he's the consultant that we have the contract with.  Rodney would like to pursue getting his certification.  And the prep class is coming up the 25th through the 29th of February.  And then if he is able to get his certification, which will not come here, he will probably have to go through another course or two.  And there's still a test.  They have a thing they call a cram session."

"That's way down the road, though," Gray observed

Mayor: "Kind of like the first test toward getting somebody in the town on certification, so that we can slowly wean ourself off of, uh—"

"Are we still paying that $750 a month?" Gray asked.

"Oh, yeah," Smith replied.

Graham made the motion, which Gray seconded, saying, "I believe in him.  I believe he can pass it."

"Only thing I'd like to say, there," Graham added.  "I think that nobody going to school— I think that's the best thing.  I think PeeWee can answer this.  A lot of people will go to school and get a certification, or a license, same way that PeeWee goes to get an officer.  The next thing you know there's another available position in another town, and the city's out so much money.  What I'd like to do, I know this is just a course, and there's already two towns that are doing that, I think Selmer does it and I can't remember the other town.  If we go into a lot of money with this, which this is just a start, by the time he does all the other, there's going to be several dollars involved.  And if you get your certification, I think we ought to hold him here for a year or two.  If he does quit, then…."

After some further discussion, the motion passed by unanimous roll call vote.


Announcements

"That's the last thing on the agenda," Mayor Smith said, at last.  "We're into announcements.  And, yes, Dollar General is coming.  They have paid for their building permit, and it is being issued.  The town sign.  The granite slab is here.  Haven't checked in the last couple of days to see the status, but they'll get to engraving it, and then we'll start courting Ray Hickman again to finish ripping that out for us.  And then, also, for senior citizens as well, on Wednesday there is some transportation that's available for senior citizens if they want to attend up at the civic center.  This is provided through RSVP. And spring is coming up, so it's time for the town to reengage in enforcing the nuisance ordinance, or the slum ordinance.  So if you, or you think your neighbor might need a little encouragement to clean up their space."

Smith then asked Bob Graham if he had any announcements.

"Yeah, I do," Graham replied.  "It's not on the agenda, but I'm still going to bring this up.  PeeWee and I have talked, and I know that during the time that he's been employed here, how many years?"

"Nine years," Sowell replied.

"Nine?" Graham repeated.  "You've told me, and I know that at one time he was getting an allowance for dogs, is that correct?  And during the time he was making so much money he couldn't make no more money [because of] his Social Security.  Dollar for dollar.  And he's talked to me about an increase.  I don't have a number in mind, you know, and whether we can do anything at this meeting.  It's something I think we need to look at, because during the past, when they've all been given an increase, he's not took it because he was unable to take it because of your Social Security.  Right?  Because you'd get pay back dollar for dollar."

"Right," Sowell replied.  "When I hired in here, I couldn't make so much money.  They'd take it out of my Social Security.  So I wouldn't take no regular, except one $20 raise, and it run over a little bit, and I had to take it out of my Social Security, so I didn't take no more raises.  But the law changed, and I grew a little better looking and older, well, I can make more money now and don’t have to pay back no Social Security."

"You haven't had a raise in nine years?" Gray asked, surprised.

"Eight years," Sowell responded.  "But anyway, I'm on a salary, and I feel like there's a lot of difference in my salary the recorder's salary or the clerk's salary.  Now they're making around $500 a week, five twenty, and I'm making three forty, before everything comes out of it….  So I'd like to have my salary raised up, and leave me on a salary even with the recorder.  And these other small towns, even as big as Selmer is down here, their recorders and chief are all within $25 of one another, down there.  And I'm not even making the money that the starting-in pay gets in the other towns.  And at the last meeting, talking about responsibilities that each one of them had, because they had a lot of responsibilities.  But now I fool with people.  I've got decisions to make in as quick as a second.  It can be wrong and can be right.  And if I ain't right, this whole town's wrong.  And they've got the time to think about the mistakes they might make, and I don't.  I got to go to school.  I got to be certified.  I am counted as a state officer in Tennessee, and the government's officer.  So I feel like my salary ought to be raised up any how, to the recorder's salary.  I may be wrong, but that's how I feel."

"I can understand what you're saying," Mayor Smith responded.  "What you're suggesting is we continue to give PeeWee a pay raise.  Here's the thing about pay raises.  We wanted to do it before, and it has to be supported in the budget.  It was not considered in the budget this year.  We could consider it for the next fiscal year."

"Well, that was my second question," Graham said.  "I wanted you to look at it."

"He currently gets," Smith began, "his salary is $17,680.  That would be on average, if he only worked a forty hour week … would be $8.30.  So if we want to consider it in the upcoming fiscal year budget, we'll need to know how much he wants to consider his pay increase to be."

"Well," Sowell said, the town hall staff "only works thirty-five hours a week.  They're off all holidays and get their salary, I have to work the holidays or the town would get out of control.  So I probably worked—"

"Do you have a suggestion on how much you would like for us to consider?" Smith asked.

"I want to be put up with the recorder's," Sowell replied, "if I can get it."

"Nine ninety-three," Hickman said.  "Nine seventy-three."

Hickman's ally Amanda Fullington, who had only minutes earlier been replaced by Nancy McClain as recorder, had been paid $12 an hour, which was pointed out by Sowell's wife, Katie: "No, he's talking about the twelve dollars."

"We're not giving that to the recorder, now," Hickman said, smugly.

Sowell said, "My letter here says they're getting twelve dollars, I don't know what they've done tonight, twelve dollars and four cents an hour.  But that was for thirty hours, and I'm putting in forty, I mean thirty-five.  Plus all the other days."

"You put in more than forty," Katie Sowell said to her husband.

"Well," Sowell responded, "I've done got forty-four hours in this week, already."

Mayor Smith made on the budget sheet and said, "in the bottom of it I put, to consider an increase to $9.73.  If it's going to be different, then I'll need to know before we start working on the preparation for next year's budget."

"It's not in the budget right now," Graham said.  "It will be July 1, is that correct?  That's when the new budget will go into effect."

Finally, after the mayor mentioned the need to start enforcing the nuisance ordinance and Williams said, "We need to instigate a clean-up week, day or week or whatever we want to call it, for the whole town," the meeting was adjourned.



Town Board Working Meeting

Thursday, February 7, 2008

The Bethel Springs Town Board met at the town hall Thursday, February 7, for its monthly working session.  Present were Mayor Norma Smith and Aldermen Shirley Williams and Bobby Gray.  Aldermen Vernon Hickman and Bob Graham did not appear.


The Agenda for the Regular Town meeting, which will be held at city hall at 6:30 p.m. Monday, 11 February 2008, appears below, and beneath it is a summary of the audit findings and recommendations (agenda item 6).

Agenda
Town of Bethel Springs
Regular Town Meeting
Feburay 11, 2008

1. Invocation
2. Purpose of public meetings
3. Approval of minutes
4. Department Reports for review
    a. Water Report
    b. Police Report
5. Financial statements

OLD BUSINESS
6. Audit findings and recommendations*
7. Outsource accounting and controller services
8. Murray Loop Bridge

NEW BUSINESS
9. Resolution: DELTA grant for sewer project (no additional matching funds/cost)
10. Resolution: Formal adoption of Roberts Rules of Order
11. Resolution: Formal adoption of Establishing the agenda
12. Resolution: Formal adoption assigning overall day-to-day operations to the position of Mayor
13. Resolution: Formal adoption for all elected officials (Mayor and Board of Aldermen) attend MTAS Elected Officials Academy (Level I), within six months of taking office or first available class, whichever comes first
14. Personnel Issue--Permanent dismissal, Amanda Fullington
15. Personnel Issue--Nancy as recorder, with accounting/controller services outsourced.  Additional recorder pay still applies.
16. Ball Fields Request
17. Water Treatment and Distribution certification preparation course for Rodney Steen.
18. Bethel Springs Long-Term Strategic Vision (info and input)
    a. Open projects:
        1) Bethel/Purdy bridge
        2) Murray Loop Bridge
        3) Downtown revitalization/improvement project
        4) New town sign (senior citizens)
        5) Tourism/Historical Preservation listing
        6) Sewer Project
        7) Street Improvements (40K, no-match)
        8) Youth development (4K, no-match)

ANNOUNCEMENTS:
Mayor's Report:
19. Town sign granite slab arrived.
20. Spring clean-up; nuisance ordinance (slum ordinance) enforcement.


*TOWN OF BETHEL SPRINGS, TENNESSEE
SCHEDULE OF FINDINGS AND RECOMMENDATIONS
June 30, 2004 through June 30, 2006

2003-01 Deficit Fund Balance (Noncompliance)

Condition: The State Street Aid Fund has a deficit fund balance of $122.

Criteria: According to State law, no fund should have a negative fund balance.

Effect: The effect is a failure to comply with State law and an inability of the fund to be self sufficient.

Recommendation: We recommend that the Town examine closely the cause of the negative fund balance and take action to correct the situation.

2002-01 Interfund Receivables (Noncompliance)

Condition: Interfund receivables and payables were not eliminated within one year.

Criteria: According to State law, iinterfund receivables and payables should be eliminated within one year, or they must be considered advances and accounted for accordingly.

Effect: The effect is a failure to comply with State law and an inability to repay such interfund balances.

Recommendation: We recommend that all interfund receivables and payables be timely eliminated.  They should be repaid within one year according to State law.

2002-02 Expenditures Exceeding Appropriations (Material Weakness and Noncompliance)

Condition: Expenditures exceeded budgeted appropriations by $2,211 in the Sanitation Fund for the year ended June 30, 2004 and by $74,366 in the General Fund for the year ended June 30, 2005.

Criteria: According to State law all expenditures should be authorized through the budget process.

Effect: The effect is that expenditures have occurred in excess of the budget approved by the Board of Aldermen, and thus are unauthorized.

Recommendation: We recommend that the budget and actual expenditures be closely monitored, and the budget should be amended by the Board of Aldermen if and when unexpected expenditures are required and the Board approves those expenditures.

2002-03 Delinquent Property Taxes (Noncompliance)

Condition: The Town did not submit delinquent property taxes to the county.

Criteria: Tennessee Code Annotated (TCA) 67-5-2005 requires a municipality to file uncollected property taxes with the County Trustee by April 1, after the second year they become delinquent.

Effect: The Town is losing revenue due to delinquent property taxes and the lack of effort to collect those taxes.

Recommendation: We recommend that the Town follow State law and submit delinquent property taxes to the County Trustees at the appropriate time.

2002-04 Unclaimed Property Reports (Noncompliance)

Condition: The Town did not submit an unclaimed property report with the Treasurer of the State of Tennessee.

Criteria: TCA 66-29-106 requires a municipality to submit an unclaimed property report to the Treasurer of the State.

Effect: The Town has failed to comply with State law by not submitting unclaimed property reports.

Recommendation: We recommend that the Town follow State law, and submit unclaimed property reports which are stated in TCA 66-29-106.

2003-03 Lack of Proper Accounting System and Controls (Material Weakness)
(combined with other findings from the prior year--2002-08 Misclassified Transactions, 2002-09 Inadequate Support for Disbursements, 2002-10 Improper Use of Purchase Orders, 2002-11 Accrued Leave, 2002-12 Interfund Receivables, 2002-*15 Receipts Not Posted in a Timely Manner, 2002-16 Bad Debts, 2002-17 Property Taxes, and 2002-19 Fixed Assets)

Condition: The Town had no proper accounting system or controls during the fiscal year.  Transactions were not posted in a timely manner; reconciliations were prepared incorrectly, and did not agree to the general ledger; some cash accounts were not reconciled, a cash account was closed at the bank but not on the books; accounts receivable balances had not been updated, no allowance for bad debts was recorded; transfer balances did not agree; interfund balances did not agree; support was missing for revenues and expenditures and/or many revenues and expenditures were misclassified in the accounting records; purchase orders were prepared after the purchases, or were incomplete; fixed asset records had not been updated; court fines receivable were not recorded; property taxes receivable and other associated balance sheet accounts were not recorded, and grants were not reconciled to the general ledger.  In general, the accounting records were substandard, and many corrections and additions had to be made in order to pro[pare a complete, fairly stated, trial balance.

Criteria: A complete set of accounting records should be maintained.  This set of accounting records should be timely and accurately prepared and reconciled to supporting documentation.  Attention should be placed on classifying and posting transactions to the appropriate accounts.  Controls should be in place to insure that there is a short time lag between the occurrence of the transactions and the posting of transactions.  All accounts should be recorded, updated, and timely reconciled.

Effect: The effect is that the Town and others have been provided substandard, incomplete, and inaccurate financial statements and financial information.

Recommendation: We recommend that the Town maintain a complete set of accounting records that is timely updated, and implement controls to ensure that those responsible for the accounting records do so accordingly.

2002-20 Policies and Procedures (Reportable condition)

Condition: The Town does not have a written purchasing policy to outline procedures for making purchases on behalf of the Town.  They also do not have a records retention policy, a bad debt policy, or a fixed assets capitalization policy.

Criteria: A written set of policies should be approved by the Board of Aldermen to establish proper accounting for such transactions.

Effect: Inconsistent application or policies may result from a lack of formalized documented procedures.

Recommendation: We recommend that the Town examine the written policies in place, and update them as necessary to include the above mentioned areas.

2002-06 Segregation of Duties (Material Weakness)

Condition: The operating structure of the Town does not provide adequate segregation of duties between persons with access to assets and those responsible for recording transactions and reconciling records.

Criteria: An adequate system of internal controls require segregation of duties between individuals with access to assets and those who maintain accounting controls over the assets.

Effect: A lack of segregation of duties provides greater opportunities for errors and fraud.

Recommendation: We recommend that the town evaluate the duties of each employee and separate those duties as possible.  If they cannot be segregated then the Board and/or Mayor should review and document their review of each month's transactions and reconciliations in appropriate detail.

2004-01 Budget (Material Weakness and Noncompliance)

Condition: $1,000,000 in grant revenues and expenditures for a sewer grant were budgeted in the General Fund instead of the Water Fund.  It should have been budgeted in the proprietary fund.  There were no revenues or expenditures for this grant in fiscal year 2004.  However, the budget was not amended.  Had the expenditures been budgeted in the proper fund and/or the budget been adjusted for the $1,000,000 that was not expended, then the General Fund would have exceeded budgeted expenditures by $20,446.  This same situation occurred with the 2006 fiscal year budget, except in the amount of $179,950.

Criteria: Revenues and expenditures should be budgeted in the proper funds, and should be reevaluated periodically to determine if adjustments to the budget need to be approved and made.

Effect: The budget is misleading.

Recommendation: We recommend that revenues and expenditures be budgeted in the proper funds, and the Board reevaluates the budget to actual numbers periodically, and adjusts the budget as necessary.

2005-01 Payroll Tax Returns (Noncompliance and Reportable Condition)

Condition: No federal 941 quarterly payroll tax returns were filed for the fiscal year 2005.  In most cases, deposits were made.

Criteria: In order to be in compliance with federal regulations, 941 payroll tax returns must be filed quarterly, timely, and accurately.

Effect: The failure to file 941 reports causes the Town to violate federal regulations for filing.  In addition, the Town may be required to pay additional penalties and interest for failure to file timely and for any additional payments that were not made.

Recommendation: We recommend that the Town file the returns that the Internal Revenue Service (IRS) has advised have not been filed and that the Town promptly correct this situation with the IRS monetarily.  Also, we recommend that 941 returns be prepared and filed timely as that deposits be made timely as required by the IRS.

2005-02 Closure of State Street Aid Fund and Transfer of Activity to General Fund (Noncompliance)

Condition: The State Street Aid Fund was closed out via a transfer to the general fund and the receipt of the state gas tax and expenditure of those funds is accounted for in the general fund.  No approval for this was obtained from the Comptroller's office.  Also, the tracking of the expenditures in the general fund is not in accordance with the requirements of the Comptroller's office.  State street aid qualifying expenditures in a suffici8ent amount to use up the available reserves and revenue related to state gasoline tax were noted in the general fund.

Criteria: Transfer of the accounting for the state gasoline tax to the general fund can only be done after approval by the Comptroller's office.  Further, expenditures in the general fund meeting the restrictions placed upon the use of the state gas tax must be segregated and identified as state street aid qualifying.

Effect: The failure to account for the expenditure of state gasoline tax in accordance with the provision of state statute may result in the loss of those funds.

Recommendation: Permission to account for the state gas tax in the general fund should be obtained from the Comptroller's office.  Also, future general fund budgets should contain a separate department accounting for the state street aid expenditures.


Town Board Meeting

Monday, 7 January 2008

Watch out, Adamsville!  This week Bethel Springs became a serious contender for the title of Most Dysfunctional Town Board in McNairy County.

Alderman Vernon Hickman even came with his own personal agenda, each item on which was clearly designed to embarrass Mayor Norma Smith and to make it virtually impossible for her to function as the town's executive officer.

The sniping and bickering and back biting went on for well over two hours, with Alderman Bob Graham reliably providing backup for Hickman, Alderman Bobby Gray providing support for the mayor, and Alderman Shirley Williams talking a reasonable game but ultimately siding with Hickman and Graham on every vote—including one resolution which clearly violated the town charter.

And what legislative wonders did the Hickman-Graham-Williams triumvirate produce?  For one—the one which violates the town charter—they voted to change the locks in the city hall so that the mayor would not have access to the portion of city hall occupied by the clerk and the recorder.  For another, they voted to prohibit anyone from picking up the mail except the clerk and the recorder.

Providing backup for the triumvirate's full-court press against Mayor Smith was former Mayor Kay Cox, who chimed in regularly from the sideline to let everybody know how things were done when she was mayor, and Town Clerk Nancy McClain periodically volunteered joyous words about how well she got along with Town Recorder Amanda Fullington and the town's aldermen, failing, somehow, to say anything about getting along with Mayor Smith.

The mayor, for her part, had given her opponents an opening by holding back, without first consulting with the town board, a supplemental payment to town recorder Amanda Fullington, because the mayor could find no authority for making the payment in the town board minutes.  After scolding Mayor Smith for her heartlessness in delaying delivery of the check by several days, the board then provided the authorization (the lack of which had been the mayor's reason for holding back the check in the first place) for paying Fullington an additional $100 a month to cover her "expenses."  This is in addition to the $12 an hour she is already being paid for performing her duties as recorder, which includes the duty of attending meetings of the town board.  The board also empowered Fullington to decided how much, if any, of that "expense" money she would share with her co-worker, Town Clerk Nancy McClain.

It was, all in all, a bad night for Bethel Springs. If Hickman's personal vendetta against Mayor Smith is rooted in a desire to replace her in that position, he may have shot himself in the foot as well, since his ill-considered actions—at least one of which violates the town's own charter—have left the office to which he aspires subordinate even to the town's employees.  Of course, his first action as mayor may be to rescind these resolutions and once again allow the mayor to have access to all city offices and to mail addressed to the town of Bethel Springs—rights which he has irresponsibly stripped from the present holder of that position.


Regular Agenda

The January town board meeting started off innocuously enough.  The minutes were unanimously approved on a motion by Bobby Gray, seconded by Vernon Hickman, and the water and police reports were unanimously approved on a motion by Hickman, seconded by Bob Graham.

It was during discussion of the financial statement that the tension became palpable.  After Bethel Springs police officer T.E. "Pee Wee" Sowell advised the board of plans to purchase a new radar gun, Mayor Smith instructed Town Recorder Amanda Fullington to order the gun and pay for it out of the drug fund.  Alderman Hickman, who is also the town's vice mayor, asked what a radar gun had to do with drugs and questioned the propriety of using drug money for the purchase.

"It comes under the drug fund," Mayor Smith repeated.  "Now if you want to come in tomorrow, I'll get the book for you, and I'll sit down and educate you on what can be used for the drug fund.  That way, if you have to make some decisions on my behalf."

Hickman, who had not shown up for the board's working session the previous week, responded with dismissive laughter, telling the room at large, "We don't get in on much."

It was at this point that former mayor Kay Cox first interjected herself into the town board meeting, leading the current mayor to observe that, "This board, it's open to the public so that the public can observe the elected officials, not so the public can interfere and disrupt the meeting."

When the mayor finally asked for a motion to accept the financial statement, Hickman asserted that he had not received copies of the documents.  The mayor pointed out that they were in the packet he had before him.  Hickman still voted against accepting the financial statement, as did Graham, but the motion passed by a three to two vote.

Next, the mayor advised the board that, "we've got an update with the audit information.  The findings and recommendations are pending with the State Comptroller's office.  A draft will be provided within the next two weeks and is considered confidential until informed otherwise by the auditor and/or state comptroller's office.  A date has been scheduled with the auditor to review the findings and recommendations.  Based on the results, those findings and recommendations will be presented to the board.  Are there any board members that would like to attend the meeting that's scheduled with the auditors?"

In response to a query by Gray, the mayor said that the meeting "is to be scheduled in the next two weeks," and all of the aldermen expressed their intention to attend, as did Kay Cox, who said, "It's my audit."

The board then turned to an item that has been on every month's agenda since last summer: Murray Loop Bridge.  The town had advertised in the Independent Appeal for bids to replace the existing structure and had only received one bid, from Jackie Hamm.  Gray observed that Hamm's bid kept going up, that it started at $13,000, then rose to $15,000, and this month was $18,000.  "In another month," he quipped, "it's going to be $30,000."  After considerable discussion the board voted unanimously, on a motion by Graham, seconded by Hickman, to reject Hamm's bid.  The board then voted unanimously, again on a motion by Graham, seconded by Hickman, for the town to hire a track hoe and for town employees to do the work of installing a culvert in place of the bridge.

In other business the board voted unanimously, on a motion by Graham, seconded by Shirley Williams, to increase the hourly wage of Town Clerk Nancy McClain from $8.73 to $9.73, retroactive to last month, when she completed her 90-day probationary period.

Mayor Smith then discussed the process for reviewing the budget for the coming year.  Board members and town employees should have their "dream sheets," setting forth what they would like to have in the budget, in by the first of the month, and she hoped to have a working draft available for consideration some time in February.

The mayor announced that heating assistance was available for individuals and families that met the income guidelines.  Those needing immediate assistance should contact the McNairy County Community Service Center located at 157 South Y Shopping Center in Selmer (phone: 645-5739).  They will need a copy of their cut-off notice and proof that their monthly family income does not exceed the following limits: 1 household member, $1,063; 2 household members, $1,426; 3 household members, $1,789; 4 household members, $2,152; 5 household members, $2,515; 6 household members, $2,878.  The center will start accepting applications for regular monthly assistance on July 1.

The mayor also announced that "the Southwest Tennessee Development District does have loans available to businesses for start up" at lower interest rates than are available commercially, and she suggested that this would be a good source of funding for someone who was interested in starting a local garbage collection business, which the town very much needs.

And the mayor instructed the town recorder to comply with the formality of advising County Election Commissioner Nancy Kennedy that the town would need to have two of the alderman positions included on the November ballot.


Vernon Hickman's Agenda
I. Mail Pickup

The town's regular agenda was completed in less than an hour, but the meeting was hardly over.  Vernon Hickman had his own personal agenda to attend to.

When Mayor Smith asked if he had anything, Hickman replied, "Yeah, I have three or four things.  I'd like to make a motion that the clerk or the recorder pick up the mail every morning and bring it to the office," and Bob Graham predictably seconded the motion.

Mayor Smith asked why only those two of the city's five employees should be allowed to pick up the mail.  Hickman did not answer the question but instead said, "It should be brought to city hall, not carried to someone's house."

"Has that been happening?" Alderman Shirley Williams asked.

"I can't prove it," Hickman replied.  "I heard about it."

"No," said Mayor Smith, against whom Hickman's motion was directed.  "I don't do any city business at my house."

"And if I did," she continued, "it wouldn't be anything inappropriate.  And as the mayor, I would have the responsibility to look through the mail.  So I think your motion is more of a let's pick on the mayor—"

Hickman interrupted her with an unconvincing show of righteous indignation.  "Everybody that knows me, I do not let personal feelings interfere with my business."

"I don't know what is the problem," Williams said.  "What are they doing up to this point?"

Town Clerk Nancy McClain explained that Pee Wee normally picked up the mail, but that she sometimes picked it up when he was not available, and Sowell himself observed that "I've been picking up the mail for eight years, and we ain't come up a nickel short or lost a letter yet."

Williams then asked, "What's wrong with him continuing to pick it up and deliver it to the office?"

Hickman replied that "There's nothing wrong with that.  But not to the house.  It should be brought here….  We had that with one person carried some stuff to different places before, and everything is supposed to be here.  Pee Wee, did you take some mail and give it to Norma at her house today?"

"Yeah," Sowell responded.

"Okay," Hickman said with satisfaction.

"Was it personal mail?" Mayor Smith asked.

"Yeah," Sowell said.

"Personal mail that was sent to City Hall for me," Smith said.  "He didn't deliver official mail to my house."

Hickman's motion that only the clerk and the recorder be allowed to pick up the mail passed by a vote of three to two, with Williams joining Graham and Hickman in voting yes, and Gray and the mayor voting no.


Vernon Hickman's Agenda
II. Locking out the Mayor

"Okay, Vernon, you got your mail delivery," Mayor Smith said when the roll call was completed.  "What's your next item on your agenda?"

"All right," Hickman said, consulting his list.  "I think being as the recorder and the clerk are responsible for what goes on in the office, they are the only ones that should have a key to it, and if you [the Mayor] want to go in there and check during the day, you should do like you tell us and come during the day.  I don't think anybody ought to go in there and move things after business hours after they've left….  Because they [the clerk and the recorder] are totally responsible.  Anything that's misplaced, they have no way of proving where it went.  And my motion is, that the clerk, they are fully responsible, I don't know if in Selmer the mayor has a key to their clerk's office or not, it's a different territory, it don't matter.  This is just my way that I think would be good, that the clerk and the recorder should be the only one that has a key to that.  Anybody else needs to be in there, they ought to come during the day.  That's the way I have to come and see it.  And the other keys, I think everybody's got their on key, and—"

An incredulous Bobby Gray interrupted to ask, "You mean the mayor can't have a key to get in that office?"

Hickman tried to divert the question, asking one of his own: "Do you have one that you can come down and get in there?"

"I ain't got none," Gray replied, "and don't want none."

"We should have the same right," Hickman said, before adding, suggestively, "if there ain't no secrets going on …."

Mayor Smith, responding to Hickman's assertion that the aldermen "have the same right," said, "But you have restrictions.  You don't have the same responsibilities as the mayor.

Hickman ignored her and said to Gray, "You vote how you want to—"

"Well, I am," Gray replied, "because I don't think that's— The mayor can't have a key to city hall, that's getting pretty bad."

"I didn't say to city hall," Hickman said.  "The clerk's office."

Gray responded, "I thought the mayor run city hall."

"Well," Hickman said to Gray, "let me ask you some questions.  If you were having to be responsible for that in there, would you want two or three keys to be out?"

Although Hickman had addressed the question to Gray, Mayor Smith responded. "Well, actually, I am responsible for what goes in there, and I do have a limit as to the keys that are in there.  The mayor has the overall responsibility for the town."

"That's my motion," Hickman said, petulantly.  "I haven't got a second."

Mayor Smith then began to read from charter: "The mayor has the overall responsibility for the town," she began, but Hickman and Graham ignored her and engaged in a loud conversation of their own, through which the mayor's voice could occasionally be heard.  As, for example, when she read the words "the mayor acts as the executive officer of the town.  The mayor shall have access to all the rules, records, offices and papers."  Finally, Hickman and Graham finished their little chat, and the mayor summed up her position:  "The clerk and the recorder do not have the overall responsibility for the town.  The mayor does.  The mayor has to ensure things are accounted for.  That means the mayor has to ensure employees are accountable, and the mayor will do that."

"You can go in there during the day and check it," Hickman asserted, then he signaled his impatience with the discussion by saying, "I make a motion that the clerk and the recorder are the only ones that has a key to the recorder's office."

After some more talk, Graham seconded the motion.

Mayor Smith then asked, "Is there any more discussion on prohibiting the mayor from having a key to the recorder's office?"

Williams responded: "While we're talking about this, if you say where there's money being handled and things of that nature, we need to know who is responsible.  Now, if the mayor, just said that she was responsible for anything that happens—"

"That's right," Smith interjected.

Williams continued: "—including missing money, or missing records, so how can you control that when you're not really sure about your employees?  I mean, how do you control it when you're not really sure what's going on with the employees?  It seems to me like it would take a lot of pressure off of you, if you have the people that are responsible for these things, right, and then not have that responsibility laying, personally, I would not like to take the responsibility for what the employees are doing."

"As the mayor, I shouldn't have to get permission to go in after hours, when, traditionally, just like last year and probably even this year, I'll probably be the one that has to do most of the hands-on work for formulating the budget," Smith said.  "This is a part time job, and I cannot necessarily be here from seven thirty to four thirty, Monday through Friday.  Sometimes I have to do that type of work in the evenings or on a weekend."

Kay Cox spoke up again. "May I make a suggestion?"

After a long pause, Smith said, "He [Hickman] has the floor."

"It's open for discussion," Hickman said.

"The discussion is with the board members," Smith pointed out.  "If you want the public to be involved, you have to let them be involved."

"Well, we're running the town for them," Hickman replied.  "I think they ought to have an input."

Cox then declaimed.  "In the first place, I wrote the charter.  And in the second place, the recorder and the clerk, they're responsible for everything in this town. They're responsible for the money, I don't mean they're responsible for digging out a ditch, but they are responsible for the money that comes into this town.  Now I can understand the mayor wanting to go into the office, and I'm not saying she shouldn't have a key, because I had a key.  However, the mayor, and I never did it, the mayor should not be in the office when they're not here, going through the records, going through the books, getting into the computer.  That is their job [pointing to the clerk and the recorder].  Now, [pointing to the mayor] you're going to have to take responsibility for anything, like I'm going to have to take responsibility for anything in this audit, and I will take it.  I don't want anybody saying anything about anybody.  They can give it to me.  But the mayor does not have any business being in that office when they're not here, getting in those computers.  How do we know?  I mean, records could be changed.  I'm not saying you would do it, but records could be changed, figures could be changed in the computer.  They [pointing again at the clerk and the recorder] are responsible for that.  No matter what happens, they are responsible.  Now, I called the state audit, because our recorder was stealing money, and I called my own state audit.  And she ended up getting very little, but she did end up getting probation, she had to pay the town back.  But I didn't come down here at night and go through her records.  I found it in the daytime, when I was here.  And I told the state auditor, sitting right there where y'all are, that I am a part-time mayor, just like you are, and I said I am not coming down here every night to count the money, I'm not going to the bank and take the money.  I'm the mayor.  I'm not the recorder, and I'm not the clerk.  So I think anything you need to be going through, you need to be going through it in the daytime when they're here.  That's just my opinion."

Hickman then said to Mayor Smith, "It's to protect you.  It's for your protection." Smith smiled as Hickman delivered those lines with a completely straight face. "Because doors have been opened, things have been moved, computers have been turned on, and there's a lot of friction, a little bit of friction going on right now, and I just felt that that's my motion."

"An employee's received a letter of reprimand for insubordination," Smith replied.  "I can understand why there would be friction."

Williams joined Hickman and Graham in voting for the motion, which carried over the no votes of Smith and Gray.


Vernon Hickman's Agenda
III. "Expense" Check for Recorder

"What's the next item you have on your agenda?" Mayor Smith then asked Hickman.

"Well, let's see.  I wrote it down, I can't hardly read it."  He laughs.

Mayor Smith playfully suggested that he get Recorder Amanda Fullington to help him read it.

"Amanda don't know what I got wrote down," Hickman responded stiffly.

"Have we got our checks?" Hickman finally asked.  "I want to make a motion that we get our checks tonight."

Mayor Smith replied that "Bob [Graham] mentioned last month that we get them on Thursday, and we were going to hand them out on Thursday [at the working session], but you and Ms Shirley weren't here, so you'll get them on the working session [sic] on Monday.  [To Fullington:]  Would you go get me the check, he hasn't picked it up yet.  It was in there today, he could have gotten it.  I don't know why you didn't ask for it today."

"Now wait a minute," Williams said.  "They were passed out on Friday.  I was told two months ago that we would no longer get our checks on Monday, at the regular meeting, that we would only get our checks on Thursday after the meeting.  When did that change?"

Mayor Smith replied, "Y'all asked if you could get them on another night."

After some crosstalk, Hickman said, "We’ve been having to wait until next Thursday.  I said there's no sense in that, we always got our checks at the meeting.  And that's when I was going to make the motion that we get our checks at the next meeting.  But, [waving the check that Fullington had just handed him] we got them before I made the motion."

Hickman's odd behavior in making a motion that he get a check which he could have picked up earlier in the day was explained moments later when Recorder Amanda Fullington, the beneficiary of all of Hickman's motions, spoke up and said, "I haven't received mine, though."

"Where's yours?" Hickman asked with theatrical surprise.

"I don't know," Fullington replied.  "It was not in the folder.  It was in there Friday when I left."

"She received her regular check," Mayor Smith explained.  "We got a check for her recorder's fee, and it was brought to my attention that whenever we hired her as recorder it wasn't with an additional pay.  It was with her $12."

"Okay," Hickman said, taking over for Fullington, "but we've been doing it for a year—"

"No, we have not been doing it for a year," Smith interjected.

"—and then all of a sudden she don't get one.  I think she should go ahead and get one and then we can do whatever we do at the next meeting."

"I need to know what the board remembers," Smith said, "because it is not reflected in the minutes.  That's what I'm asking."

"So who complained about her getting paid?" Williams asked.

Smith replied, "Another citizen brought it up and wanted to know why she was getting paid $12 an hour and getting a recorder fee when people in the past didn't get paid that much—"

"This is a citizen that come into the office and looked into the records and know that we were paying her?" Williams asked, her voice dripping with skepticism.

"Well, they asked, and it was public record," Smith replied.  That person "wanted to know if she was being paid $12, they thought that was too much, and if she was getting that was she also getting recorder pay," and was she supposed to be getting both.  "I've asked for a copy of the minutes.  It's not reflected in there.  I know that there was some discussion about it, but I don't—"

Williams said that "Nobody's pay should be held back without the board have voted that this should happen, because we voted to hire that person," adding that "Any changes needs to be brought before the board."

Williams, referring to an earlier working session, then asked the mayor, "Do you remember me saying, 'This board needs to know everything that's happening in this office.  Because I walk out there on the street and some person approaches me and says, "Shirley, you're an alderman, and I hear this is going on," and I don't know about it?   But the only way I'm going to know about it is if somebody, but we don't come to this office day by day.'  So right now you [Mayor] are the person that's doing that, so you have to be the one to let us know when there's a complaint from a citizen, or wherever it's from."

Mayor Smith immediately addressed Amanda Fullington and reminded her that on December 7 she had told her "if you give one alderman information, you need to call them all."  Then she asked, "Have you contacted any of the aldermen between December 7 and now to give them any information?"

"Not on any business, but yes I have contacted—" Fullington began.

"Not on any business," Mayor Smith repeated.

"Well," Williams broke in, "you called about some things that were going on, because I had a call from the office saying that there was something going on that the aldermen need to know about.  So we have, I have received a call, I don't know if all aldermen received a call—"

Fullington responded, "I called y'all on a water leak.  But since then I've not."

After some further conversation, Mayor Smith said she still needed the board to decide whether Fullington should receive the additional $100 a month.

Kay Cox then jumped in again, saying, "The $100 check does not cover her coming to this meeting.  The reason that was given is because it covered expenses, going back and forth to the bank, and then to the post office, and everything else.  You're paying her $25 a week, if there were four weeks in the month, $25 a week for car expense or anything else she has to spend, plus come to the working meeting, plus come to this meeting."

Mayor Smith suggested that Fullington be reimbursed for her actual expenses, as other town employees are, rather than be given a set amount each month, but Hickman argued in favor of continuing the $100 payment, adding that Fullington could reimburse McClain out of the $100 for any expenses that McClain might incur while filling in for Fullington.

This led to a prolonged discussion of the town's personnel policy, with Williams arguing for a complete overhaul of the employee handbook, which ended with Graham suggesting that the town "have MTAS look it over and come back with some recommendations."

"But don't you think she should get her check tonight?" Hickman eventually said.  "We all got ours."

This led Williams back to her complaint about not having been consulted.  "This needs to be talked about prior.  And if we vote tonight that she will no longer be paid this, it's taken care of.  But let's not just draw out somebody's check that they've been getting prior, and say tonight they can't get it without the board having a chance to discuss it.  That's the only thing I'm asking."

Mayor Smith tried again to explain what she had done. "I guess maybe what people don't agree with is, maybe, the method.  And I didn't want to sign it unless that's what we were supposed to do.  To err is human.  If I wasn't supposed to have signed it in the past, then it shouldn't have been in the thing, or the recorder or the clerk should have brought it to my attention, that, 'Hey, I'm not supposed to be getting this.'  But an employee is not going to come and tell you they're not supposed to be getting a paycheck.  So, that's why I'm bringing it up to the board tonight.  When we appointed her as the recorder, I know there was discussion about her pay, if she was going to receive additional pay or if that was all she was going to get."

Nancy McClain then spoke up. "I have a question, since one day I might be in this position.  But every recorder up to this point had got a hundred dollars a month, because we were going back through the payroll."

"Yeah, they did," Mayor Smith acknowledged.

Fullington then said, "And I discussed it with you, mayor, whenever I was hired in, whenever it was voted in for me to be recorder.  I asked you was I going to receive the $100 pay, and you said yes."

"And I said that's what I would recommend to the board, yes," Mayor Smith agreed.

"They did not get $100 every month," Cox volunteered.  "They got what the aldermen got.  When they got $25, that's what the recorders got.  And we paid them $75 when I was here, because that's what the aldermen made.  And that like I said was for expenses and coming to the meetings."

All this was too much for Pee Wee Sowell, who attends every city council meeting. "Tell them how much I got," he demanded of Cox.  "For attending every meeting.  Nothing."  Cox nodded agreement.  "And they ain't no better than I am," he concluded with logic so irrefutable that it went unanswered.

Eventually, Mayor Smith tried again to float the idea of reimbursing the recorder for her actual expenses, but Hickman held out for the full $100 payment to Fullington, again repeating that she could reimburse McClain for any expenses McClain might incur while filling in for her.  "I'm sure they can work that out," he concluded, saying he was confident they wouldn't need any paperwork.

"Yeah, me and Amanda get along," McClain added, helpfully.

"But," Williams said, "for future people who may come after you, this needs to be in a handbook where you can read it." 

"The employee handbook," Mayor Smith said.  "How about making that part of an action to consider placing the town employees under the Civil Service Act.  Melissa [addressing attorney Melissa Stewart-Leitschuh], off the top of your head, I've talked to you about the Civil Service Act and how it complies, and I know that I didn't ask you, but since we're talking about all of this, and you correct me if I'm wrong if you remember anything.  What the Civil Service Act is, most towns have employees protected under the Civil Service Act.  Then if they're not, as in our case, the only thing that protects employees are the employee handbook and [unintelligible word or two].  So, to be kind of blunt about it, employees have no rights, the way that our town is set up right now, because they're not protected under the Civil Service Act."

Williams asked, "You said they have no rights, is that what you're saying?"

"Pretty much, yes, if they are not protected under the Civil Service Act.  Now, in order for them to be covered, and get all of those benefits and entitlements and protections under the Civil Service Act, there has to be a Civil Service Board.  If I'm not mistaken, the board cannot consist of elected officials.  Most of the boards are, most of the boards consist of employees.  It's a board, and they're they ones that come up with—"

Graham and Hickman both interrupted, dismissing the idea out of hand. "I don't think we're a big enough town to do that," Graham said, and Hickman added with a dismissive chuckle, "I think we can do some things simple."

Graham said, "I just think we need to go back through MTAS and update our personnel policy and—"

Hickman interrupted, saying "All you do is treat them right and just be good to them, that's all you can do….  I can't even lay my employees off without letting them draw.  If they get fired, they still draw.  They've got pretty good rights," he chuckled again.

"Your employees don't work for a municipality," Mayor smith pointed out. "It would be better to try to ensure that they are protected by the Civil Service Act."

"Well," Williams said, "if that's the only way we can go, that's something we need to talk about.  But I need to know, we need to have a good working environment….  And if we don't have that, we're going to be lacking employees here, and then there's going to really be a problem.  So, I think it's our responsibility, because we're the people, sitting on this board, who vote to hire these people.  Let's make sure that we are doing whatever is necessary to make these employees know that as a board we are protecting them.  And that also, that we will continue to do whatever, and make sure that it's in writing somewhere.  And things keep coming up, keep popping up, we can't have that, that's not the way that government should be run.  Everybody on this board should know exactly what's going on, and it needs to be written down somewhere.  At all times.  That's all I'm asking.  And we're going to have to do that, or else we're going to fail as a board.  And as a government as well."

Mayor Smith pointed out that "The aldermen have had access to their box, throughout the year.  I do know that has not been checked very frequently by the board members.  And then we're going to add a 'read file,' to give you an extra copy of everything that comes in."

Williams said, "Ah, well, how do you think it should be handled, so that we are aware of information that's coming and going, and that we're aware of—  First of all, there should be no changes made without coming, being brought to the board."

"Right.  Right," Hickman chimed in.

"Well," Mayor Smith suggested, "instead of, for all that day-to-day operations of the town, now it's pretty much up to the mayor, maybe the board should meet on a weekly basis, and y'all could get the information and be kept abreast of all of that and could work it that way."

"I have no problems with it," Williams said, "as long as we're being informed of what is going on, and we're not asked to vote on something or to, to discuss something that we're not aware of.  As I said, this is the second time that I have brought this up, and we definitely have to move on it.  It's holding back the progress of the town if you don't get that done."

"So," Smith said, "would the board like to meet on a weekly basis, so that you could get information on a weekly basis?  And then in addition to the 'read file,' the recorder and the clerk can bring—"

Hickman's enthusiasm for being informed did not extend that far. "Let them go on with their work.  How they been treated and stuff like that.  But as long as things is moving smooth, we have no reason to meet.  I mean," he said, speaking to the mayor whose authority he had been attempting to undermine all night long, "you're still going to be the one they're looking to for direction—"

"Well, no," Smith interrupted.  "No.  I'm not."

"Okay," Hickman said.  "Well, do I have you permission to come down and look through them?"

"You've always had access to them," Smith replied.

"Okay," Hickman repeated.  "I'd say, whenever the alderman has time to come in and look, let them come in and look.  Pretty soon you're going to have thirty day meetings, if we keep having meetings for this and meetings for that."

"Well," Mayor Smith said, "you don't show up for them anyway."

Smiling largely at the discomfort he had already caused the mayor with his long agenda, Hickman said, "Well, I'm here tonight, ain't I?"

Nancy McClain then felt the urge to include the aldermen in the praise she had so far bestowed largely on Amanda Fullington: "I will say this for the board.  They pop in every now and then and ask if everything is going all right.  We see 'em.  You know, they come in the office.  They ask if everything is going all right, you know, if we need anything, you know, we see, we see a lot of them, the board, so—"

Mayor Smith interrupted the stroking, asking Hickman, "Did you have a motion on the table?"

"I think we done voted on all the motions," Hickman replied (incorrectly).  "It's just discussion."  Then, apparently thinking that he hadn't insulted Mayor Smith enough for one night, he said, "And, uh, I'd like to add something else.  We need to change the locks, we need a deadbolt and a lock changed out.  Can you do that [to Nancy McClain]?"

"There's no need to do that," Smith said.  "All I have to do is give them the key."  Then she added, "I guess I'd like to make on record because now the recorder and the clerk are responsible for—"

Hickman interrupted: "That's why I think they need new locks—"

"—and that way the mayor can not be held accountable."

"New locks and a deadbolt," Hickman added.

"But Amanda," the mayor said, addressing Fullington, "I would like that in the minutes, please, that the board approved that the recorder and the clerk—  Go back to that motion that Vernon made …."

Fullington read: "The motion was made by Vice Mayor Hickman, request that the clerk and the recorder be the only ones to have keys to the office, the recorder's office."

Mayor Smith then added, "And that the recorder and the clerk are the ones responsible and accountable, because I will not be held responsible."

"Fair enough," Graham remarked.

Attorney Stewart-Leitschuh then reminded the board that it had not yet voted on whether to pay the $100 to Fullington, which launched yet another round of discussion, including another paean from McClain on the beautiful relation she and Fullington have with each other.  "We work, I must say this, me and Amanda work real good together…. We go good together, we work good together.  If there's something that she wants me to do, I'll do it, if it's something I need her to do, she does it.  And I don't think we've ever had a fuss."  She ended with a giggle.

Graham then made a motion that Fullington receive the money, and Williams then seconded it, whereupon Fullington then read the motion to the board: "For the recorder to receive $100 for the meeting and miscellaneous expenses."

"Right.  Right," Graham said, then Fullington made sure that she was not going to be limited to just the $100 a month.  "Now this is not going to include if I have to travel outside, this is just for daily miscellaneous expenses," she explained to the board.

Cox jumped in again before the vote was taken. "My philosophy when I was here was 'Employees come first.'  If you keep the employees happy, everything else will fall into place, and we had a family here.  If one was sick, we were all sick.  Or, we loaned each other money.  You know, we were a family.  We didn't have all this bickering."

Not to be out done, McClain added, "I think the people of Bethel Springs come first.  We work for them."

When the vote was taken, at long, long last, it passed with the votes of Hickman, Graham, and Williams, with Smith and Gray voting no.


Vernon Hickman's Agenda
IV. Freeing the Slaves

Even then, Hickman was not through.
"Vernon," Mayor Smith asked, "do you have any more motions?"

"No," Hickman said, but then he launched into one last round of mayor-bashing.  "I think the, I've got something to say, though.  They don't need, if you have differences with them, they would like a little more freedom.  They're scared if, they're afraid to do anything, afraid they're going to lose their job.  And I tell them, I said, 'The mayor cannot fire you."

"They don't have to worry about it now," Smith said, "because I'm not the one that's going to be held accountable.  They are.  So I don't have to follow up and make sure that they—"

"They don't need to be nervous," Hickman continued, as though the mayor wasn't even there, "working on a nervous environment, they need to have a little freedom."

Mayor: "I'd be nervous, too, if I—" the mayor began, but Hickman rolled on, undeterred: "They need to have a little freedom, and then if the board finds that they're not doing their job down the road, then we'll" take care of the problem.

And with that, Vernon Hickman finally came to the end of his agenda.


Murray Loop Bridge, Redux

There was more, yes there was, including an announcement to the board by former mayor Cox that the Midwest Woodworking building was actually owned by the Town of Selmer and not by the McNairy County Industrial Board, the tax consequences of which were briefly discussed.

Finally, when the mayor tried for the second or third time to adjourn the interminably long meeting, Joe Murray spoke up loudly from the chair in which he had been sitting for more than two hours.  "Wait a minute," he said in a voice entirely devoid of patience.  "I've got some business to bring up.  One, what day is our garbage supposed to be picked up on?"  Upon being told that the holiday schedule had been published in the newspaper, Murray replied that he didn't take the paper, so that "don't tell me anything."  He suggested that putting the notice on the water bill made much more sense. "Then I wouldn't be out picking it up after the varmints scatter it."

But what really had him riled up was the delay in dealing with the problem of the Murray Loop Bridge. "I've sat back and been quiet for six months.  Now we're fixing to get to pushing.  I've got some cattle I've got to bring out from over there.  There's no way I can get them out without having to load 'em, carry 'em out on the highway, reload 'em, and I'm not fixing to do that.  Now, the town has had ample time to do something.  Because you sat back and wouldn't vote on something, or wouldn't approve it on the first bid, the next one went up, the next one went up, you can figure this one is going up."

Hickman chose to argue with Murray, without any noticeable success, and Mayor Smith attempted to explain the delay, but Murray was not satisfied.

"Let's say, regardless of what took place, it's reached a point now, if something is not done in the next forty days, the town will be tied up in a lawyers' dispute, and let them settle it.  Because you've reached the point, you've cost me money all summer."



Town Board Meeting

Monday, 10 December 2007

Minutes
Town of Bethel Springs
Regular Town Meeting
December 10, 2007

Mayor Norma Smith called the regular Town Meeting to order at 6:30 p.m. on December 10, 2007. Mr. Williams led the invocation. Those in attendance were: Mayor Norma Smith,Vice Mayor Vernon Hickman,  Alderman Bob Graham, Alderman Shirley Williams, Alderman Bobby Gray, Recorder Amanda Fullington and the citizens of Bethel Springs.

Mayor Smith asked for a motion to approve minutes from the November 13, 2007 meeting. Alderman Bobby Gray made the motion to accept the minutes. Vice Mayor Vernon Hickman seconded the motion. Board members voted as follows: Alderman Bob Graham –yea, Vice Mayor Vernon Hickman-yea, Mayor Smith-yea, Alderman Shirley Williams-yea, and Alderman Bobby Gray-yea. Motion carried.

Mayor Smith presented the Water and Police Department Reports for review. Mayor Smith asked for a motion to approve the reports. Alderman Bob Graham made the first motion. Alderman Shirley Williams seconded the motion. All in favor motion carried.

Mayor Smith presented the financial statement. Mayor Smith asked for a motion to accept the financial statement. Vice Mayor Vernon Hickman made the first motion. Alderman Bob Graham seconded the motion. All in favor motion carried.

Mayor Smith presented Old Business:

Mayor Smith gave all in attendance an update on the audit. The 3 year audit issue has been an on-going project throughout the year. The accounting firm auditing the town’s financial statements has determined that they cannot be independent due to the extent of consulting work required to get the town’s books ready to audit. As a result they will issue the town’s financial statements with a disclaimer of opinion. The disclaimer by the accounting firm in no way is an indication that the town’s records are not auditable. The Tennessee Comptroller’s Office has indicated this disclaimer will be acceptable this one time. Findings and recommendations based on the results of the accounting firm’s work will be presented to the board.

Water system improvements: Open for discussion
    •    Pursue grants to improve/extend water
    •    Replace meters, tank maintenance, etc.
    •    Extend water lines to outlying houses.
Discussion: John Gage reported that there were at least 25-30 valves that needed to be replaced on the water lines. Mr. Gage also presented two estimates for a generator to be used as a back-up for the water system.


Mayor Smith presented new business.

Mayor Smith presented Resolution No. 07-12-10. Mayor Smith asked for a motion to adopt resolution pertaining to Downtown Enhancement project/grant. Resolution required as part of grant application. Vice Mayor Vernon Hickman made a motion to adopt Resolution No. 07-12-10. Alderman Bobby seconded. All in favor motion carried.

Budget Review and FY08-09 budget prep. Mayor Smith informed the Board of the need to prepare for next years budget.

Bethel Springs Long-Term Strategic Vision. Discussion of Grants the Town has applied for.
 
Mayor Smith asked for a motion to send out a bid for the Murry Loop Bridge. Vice Mayor Vernon Hickman made a motion to get three bids. Alderman Bobby Gray seconded. All in favor motion carried.


Mayor Smith announced Christmas parade/gathering times. 5:30 parade assembly; 6:30 parade;
7:30 gathering at Community Center with light refreshments, live Christmas/gospel entertainment by One Heart.


Mayor Smith Updates

SEWER:  UPDATE, as of 6 Dec, bids will be requested by entire project and by phases. As of Oct 9th, the board unanimously voted in favor of pursuing installing the sewer by pumping to Selmer. The engineers will resume completing some engineering work, coordinate with the Department of Tennessee Transportation Department, and work on other permits needed to prepare for requesting bids on the project. Once bids are received, the board will accept or disapprove the bids.

GAS STATION/CONVENIENCE STORE and OTHER RETAIL DEVELOPMENT: There have been several inquiries and visits by site locators from various major retailers. Most interested in developing the area west of the 45-by-pass. All waiting for sewer determination.

TOURISM/HISTORICAL PRESERVATION:  The town will submit specifics no later than 10 December pertaining to the use of the remaining McNairy County TE-21 monies ($1.5 million-$1.75million) for things such as Street Beautification for the towns of Adamsville, Bethel Springs and Selmer. The Town of Bethel will still pursue similar grants on our own behalf, in the event that plan does not materialize. In October, the board did decide to pursue a grant to revitalize/improve the downtown area.

ANNOUNCEMENTS:

Mayor Smith asked Aldermen for any announcements. Replies were as follows:
Alderman Bob Graham: No
Alderman Shirley Williams: Stated that Rosenwald made donations to the Carl Perkins Center.
Alderman Vernon Hickman: No
Alderman Bobby Gray: No

Mayor Smith asked for a motion to adjourn.  Vice Mayor made the first motion. Alderman Shirley Williams seconded the motion. All in favor meeting adjourned.


Town Board Working Meeting

Thursday, December 6, 2007

The Bethel Springs Town Board met at the town hall Thursday, December 6, for its monthly working session.  Present were Mayor Norma Smith and Aldermen Bob Graham, Shirley Williams, Bobby Graym and Vernon Hickman.

The board reviewed the agenda items for the regular December meeting.

The agenda for the December 10 meeting appears below.


Agenda
Town of Bethel Springs
Regular Town Meeting
December 10, 2007


1. Invocation.

2. Purpose of public meetings

3. Approval of Minutes

4. Department Reports for review
    a. Water Report
    b. Police Report

5. Financial Statements

OLD BUSINESS

6. Audit update: The 3 year audit issue has been an on-going project throughout the year.  The accounting firm auditing the town's financial statements has determined that they cannot be independent due to the extent of the consulting work required to get the town's books ready to audit.  As a result they will issue the town's financial statements with a disclaimer of opinion.  The disclaimer by the accounting firm in no way is an indication that the town's records are not auditable.  The Tennessee Comptroller's Office has indicated this disclaimer will be acceptable this one time.  Findings and recommendations based on the results of the accounting firm's work will be presented to the board.

7. Water system improvements: Open for discussion
    a. Pursue grants to improve/extend water
        i. Replace meters, tank maintenance, etc.
        ii. Extend water lines to outlying houses

8. Resolution No. 07-12-10.  Ask for motion to adopt resolution pertaining to Downtown Enhancement project/grant.  Resolution required as part of grant application.
NEW BUSINESS

9. Budget Review and FY08/09 budget prep (Feb).

10. Bethel Springs Long-Term Strategic Vision (info and input)

11. Murray Loop Bridge — ask for motion to send out for another bid.

12. Christmas parade/gathering: 5:30 Parade assembly; 6:30 Parade; 7:30 gathering at Community Center with light refreshments, live Christmas/gospel entertainment by One Heart.


ANNOUNCEMENTS:

Mayor's Status Updates:

SEWER: UPDATE: As of 6 Dec, bids will be requested by entire project and by phases.  As of Oct 9th, the board unanimously voted in favor of pursuing installing the sewer by pumping to Selmer.  The engineers will resume completing some engineering work, coordinate with the Department of Tennessee Transportation Department, and work on other permits needed to prepare for requesting bids on the project.  Once bids are received, the board will accept or disapprove the bids.

GAS STATION/CONVENIENCE STORE and OTHER RETAIL DEVELOPMENT: There have been several inquiries and visits by site locators from various major retailers.  Most interested in developing the area west of the 45 by-pass.  All waiting for sewer determination.

TOURISM/HISTORICAL PRESERVATIONS: The town will submit specifics no later than 10 December pertaining to the use of the remaining McNairy County TE-21 monies ($1.5 million to $1.75 million) for things such as Street Beautification for the towns of Adamsville, Bethel Springs, and Selmer.  The town of Bethel will still pursue similar grants on our own behalf, in the event that plan does not materialize.  In October, the board did decide to pursue a grant to revitalize/improve the downtown area.

Alderman Bob Graham:

Alderman Shirley Williams:

Alderman Vernon Hickman:

Alderman Bobby Gray

13. Adjourn: ask for motion to adjourn.


Town Board Working Meeting

Thursday, November 8, 2007

The Bethel Springs Town Board met at the town hall Thursday, November 8, for its monthly working session.  Present were Mayor Norma Smith and Aldermen Bob Graham, Shirley Williams, and Bobby Gray.  Alderman Vernon Hickman was not present.

The board reviewed the agenda items for the regular November meeting, which will be held on the second Tuesday of this month rather than the second Monday, which is a holiday.

The agenda for the November 13 meeting appears below.


Agenda
Town of Bethel Springs
Regular Town Meeting
November 13, 2007

1. Invocation

2. Purpose of public meetings

3. Approval of Minutes

4. Department Reports for review

    a. Water Report
    b. Police Report

5. Financial Statements


OLD BUSINESS

6. Audit update: The 3 year audit issue has been an on-going project throughout the year.  The accounting firm auditing the town's financial statements has determined that they cannot be independent due to the extent of the consulting work required to get the town's books ready to audit.  As a result they will issue the town's financial statements with a disclaimer of opinion.  The disclaimer by the accounting firm in no way is an indication that the town's records are not auditable.  The Tennessee Comptroller's Office has indicated this disclaimer will be acceptable this one time.  Findings and recommendations based on the results of the accounting firm's work will be presented to the board.

7. Strategy for Bethel Springs (informational): Historical Preservation, Tourism, History/Heritage = Economic Development.

8. Water system improvements: Open for discussion
    a. Pursue grants to improve/extend water
        i. Replace meters, tank maintenance, etc.
        ii. Extend water lines to outlying houses


NEW BUSINESS

9. Selling the town's property: At the last monthly meeting, Alderman Graham inquired on the possibility to sell one of the town's vacant lots for a business.  Alderman Hickman reminded the board that if the property were to be sold, the town must have a public announcement for an invitation to bid.  The town should always exercise due diligence, especially with economic development, etc.  Item open for discussion.

10. Murray Loop Bridge: Jackie Hamm has the culvert on order.  When the materials arrive, they will begin replacing the bridge.

11. Codes Enforcement: Particularly, zoning and the "slum" ordinance.  Rodney will serve as the Mayor's designee.  Amanda will accomplish administrative tasks.

12. Christmas parade/gathering: Selmer's is the 6th, Adamsville is the 9th.  Ours on 8 or 15?  In the evening or during the day?


ANNOUNCEMENTS:

VFW Veteran's Day Celebration at Community Center, 11:00, Saturday (10 Nov)

Thanksgiving Gathering — Wed, November 14th, 11:30, Community Center, Pot Luck—bring your favorite dish.


Mayor's Status Updates:

SEWER: As of Oct 9th, the board unanimously voted in favor of pursuing installing the sewer by pumping to Selmer.  The engineers will resume completing some engineering work, coordinate with the Department of Tennessee Transportation Department, and work on other permits needed to prepare for requesting bids on the project.  Once bids are received, the board will accept or disapprove the bids.

GAS STATION/CONVENIENCE STORE: (No change since 3 July 2007):  The IDB will play an integral part in assisting developers and attracting retail to the town. Developers inquired on status of city’s assistance.   The Mayor obtained a venture from Southeastern Investment Corporation to build and manage a gas station/convenience store.  CSFS expects gross revenues from the store to be 1.2 million annually with additional 3.75 million in fuel sales.  The city’s portion of the additional sales tax revenue would be 50K to 60K per year, in addition to 15-18 new jobs created in the community.  Meetings were conducted btw the Mayor, CSFS, and the property owner.  CSFS requested the city to assist with the venture by providing the following:  Required septic/sewer, ingress and egress to the property, proper drainage and storm water runoff, manhole for safety and proper storm water system, access roads, and traffic light.  Public funds (grants) cannot be used to improve private property.  Bethel Springs does not or can not provide required septic/sewer system for the property without the sewer system.

TOURISM/HISTORICAL PRESERVATION: Southwest Tennessee Development District has provided the town with a partial list identifying historical sites in Bethel Springs.  Once the list is completed, the next step will involve visual identification of sites/landmarks and GPS markings.  The Mayor met a while back with McNairy County Mayor and representatives from SWTDD pertaining to the TE-21 grant to promote tourism and historical landmarks.  Purdy was initially designated as the trail head; however, there have been changes.  The county is now considering utilizing the remaining $1.5 million to $1.75 million for things such as Street Beautification for the towns of Adamsville, Bethel Springs, and Selmer.  The Town of Bethel will still pursue similar grants on our own behalf, in the event that plan does not materialize.  In October, the board did decide to pursue a grant to revitalize/improve the downtown area.

Bethel Springs Fall Artisan Trail Head.  (Tourism IS Economic Development)  In 2006, Tennessee's tourism generated a $13.4 billion economic impact to the state's economy, a $1 billion increase for the second consecutive year.  More than 181,000 Tennesseans are now employed in the state's tourism industry.  Payroll generated by direct travel spending grew 3.1% to $5.1 billion in 2006.  Tennessee's 49,750,000 overnight and day-trip visitors provided more than $1 billion in state and local sales tax revenues for the second consecutive year.

Bethel selected as the trail head again by Arts in McNairy.  A second day has been added to accommodate the anticipated increase in traffic volume and several new tour stops.  Workshops and studios will be open 10 a.m. to 5 p.m., Nov. 17 and noon to 5 p.m., Nov. 18.  Maps will be available at the AAT trail head located at the Bethel Springs Community Center as well as other stops on the trail.

The tour will include: broom making, pottery, weaving and looming, woodturning, metal sculpture, woodcarving, blacksmithing, painting, quilting, beading, basketry, and photography.  There will also be several rural heritage stops like the McNairy County Museum, Big Hill Pond State Park, Duncan Christmas Tree Farm, and Beulah Land Alpaca Farm.

For more information, call 731.645.3850 or 731.610.1365, or visit artsinmcnairy.com.

Alderman Bob Graham:

Alderman Shirley Williams:

Alderman Vernon Hickman:

Alderman Bobby Gray

13. Adjourn: ask for motion to adjourn.



Minutes of Town Board Meeting

Tuesday, October 9, 2007


Because the Bethel Springs town board this month meets the same evening as the Selmer Town Board—and because I do not yet have anyone to help me cover meetings, hint, hint—there will be no first-hand report of the 9 Octoberber Bethel Springs town board meeting.  What follows are the minutes of that meeting.

Minutes
Town of Bethel Springs
Regular Town Meeting
October 9, 2007


Mayor Norma Smith called the regular Town Meeting to order at 6:30 p.m. on October 9, 2007. Chief T.E. Sowell led the invocation. Those in attendance were: Mayor Norma Smith, Vice Mayor Vernon Hickman, Alderman Bob Graham, Alderman Shirley Williams, Alderman Bobby Gray, Recorder Amanda Fullington and the citizens of Bethel Springs.

Mayor Smith asked for a motion to approve minutes from the September 10, 2007 meeting with two corrections to be made. Corrections as follows re: Inventory Partially completed to be changed to Completed, also 6th paragraph second line audit to be corrected to Audit. Vice-Mayor Hickman made the motion to accept the minutes. Alderman Bob Graham seconded the motion. Board members voted as follows: Alderman Bob Graham –yea, Vice Mayor Hickman- yea, Mayor Smith-yea, Alderman Shirley Williams-yea, and Alderman Bobby Gray-yea. Motion carried.

Mayor Smith presented the Water and Police Department Reports for review and discussion.

Mayor Smith presented the financial statement. Mayor Smith asked for a motion to accept the financial statement. Alderman Shirley Williams made the first motion. Alderman Bob Graham seconded the motion. Vote went as follows: Alderman Graham-yea, Vice Mayor Hickman-nay, Mayor Smith-yea, Alderman Williams-yea, and Alderman Gray-yea. Motion carried.

Mayor Smith presented Old Business:

Mayor Smith gave all in attendance an update on the audit. PENDING WITH STATE COMPTROLLER-- financial and accounting reports will be completed during the next two weeks. Audit firm will submit reports to the State Comptroller’s office for review and either      1) approve Hewitt to complete the audit or 2) recommend another audit firm to complete the       3 year audit.

Mayor Smith asked for a motion to pursue a Transportation Enhancement grant for Downtown Improvements for the City of Bethel Springs. Alderman Bob Graham made a motion to pursue the grant. Alderman Shirley Williams seconded the motion. All in favor motion carried.

Mayor Smith presented new business.
 
Mayor Smith asked the Board if they were interested in attending the Elected Officials course. Alderman Shirley Williams has already attended. No one else was interested in attending at this time.

Mayor Smith asked for a motion to approve job description and pay scale for a code administrator/enforcement representative. Pay scale of $200.00 per month flat rate with $20.00
gas allowance. Average 2-5 hours per week.  Alderman Shirley Williams made a motion. Alderman Gray seconded the motion. Vote went as follows: Alderman Graham-nay, Vice-Mayor Hickman-nay, Mayor Smith-nay, Alderman Williams-yea, and Alderman Gray-yea. Motion denied.

Mayor Smith asked for a motion to increase garbage rate from $8.00 to $8.10 due to landfill fee increase. Alderman Bob Graham made a motion to accept increase. Vice-Mayor Hickman seconded the motion. All in favor motion carried.

Mayor Smith asked for a motion to adopt a policy for public records with copy and research charges. Alderman Bob Graham made a motion to accept MTAS public records policy. Vice-Mayor Hickman seconded the motion. All in favor motion carried.

Mayor Smith informed the Board of youth requesting an area for activities.

Mayor Smith informed the Board that the Town must have a Certified Municipal Finance Officer, or Chief Financial Officer nlt January 1, 2012.

Mayor Smith informed the Board that the Industrial Development Board is in need of 2 more members.

Mayor Smith asked for a motion to install a sewer system via pumping to Selmer. Alderman Bobby Gray made a motion. Alderman Bob Graham seconded the motion. All in favor motion carried.  

 Mayor Smith Updates

GAS STATION/CONVENIENCE STORE: (No change since 3 July 2007):  The IDB will play an integral part in assisting developers and attracting retail to the town. Developers inquired on status of city’s assistance.   The Mayor obtained a venture from Southeastern Investment Corporation to build and manage a gas station/convenience store.  CSFS expects gross revenues from the store to be 1.2 million annually with additional 3.75 million in fuel sales.  The city’s portion of the additional sales tax revenue would be 50K to 60K per year, in addition to 15-18 new jobs created in the community.  Meetings were conducted btw the Mayor, CSFS, and the property owner.  CSFS requested the city to assist with the venture by providing the following:  Required septic/sewer, ingress and egress to the property, proper drainage and storm water runoff, manhole for safety and proper storm water system, access roads, and traffic light.  Public funds (grants) cannot be used to improve private property.  Bethel Springs does not or can not provide required septic/sewer system for the property without the sewer system. 

TOURISM/HISTORICAL PRESERVATION:  (No change since August meeting) SWTDD is in the last staging of completing the initial research step to identify historical sites in Bethel Springs.  Next step will involve visual identification of sites/landmarks and GPS markings.T-21 grant (McNairy County).  The Mayor met with McNairy County Mayor and representatives from SWTDD pertaining to the T-21 grant to promote tourism and historical landmarks.  Purdy is designated as the trail head.  There will be a driving tour to Bethel Springs.  Bethel Springs will be a walking tour to the following locations:  1)  house by the railroad tracks; once a union hospital; on record as the first house built in Bethel Springs; 2) Presbyterian Church, already listed on the National Historical Landmark Registry; 3) Breastworks; 4) civil war/African American cemetery; 5) Natural spring near the pump house.

Mayor Smith asked Aldermen for any announcements. Replies were as follows:
Alderman Bob Graham: Asked Mayor Smith if the Town would be interested in selling the vacant lot on Main St. Mayor Smith said the Town would consider accepting bids.
Alderman Shirley Williams: (Bethel Springs Cultural and Heritage Foundation) will be meeting Oct 30, 2007 at 6:00 p.m. at the community center all are invited to attend.
Alderman Vernon Hickman: re: Vacant lot. Stated if the Town was to sell the property there would have to be a public announcement for an invitation to bid.
Alderman Bobby Gray: None

Mayor Smith asked for a motion to adjourn.  Alderman Williams made the first motion. Vice-Mayor Hickman seconded the motion. All in favor meeting adjourned.



Town Board Working Meeting

Thursday, October 4, 2007

The Bethel Springs Town Board met at the town hall Thursday, October 4, for its monthly working session.  Present were Mayor Norma Smith and Aldermen Bob Graham, Shirley Williams, and Bobby Gray.  Alderman Vernon Hickman was not present.

The board reviewed the agenda items for the regular October meeting, which will be held on the second Tuesday of this month rather than the second Monday, which is a holiday.

The board also received an update on the town's rate study from John Charlson and several other MTAS representatives and was briefed by Sylvia Mathis Palmer of SWTDD on grants which the town might be eligible to receive.

The agenda for the October 9 meeting appears below.


Agenda
Town of Bethel Springs
Regular Town Meeting
October 9, 2007

1. Invocation

2. Purpose of public meetings

3. Approval of Minutes

4. Department Reports for review

    a. Water Report
    b. Police Report

5. Financial Statements

OLD BUSINESS

6. Audit update: PENDING WITH STATE COMPTROLLER-- financial and accounting reports will be completed during the next 2 weeks.  Audit firm will submit reports to State Comptroller's office for review and either 1) approve Hewitt to complete the audit or 2) recommend another audit firm complete the 3 yr audit.

7. Strategy for Bethel Springs

8. Water system improvements: Open for discussion

    a. Pursue grants to improve/extend water

        i. Replace meters, tank maintenance, etc.
        ii. Extend water lines to outlying houses

NEW BUSINESS

9. Elected Officials course.

10. Codes Administrator description and pay scale

11. Transportation Enhancement grant

12. Landfill fee increase (garbage rate increase)

13. Adopting policy for public records.

14. Sewer determination

15. Property Taxes Relief Process

16. FEMA/NFIP

17. COUNTY 3-Star award incentives.  Ceremony was held at State Capital, 12 Sept.

18. Youth requesting activities.

19. Town must have a Certified Municipal Finance Officer, or Chief Financial Officer nlt January 1, 2012

20. Industrial Development Board Appointments: Still need 2 more members.

ANNOUNCEMENTS:

BETHEL/PURDY BRIDGE: Submitted plans to state for hydraulic approval

CITY HALL WILL BE CLOSED 31 OCT FOR TRAINING

VFW Veteran's Day Celebration at Community Center this year.

Thanksgiving and/or Christmas celebration/parade: Events will be centered around what the people of the town support; if there is not support (volunteers), there will be no events.

c. Mayor’s Status Updates:

SEWER: - In December, the Board voted in favor of suspending the current sewer collection treatment project until alternative systems can be researched to decrease/lower the cost to each resident.  The Mayor has coordinated with MTAS, the consultants, and the engineering firm; there is not a less expensive type.  Areas researched include, but are not limited to, the type of pump/grinder used, altering the route of the hook up with Selmer.  Alternative/financing mechanisms have been researched as well, such as attracting new retail businesses and using the additional sales tax revenue to off-set the out of pocket monthly expense for each homeowner; using Tax Increment Financing (TIF).  The Mayor requested an additional CDBG grant from the McNairy County, using the county’s eligibility, on the town’s behalf to decrease the overall loan cost of the sewer.  Results of the McNairy County board are pending; however, the McNairy County Health Department also submitted a request which could impede our receiving the grant.  The county will only receive one per year.  On August 14, a meeting was convened between the Mayor, the area director, area specialist and state engineer with USDA, along with engineers from Askew & Hargraves.  After discussion throughout the group, an alternative sewage collection system with a deep cell lagoon and drip field was identified as a possible alternative sewer system that may reduce the overall cost to the community.  This system will circumvent sending the sewage to Selmer.  Instead, the sewage will be pumped to a lagoon and drip field here in Bethel.  The engineers along with the state engineer will complete a revised cost estimate and rate study.  Once the revised estimate and rate study are provided, they will be presented to the board for consideration.

GAS STATION/CONVENIENCE STORE: (No change since 3 July 2007): The IDB will play an integral part in assisting developers and attracting retail to the town.  Developers inquired on status of city’s assistance.  The Mayor obtained a venture from Southeastern Investment Corporation to build and manage a gas station/convenience store.  CSFS expects gross revenues from the store to be 1.2 million annually with additional 3.75 million in fuel sales.  The city’s portion of the additional sales tax revenue would be 50K to 60K per year, in addition to 15-18 new jobs created in the community.  Meetings were conducted btw the Mayor, CSFS, and the property owner.  CSFS requested the city to assist with the venture by providing the following: Required septic/sewer, ingress and egress to the property, proper drainage and storm water runoff, manhole for safety and proper storm water system, access roads, and traffic light.  Public funds (grants) cannot be used to improve private property.  Bethel Springs does not or can not provide required septic/sewer system for the property without the sewer system.

TOURISM/HISTORICAL PRESERVATION: (No change since August meeting)  SWTDD is in the last staging of completing the initial research step to identify historical sites in Bethel Springs.  Nex step will involve visual identification of sites/landmarks and GPS markings.  T-21 grant (McNairy County).  The Mayor met with McNairy County Mayor and representatives from SWTDD pertaining to the T-21 grant to promote tourism and historical landmarks.  Purdy is designated as the trail head.  There will be a driving tour to Bethel Springs.  Bethel Springs will be a walking tour to the following locations: 1) house by the railroad tracks; once a union hospital; on record as the first house built in Bethel Springs; 2) Presbyterian Church, already listed on the National Historical Landmark Registry; 3) Breastworks; 4) civil war/African American cemetery; 5) Natural spring near the pump house.

Alderman Bob Graham:

Alderman Shirley Williams:

Alderman Vernon Hickman:

Alderman Bobby Gray

10. Adjourn: ask for motion to adjourn



Minutes of Town Board Meeting

Monday, September 10, 2007


Because the Bethel Springs town board this month meets the same evening as the McNairy County Commission—and because I do not yet have anyone to help me cover meetings, hint, hint—there will be no first-hand report of the 10 September Bethel Springs town board meeting.  What follows are the minutes of that meeting.

Minutes
Town of Bethel Springs
Regular Town Meeting
September 10, 2007

Mayor Norma Smith called the regular Town Meeting to order at 6:30 p.m. on September 10, 2007. Mr. Don Jackson led the invocation. Those in attendance were: Mayor Norma Smith, Vice Mayor Vernon Hickman, Alderman Bob Graham, Alderman Shirley Williams, Alderman Bobby Gray, Attorney Melissa Stewart, Recorder Amanda Fullington and the citizens of Bethel Springs.

Mayor Smith asked for a motion to approve minutes from the August 6, 2007 meeting. Alderman Bobby Gray made the motion to accept the minutes. Alderman Shirley Williams seconded the motion. Board members voted as follows: Alderman Bob Graham –yea, Vice Mayor Hickman- yea, Mayor Smith-yea, Alderman Shirley Williams-yea, and Alderman Bobby Gray-yea. Motion carried.

Mayor Smith presented the Water and Police Department Reports for review and discussion.

Mayor Smith presented the financial statement. Mayor Smith asked for a motion to accept the financial statement. Alderman Shirley Williams made the first motion. Alderman Bobby Gray seconded the motion. Vote went as follows: Alderman Graham-yea, Vice Mayor Hickman-nay, Mayor Smith-yea, Alderman Williams-yea, and Alderman Gray-yea. Motion carried.

Mayor Smith presented Old Business:
o    Capital Asset Inventory Procedures: Partially completed.
o    Water System Improvements: Open for discussion
a: Pursue grants to improve/extend water
         i: Replace meters, tank maintenance, etc.
        ii: Extend water lines to outlying houses

Mayor Smith gave all in attendance an update on the audit. The audit should be completed during the next two weeks. audit firm will submit reports to the State Comptroller’s office for review and either 1) approve Hewitt to complete the audit or 2) recommend another audit firm to complete the 3 year audit.

Mayor Smith presented the board with the property tax rate for the year 2007. Mayor Smith asked for a motion for the property tax rate to remain unchanged at $0.6100.  Vice Mayor Hickman made a motion to approve Property tax rate to stay the same. Alderman Graham seconded the motion. All in favor motion carried.

Mayor Smith asked for a motion to table bids until 120 days prior to expiration of current contract for garbage collection. ASCO Sanitation Contract does not expire until October, 2008. Alderman Graham made a motion. Vice Mayor Hickman seconded. All in favor motion carried.
  
Mayor Smith presented new business.
 
Mayor Smith requested motion to hire Ms. Nancy McClain at the pay rate of $8.73 hr. Pay scale to remain the same as Mrs. Hart with a 90 day probationary period with a pay increase to $9.73. Alderman Bob Gray made the motion to hire Ms. McClain on a permanent basis. Vice Mayor Hickman seconded the motion. All in favor motion carried.

Mayor Smith asked for a motion to appoint Amanda Fullington as town recorder due to Mrs. Hart’s resignation. Alderman Williams made a motion. Alderman Gray seconded. All in favor motion carried.

Mayor Smith asked for a motion to accept Mr. Jackie Hamm’s estimate to repair Murry Loop Rd. Bridge with paving. Pay in full from existing budget. Alderman Graham made a motion. Vice Mayor Hickman seconded. All in favor motion carried.

Mayor Smith asked for a motion to approve job description template for a code administrator/enforcement representative. Alderman Williams made a motion. Alderman Gray seconded the motion. Vote went as follows: Alderman Graham-yea, Vice-mayor Hickman-nay, Mayor Smith-yea, Alderman Williams-yea, Alderman Gray-yea. Motion carried.

Mayor Smith Updates

SEWER:  - In December, the Board voted in favor of suspending the current sewer collection treatment project until alternative systems can be researched to decrease/lower the cost to each resident.  The Mayor has coordinated with MTAS, the consultants, and the engineering firm; there is not a less expensive type.  Areas researched include, but are not limited to, the type of pump/grinder used, altering the route of the hook up with Selmer.  Alternative/financing mechanisms have been researched as well, such as attracting new retail businesses and using the additional sales tax revenue to off-set the out of pocket monthly expense for each homeowner;  using Tax Increment Financing (TIF).  The Mayor requested an additional CDBG grant from the McNairy County, using the county’s eligibility, on the town’s behalf to decrease the overall loan cost of the sewer. Results of the McNairy County board are pending; however, the McNairy County Health Department also submitted a request which could impede our receiving the grant.  The county will only receive one per year. On August 14, a meeting was convened between the Mayor, the area director, area specialist and state engineer with USDA, along with engineers from Askew & Hargraves.  After discussion throughout the group, an alternative sewage collection system with a deep cell lagoon and drip field was identified as a potential alternative sewer system that may reduce the overall cost to the community.  This system will circumvent sending the sewage to Selmer.  Instead, the sewage will be pumped to a lagoon and drip field here in Bethel.   The engineers along with the state engineer will complete a revised cost estimate and rate study.  Once the revised estimate and rate study are provided, they will be presented to the board for consideration.
 
(Background): Board voted in favor of suspending the current sewer collection treatment project until alternative systems can be researched to decrease/lower the cost to each resident.  The Mayor has coordinated with MTAS, the consultants, and the engineering firm; there is not a less expensive type.  Areas researched include, but are not limited to, the type of pump/grinder used, altering the route of the hook up with Selmer.  Alternative/financing mechanisms have been researched as well, such as attracting new retail businesses and using the additional sales tax revenue to off-set the out of pocket monthly expense for each homeowner;  using Tax Increment Financing (TIF).  Additional areas to request are approaching McNairy County to obtain a CDGB grant on the town’s behalf to decrease the overall loan cost of the sewer.

GAS STATION/CONVENIENCE STORE: (No change since 3 July 2007):  The IDB will play an integral part in assisting developers and attracting retail to the town. Developers inquired on status of city’s assistance.   The Mayor obtained a venture from Southeastern Investment Corporation to build and manage a gas station/convenience store.  CSFS expects gross revenues from the store to be 1.2 million annually with additional 3.75 million in fuel sales.  The city’s portion of the additional sales tax revenue would be 50K to 60K per year, in addition to 15-18 new jobs created in the community.  Meetings were conducted btw the Mayor, CSFS, and the property owner.  CSFS requested the city to assist with the venture by providing the following:  Required septic/sewer, ingress and egress to the property, proper drainage and storm water runoff, manhole for safety and proper storm water system, access roads, and traffic light.  Public funds (grants) cannot be used to improve private property.  Bethel Springs does not or can not provide required septic/sewer system for the property without the sewer system. 

TOURISM/HISTORICAL PRESERVATION:  (No change since August meeting) SWTDD is in the last staging of completing the initial research step to identify historical sites in Bethel Springs.  Next step will involve visual identification of sites/landmarks and GPS markings.T-21 grant (McNairy County).  The Mayor met with McNairy County Mayor and representatives from SWTDD pertaining to the T-21 grant to promote tourism and historical landmarks.  Purdy is designated as the trail head.  There will be a driving tour to Bethel Springs.  Bethel Springs will be a walking tour to the following locations:  1)  house by the railroad tracks; once a union hospital; on record as the first house built in Bethel Springs; 2) Presbyterian Church, already listed on the National Historical Landmark Registry; 3) Breastworks; 4) civil war/African American cemetery; 5) Natural spring near the pump house.

Mayor Smith asked Aldermen for any announcements. Replies were as follows:
Alderman Bob Graham: None
Alderman Shirley Williams: Continue to encourage citizens to attend exercise class.
Alderman Vernon Hickman: None
Alderman Bobby Gray: None

Mayor Smith asked for a motion to adjourn.  Alderman Williams made the first motion. Alderman Gray seconded the motion. All in favor meeting adjourned.
_______________________________
MAYOR
 _______________________________
CITY RECORDER




Town Board Meeting

Monday, September 10, 2007


Because the Bethel Springs town board this month meets the same evening as the McNairy County Commission—and because I do not yet have anyone to help me cover meetings, hint, hint—there will be no first-hand report of the 10 September Bethel Springs town board meeting, the agenda for which meeting is reproduced below:

Agenda
Town of Bethel Springs
Regular Town Meeting
September 10, 2007

1. Invocation

2. Purpose of public meetings: So the public may observe the board in the decision making process.

3. Approval of Minutes: ask for motion to approve minutes

4. Department Reports for review

    a. Water Report
    b. Police Report

5. Financial Statements


OLD BUSINESS

6. Capital Asset Inventory Procedures status update: Partially completed

7. Water system improvements: Open for discussion

    a. Pursue grants to improve/extend water

        i. Replace meters, tank maintenance, etc.
        ii. Extend water lines to outlying houses

8. Audit update: financial and accounting reports will be completed during the next 2 weeks.  Audit firm will submit reports to State Comptroller’s office for review and either 1) approve Hewitt to complete the audit or 2) recommend another audit firm complete the 3 yr audit.

9. Property Taxes.  The Board must decide each year and notify the state on the property tax rate for each year.  Request a motion from the board for the Property Tax rate to remain unchanged at $6.6100

    a. The assessment process

        • Property is classified based on its use and statutory assessment percentages are applied to appraised values

            Residential property            25%
            Farm property                25%
            Commercial and industrial property    40%
            Public utility property            55%
            Business personal property        30%
       
        • Example: a residence appraised at $100,000 would have an assessed value of $25,000

10. ASCO Sanitation Contract.  Contract does not expire until 2008.

NEW BUSINESS

11. Personnel issue: Mrs. Hart’s resigned.  Request motion to hire Nancy McClain at $8.73 hr.  Ms. McClain has 13 years governmental experience with the McNairy County Circuit Court.  Highly recommended by previous employer.  Excellent book-keeping skills, has a high sense of initiative and efficiency in all aspects of governmental office management.  Pay scale remains the same as Mrs. Harts with a 90-day probationary period with a pay increase to $9.73.  Request motion to permanently hire Ms. McClain at pay rate indicated.

12. Appointment of Recorder.  Due to resignation of Mrs. Hart, an appointment for recorder must be made.  Request  motion to appoint Amanda Fullington as town recorder.

13. Murray Loop Bridge maintenance.  The state condemned the bridge at Murray Loop on 19 July.  The town put up barricades and posted signs in accordance with Tennessee Department of Transportation guidelines to prevent losing our Street Aid Funding from the state.  The town is considering installing culvert pipe instead of rebuilding the bridge.  The town received one estimate from Jackie Hamm.  Request motion to accept the estimate with paving.  Pay in full from existing budget.

14. Ouster procedures.

15. Elected Officials Course.

16. County 3-Star ceremony at State Capital, 12 Sept, 2007 *Wed).  Transportation provided by county.

17. Industrial Development Board Appointments.

    a. No elected officials or city employees may serve on the board.  Need two more members to replace the Mayor and Alderman Bobby Gray.

18. Planning Board Recommendation: Town should create a position for a code administrator/enforcement representative.  Proposed job description and pay scale.


c. Mayor’s Status Updates:

SEWER: - In December, the Board voted in favor of suspending the current sewer collection treatment project until alternative systems can be researched to decrease/lower the cost to each resident.  The Mayor has coordinated with MTAS, the consultants, and the engineering firm; there is not a less expensive type.  Areas researched include, but are not limited to, the type of pump/grinder used, altering the route of the hook up with Selmer.  Alternative/financing mechanisms have been researched as well, such as attracting new retail businesses and using the additional sales tax revenue to off-set the out of pocket monthly expense for each homeowner; using Tax Increment Financing (TIF).  The Mayor requested an additional CDBG grant from the McNairy County, using the county’s eligibility, on the town’s behalf to decrease the overall loan cost of the sewer.  Results of the McNairy County board are pending; however, the McNairy County Health Department also submitted a request which could impede our receiving the grant.  The county will only receive one per year.  On August 14, a meeting was convened between the Mayor, the area director, area specialist and state engineer with USDA, along with engineers from Askew & Hargraves.  After discussion throughout the group, an alternative sewage collection system with a deep cell lagoon and drip field was identified as a possible alternative sewer system that may reduce the overall cost to the community.  This system will circumvent sending the sewage to Selmer.  Instead, the sewage will be pumped to a lagoon and drip field here in Bethel.  The engineers along with the state engineer will complete a revised cost estimate and rate study.  Once the revised estimate and rate study are provided, they will be presented to the board for consideration.



GAS STATION/CONVENIENCE STORE: (No change since 3 July 2007): The IDB will play an integral part in assisting developers and attracting retail to the town.  Developers inquired on status of city’s assistance.  The Mayor obtained a venture from Southeastern Investment Corporation to build and manage a gas station/convenience store.  CSFS expects gross revenues from the store to be 1.2 million annually with additional 3.75 million in fuel sales.  The city’s portion of the additional sales tax revenue would be 50K to 60K per year, in addition to 15-18 new jobs created in the community.  Meetings were conducted btw the Mayor, CSFS, and the property owner.  CSFS requested the city to assist with the venture by providing the following: Required septic/sewer, ingress and egress to the property, proper drainage and storm water runoff, manhole for safety and proper storm water system, access roads, and traffic light.  Public funds (grants) cannot be used to improve private property.  Bethel Springs does not or can not provide required septic/sewer system for the property without the sewer system.

TOURISM/HISTORICAL PRESERVATION: (No change since August meeting)  SWTDD is in the last staging of completing the initial research step to identify historical sites in Bethel Springs.  Nex step will involve visual identification of sites/landmarks and GPS markings.  T-21 grant (McNairy County).  The Mayor met with McNairy County Mayor and representatives from SWTDD pertaining to the T-21 grant to promote tourism and historical landmarks.  Purdy is designated as the trail head.  There will be a driving tour to Bethel Springs.  Bethel Springs will be a walking tour to the following locations: 1) house by the railroad tracks; once a union hospital; on record as the first house built in Bethel Springs; 2) Presbyterian Church, already listed on the National Historical Landmark Registry; 3) Breastworks; 4) civil war/African American cemetery; 5) Natural spring near the pump house.

Alderman Bob Graham:

Alderman Shirley Williams:

Alderman Vernon Hickman:

Alderman Bobby Gray

10. Adjourn: ask for motion to adjourn


Town Board Meeting

Monday, August 6, 2007

Despite an outside temperature just a degree shy of the 100 mark, more than two dozen citizens crowded into the small meeting room at the Bethel Springs town hall Monday evening for the August town meeting.

At the town board’s working meeting the previous Thursday, Mayor Norma Smith had speculated that much of the Monday meeting would be devoted to public discussion of the budget, but when she invited comment from the audience she got no response at all.  That was not the case, however, with several other issues.


Citation

The most heated discussion arose from an unexpected source—the monthly police report, which is normally approved with little if any comment.  The tenth item in a list of fifteen entries read: “2-City Ordinance Violations,” and when the mayor offered the report for the board’s approval Alderman Bob Graham asked her for clarification.  The mayor responded that the citations had been issued for violations of the planning ordinance.  Graham, who plainly already knew the answer to his question, asked “Can you tell us what they were in violation of, really?”  The mayor responded in a similar tone: “Well, I think it’s pretty much common and public knowledge, Bob.”

Over the next ten minutes the details of the one-line police report entry were discussed at great length by the mayor, two aldermen, the town’s police officer, and a number of audience members, including the recipient of one of the citations in question, Jackie Miller.

Miller had been cited for clearing off some property on which he had applied for (but had not received) a building permit, and his cause was championed at the meeting by Alderman Graham, who said that he couldn’t understand why another person could clear off land near Miller’s without receiving a citation, while Miller received a citation for doing the same thing.  “Now what’s the problem with that?” he asked.

Mayor Smith replied, “Well, the very simple way to put it is, most other people have not submitted a request to have their property be zoned to commercial to build storage buildings.”

Graham then called upon Miller, who was seated at the back of the room, to state his position, asking him if he had talked to the mayor.

“I talked to the mayor, and I talked to three aldermen,” Miller replied.  “I told them exactly what I was going to do.  I was going to clean off the lot so that I could keep it mowed.  I was not going to build a building.  I’ve got more sense than to build a building without a permit.”

The dispute continued, with Alderman Vernon Hickman joining Graham in ridiculing the citation (“this is just plumb stupid,” Hickman remarked at one point, and at another he said “We need to get a little common sense.  If anybody’s got some.”), and eventually Alderman Graham’s wife, Anita, joined in.

“Can I make a statement?  Can I say something?” she asked.  “If he [Jackie Miller] was considered to be in violation at the point he was cleaning the lot up, was there not an assumption made as to his intent to go further, which generated the violation?  Because all that had actually been done was the cleaning up of a piece of property, and I would have thought that the town of Bethel would promote cleaning up, where that property would not be grown up and kind of become an eyesore.  Is that not Bethel’s intent, to promote ….”

“To promote cleanliness, yes,” the mayor responded, completing Mrs. Graham sentence for her.  “As I stated earlier,” the mayor continued, “the individual [Miller] has submitted a request to have their property rezoned commercial, with the intention of building storage ….”

“I understand that,” Mrs. Graham interjected.

The mayor continued.  “He was cited, because that could also be characterized as excavation.”

“I understand that,” Mrs. Graham responded.  “But the assumption was made that he was going to carry it further, with or without the zoning request ….”

“It wasn’t really an assumption,” the mayor said.  “He had provided it on paper.  He had provided it to the zoning board.”

At this point Alderman Graham brought Miller back into the conversation, asking him, “Did you go to the planning commission?”

“Well,” Miller responded, “I don’t think the planning commission has ever acted on it, Bob.  I got a letter saying that they acted on it on the 11th of June, and I didn’t even apply until July.  I got a registered letter from Shirley [Alderman Shirley Williams] telling me what all they was going to do to me.  I simply cleaned off ….”  Miller cut off in mid-sentence then started again.  “I made the mistake, I reckon, of asking to get it zoned.  I didn’t know it was against the law.  I really didn’t.”

At this point the mayor suggested that “this is a legal issue, and not something for the town board to act on,” but Alderman Graham was not to be deterred.  Turning to Bethel Springs police officer T.E. Sowell, who issued the citation, Graham said, “PeeWee, did you do this on your own?”

“Mr. Miller violated the law,” Sorrell said, rising from his seat along the side of the meeting room.  “He come before this board and asked to have it rezoned to build storage buildings on there.  That’s what his request says, and he wanted to clean it up and have it rezoned.  He never did come back before the board and lift up his request to clean the lot.  If Mr. Miller had come back before the board and got permission to clean the lot and lift his request and have it rezoned, the planning commission cannot rezone the lot, I agree.  But he didn’t come back and lift his request to have it rezoned to build storage buildings.  That’s where the mistake was made.”

Sorrell concluded by saying, “the only way I see that he’s violated the ordinance [was] by not lifting his request.”

Miller then addressed the mayor directly.  “Norma, can I just say one thing, then I’ve got to go back to work?”  When the mayor did not immediately respond, Miller added, “If you don’t want me to talk, that’s fine.  Just tell me.”

“You’re allowed to talk,” Alderman Graham interjected immediately, before the mayor could respond.

Mayor Smith then said, “And your comment is, Mr. Miller?”

Miller then got in the last word on the subject: “If you remember the time line, I submitted to Bob Graham to get a lot zoned commercial to build storage buildings.  Evidently it come up in the regular meeting, which had no business coming up in the regular meeting, that was planning commission.  A couple of people on the board said we didn’t need them….  I came to you on Friday the 13th and told you in your office that I was not going to build the buildings.  To forget it.  I wasn’t even interested.  I was going to clean it up.  And your words were, ‘Well, you can clean it up, but you got to put a house on it.’  I said, ‘Fine, I’ll put a house on it.  I might put a house trailer.’  You said, ‘No, you’ll have to put a doublewide.’  I said, ‘Fine, I’ll put a doublewide on it, I’m not going to build a building.'  I went to three aldermen, two aldermen in person and called Shirley on the phone, and every one of them said it was ridiculous to think that you couldn’t clean up a lot in Bethel.  Simply because I asked to get it zoned, that don’t make it illegal to clean it up.  That is the most ridiculous thing I ever heard of.  But I’m going to tell you this—I wasn’t even supposed to say nothing, I’ve been advised not to say anything—but that’s all of it.  You do what you got to do and I’ll do what I got to do.  Thank you.”

Whereupon Mr. Miller took his leave.


IRS

Generating equal interest, if less heat, was the discussion of the town’s problems with the Internal Revenue Service.  Mayor Smith explained that “A couple of months ago in an internal audit it was identified that the town had not turned in all of the quarterly taxes off of the payroll to the IRS.  For the years ’04, 05, and ‘06.  We had to go through those years’ pay records, sometimes creating them from scratch from checks that were written several years ago, recalculate, and work with the IRS to get those quarterly payments paid, and negotiate with the IRS so that the town would not be responsible for having to pay all of the penalties and interest that goes with it.  Normally there’s penalties and interest that is assessed when that money is not turned in on time.  They [the previous administration] did not turn it in on time previously.  We worked with the IRS and got that worked out on how much we might owe ….”

The mayor was interrupted at this point by a question from Nola Robinson in the audience: “Didn’t turn it in at all, or didn’t turn it in on time?”

“Well,” the mayor responded, “didn’t turn it in or time, and didn’t turn it in at all.  Some of it was not at all, and some of it was on time.”

“But anyway,” she continued, “we’ve had to work with that, and get that part cleaned up.  We did get a notice today—we just got it today—from the IRS, where they assessed all that and calculated it, and trying to give us a kind of feel of what we owe them, and we owe them $12,859.82.  That’s what we owe them.”

Anita Graham then asked “How much of that is tax, and how much is penalty?”

“The tax is $11,903,” Mayor Smith replied.  “The penalty is $337.94.  The interest on that is $618.88.  And that gives us the total that we have to pay of $12,859.82.”

“For tax that wasn’t paid,” Mrs. Graham said, “I’d say we’re coming off pretty good.”

The mayor agreed.

Mayor Smith said that the money had actually been withheld but had not been turned in to the IRS, which prompted Betty Denny from the audience to ask, “Where did it go, Norma?”

“The audit hasn’t been completed yet,” Smith replied, adding that the state comptroller’s office is involved in trying to sort everything out.

The actual amount of taxes collected but not turned in was surprising.  “Over all,” the mayor said, “it was in the ball park of $46,000 to $48,000 that we had not turned in.”

“How much?” asked Alderman Bobby Gray.

“$46,000 to $48,000,” the mayor repeated.


Sewer System

Another matter which gave rise to considerable discussion was the sewer system situation.

Bethel Springs had considered putting in a sewer system in the 1990s, but the plans were not implemented.  Another effort was shelved last December when, as the mayor reported, “the board decided that the town would suspend putting in the sewer to allow us time to research alternatives for ways to decrease the monthly expense per home owner.”

The town is now looking to implement the system with financing coming primarily from rural development loans, and the mayor proposed that the town pursue an additional source of revenue—a community development block grant (CDBG) in the amount of $500,000—which the mayor said could lower the monthly fee for sewer users significantly.  The town is not currently eligible for such a grant, but the mayor said that county officials have indicated their willingness to apply for the grant on the town’s behalf.  The county government will take up the matter Monday, August 13, and if the county does secure the grant on the town’s behalf the mayor said that “the average monthly expense for the sewer would decrease to approximately $46 a month.  If we add to that an increased sales tax revenue—for instance, the gas/station/convenience store that is interested in coming to Bethel would generate about $50,000 in tax revenue every year
… the average monthly sewer bill would be approximately $36 a month.”

Mayor Smith said she wanted the town board to go on record saying that it would go forward with the sewer project if the county secured the CDBG: “Here’s my thinking,” she said.  “It’s not right for the town to go to the county and say, ‘Hey, would you apply for this grant for us?’  They get it, and then we turn around and say we’re not going to use it,” so she asked that the board go on record saying that it would accept the grant if it were obtained.

Randy Hart from the audience asked “What is the total cost, the projected cost, of the sewer system?”

“The projected cost is $3,923,800,” the mayor replied.

Hart observed that the cost was about twice the projected cost of the system which was being considered in the ‘90’s, and the projected sewer fees were about doubled as well, but there seemed to be a consensus at the meeting that the increase in costs was a consequence of not having put the system in back when the costs were lower.

Hart also observed that there would be homes in Bethel Springs which would not be served by the proposed system, and he asked if they would be charged. Terry McDonald from the audience replied that “if you have access to the sewer, then you are going to be charged for it.  But if you don’t have access, you can’t charge somebody if they don’t have access.  So if they don’t have access to that sewer then they can’t be charged, but if they have access and choose not to, they are still charged,” and the mayor agreed with McDonald’s summation.

When the audience was asked for its feelings regarding the sewer system, Davy (Fummy) Dennie said, “I don’t want to pay $40 a month extra.  That’s my opinion.  I’m sure there’s lots of other people that can’t afford to pay $40.  I’ve talked to some people who say that they can’t afford all their medicine right now, their heart medicine.  You add another $40 to that, and what’s that going to do to them?”

McDonald responded that the absence of a sewer system impedes the town’s future development, pointing out that the absence of a sewer system is a huge obstacle to drawing industry and new retail establishments to Bethel Springs.  “You have to decide whether you are willing to pay $40 to get a sewer system in order that one day you’ve got a job base of 200 jobs that you don’t have right now.  But you’re never going to get those if you don’t have a sewer system.  I can’t afford forty-six bucks myself, to be honest with you, but if that’s what I’ve got to do to see the city grow, to see the city make change, then I’ll figure out a way to do it.”

In the end, Shirley Williams made a motion to accept the grant if the county gets it.  Her motion was seconded by Bobby Gray and passed unanimously.


Other Business

• Although the audience had no questions about the budget, the aldermen did discuss it, and it passed unanimously on a motion by Vernon Hickman which was seconded by Bobby Gray.  The mayor said that the budget will be reviewed every quarter, in order to stay on top of the town’s finances and “to see how well we projected the budget and then exactly where we’re spending the money.”

• In an indication of the dissention which was to arise later in the meeting, the mayor’s request for a motion to approve the minutes of the last board meeting, which was made by Bobby Gray and seconded by Shirley Williams, was opposed by Vernon Hickman and Bob Graham, who disputed portions of the minutes regarding the approval of raises.  The motion carried by a three-to-two vote, with Hickman and Graham voting no.

• The financial statement, showing an increase of $28,117.61 (primarily from receipts from a housing grant), was approved on a motion by Bobby Gray, seconded by Shirley Williams, with only Vernon Hickman voting no.

• Mayor Smith discussed with Fire Chief David McCullar the town’s compliance with regulations regarding the marking of all fire hydrants in town.  The mayor said that fire departments are required to have all hydrants marked by January 2008, showing which ones are six-inches in diameter or larger.  Those smaller than six inches must be painted red, out of service hydrants must be painted black, and existing class C hydrants must be painted yellow.

• The mayor also reported that the Capital Assets Inventory is partially completed.

• The mayor reported that the water system has been inspected, which revealed several problems that the town was already aware of, such as the need to clean and paint the tower and replace one of the valves.

• On a motion by Vernon Hickman, seconded by Bob Graham, the board unanimously approved a pay raise for Helen Hart, though in the discussion there was some dispute about the hourly rates some city employees were paid.

• Along those lines, Graham moved, and was seconded by Hickman, that the salary of Amanda Fullington (which was the source of the opposition of Graham and Hickman to the approval of the minutes of the previous month's meeting) be reduced.  The motion failed when only Graham and Hickman voted for it.

• Although Bethel Springs has had an Industrial Development Board in the past—on paper at least—it has not been active, and the mayor said that a functioning Industrial Development Board was essential to Bethel Springs’s well being.  She pointed out the benefits that their IDBs have brought to both Selmer and Adamsville and gave the alderman a concrete example of why the town needed to revive the board with a fresh slate of members right away.  Bethel Springs, the mayor said, has been approached by a developer who wants to put in a gas station/convenience store at the intersection of Beuna Vista and the bypass and is seeking some assistance from the town.  By law, the mayor said, the town itself cannot provide such assistance
but an industrial development board can.  She added that the county is interested in helping Bethel Springs get its IDB up and running to help Bethel Springs attract retail businesses, which would increase sales tax revenues for the county as well as for the town.  Seven people have indicated their willingness to serve on a revived industrial development board, and they were unanimously appointed on the motion of Shirley Williams, seconded by Vernon Hickman.  The new IDB members are Nathan Williams, Lee Smith, Brenda Robinson, Danny Robinson, Randy Hart, Bobby Gray, and Norma Smith (who will be a non-voting member).

• The board also, on a motion by Bob Graham, seconded by Vernon Hickman, unanimously appointed the following new members to the Board of Zoning Appeals: Shirley Williams, Dennis Ellis, and Sherry Payne.

• Mayor Smith reported that “the planning board is recommending to the town board that the town create a position for a code administrator or enforcement representative.”  Bob Graham and Vernon Hickman opposed the creation of the position when it was moved by Shirley Williams and seconded by Bobby Gray, but the motion carried with the mayor’s vote.

• The mayor reported that the Senior Citizens and the Pentecostal Church will soon have estimates on new town signs and that the Southwest Tennessee Development District will be finishing up its initial survey of historical sites in the next few weeks.

• Finally, the board came together in a display of unity by unanimously approving the motion by Shirley Williams, seconded by Bobby Gray, to adjourn.

(The September working session of the town board will take place at 3:30 p.m. on Thursday, September 6, in the town hall meeting room.  The regular September town board meeting will take place at 6:30 p.m. on Monday, September 13, in the same place.)



Town Board Working Meeting

Thursday, August 2, 2007

Bethel Springs’ mayor and the full board of aldermen met Thursday afternoon at city hall to discuss the agenda for the August regular town meeting, which will be held at 6:30 p.m. Monday, August 6, at the Bethel Springs city hall.

Mayor Norma J. Smith said she anticipated that much of Monday night’s meeting would be devoted to discussing the 2007-2008 Budget, which was presented at the July town meeting.  The mayor said that half a dozen people had come by city hall to look at or obtain copies of the budget, and that several citizens had spent as much as an hour discussing the budget with city employees.  Smith said that members of the public would be given ample opportunity “to make comments for or against anything that we have on the budget” at Monday night’s meeting.

Among other items on the agenda:
• The fire department will be working with the water department to identify water lines on which fire hydrants can be installed.  Lines must have a diameter of at least 6” in order to support a hydrant.
• A status update on the partly completed Capital Asset Inventory, identifying all of the city’s assets.
• An update on the town’s IRS/941 tax problem, which arose out of the town’s failure to turn in all of the federal taxes withheld over the past three years.  To remedy the problem the town has gone back and recalculated all the tax reports for that period, and the IRS is considering whether to assess penalties or interest.
• Filling positions on the Industrial Development Board and the Board of Zoning Appeals, and considering the Planning Board’s recommendation that the town create a position for a code administrator/enforcement representative.
• The county mayor and commissioners have indicated a willingness to consider applying for a community block development grant (CDBG) on the town’s behalf, to be used to resume installation of the town’s sewer project.
• Update of possible new gas station/convenience store, which could produce substantial tax revenues for the town as well as a number of new jobs.
• Update regarding T-21 grant to promote tourism and historical landmarks.