| EASTVIEW The Eastview Board of Aldermen meets at 7:00 p.m. on the third Tuesday of each month at the Eastview Civic Center. Eastview’s mayor is Charles Weeks (645-8421), whose current term expires in 2010. Eastview has five aldermen who serve four-year terms, all of which come up for election at the same time. The next election will be in 2010. The current aldermen are: Billy W. Hunter (645-7263) Jessie Robbins (645-4303) Jeff Coln Lucy Martin Burl Sutton (645-3034) Town Board Meeting 15 April 2008 Mayor Charles Weeks had some good news to report at the April meeting of Eastview's water board. "The last couple of weeks I've talked to several of our customers, and they are all very complimentary of the way things are running in the water department, and all just very happy with the way things are going. So, I wanted to pass that on. I know you don't hear that very often, but our customers are complimenting the way things are going here at the water department. So, you know, I'm proud of that." The water board meeting itself was quite short. Payment of bills was approved on a motion by Billy Hunter, seconded by Jessie Robbins, and the water board meeting was adjourned on a motion by Robbins, seconded by Burl Sutton. Mayor Weeks then called the town board meeting to order. The minutes were approved on a motion by Hunter, seconded by Robbins, and the bills were approved on a motion by Robbins, seconded by Sutton. Willard Summers was then recognized and addressed the board. "What I would like to propose," he began, "a lot of towns are, small towns, are setting up what they call 'historic districts,' and they designate a certain area in the, usually in the center of town for a historic district…. And one of the purposes for doing that is it makes you eligible for certain types of grants, once you set it up. And, as I understand it, all you have to do is just pass it, the board pass it, and designates, tells where the historic district will be. And what I'd like to propose is that we just designate a mile and a half in radius of the intersection over here, and if anybody else has a different preference, we'll certainly, you know, that might be a better one. That's just what I would propose. It seems that pretty much includes most of Eastview. And one of the things that Charles [Mayor Charles Weeks] and I discussed early on, or we talked about a little bit, was the possibility of some sidewalks. And I think, for example, didn't the state offer to build some sidewalks when they widened the road here? Somebody told me they did. Or had some sort of policy to do that? But you had to do it then, when they were widening. But what I'm suggesting is, I think that if we had a designated historical district, you know, that would open that possibility back up with the state. Now, that's conjecture on my part. I don't know that to be a fact. I just feel like that would be true. But, anyway, I think it would add a great deal to Eastview if, you know, we started a system of sidewalks, and, naturally, that's going to cost a lot of money, and we need help with it. So that would be one of the things that I would suggest we be looking at. But the main is just, you know, pass the resolution designating a specific area called a historical district." Lucy Martin asked, "What are the qualify factors to, in order to be designated that?" "There are none," Summers replied. "Do we have to do anything?" Martin asked. "Not a thing," Summers said. A surprised Martin then asked, "There are no qualifying factors?" "No," Summers said, confidently. "Any town can have what it calls a historic district. And all they have to do, to my understanding, the way I've had it explained to me, is just the board passes on it, and says, puts in the minutes, you know, what the district is, the size of the district, where it's located, and that's it." "And the benefit of that would be that we might qualify for more grants, different types of grants—" Martin began. Summers interrupted. "Grants that we wouldn't otherwise qualify for if we didn't have a historic district. That's one of reasons that these towns are setting these up. And this certainly doesn't cost anything." When pressed for specific details, Summers demurred, saying that he didn't have them, but "I would be very happy to call the state and get exactly what they say about it and report to you next time. Or I'd be very happy if one of the board members wanted to do it, either way, to see if what I am saying here is the extent of it, or if there's forms you need to fill out, or something like that, or zoning or something like that else is required. And I could have them send us, you know, any printed material or matter that they might have on it." "And," Martin said, raising another point, "see if there is a fee to be registered every year, because you probably have to do something to stay in compliance—" "Well, now," Summers said, "the way it was explained to me, all in the world you have to do is pass it, you know, and designate what it's going to be." Sutton had a suggestion. "I make a motion that Charlie call the state, and if they've got somebody handy, or somebody volunteer to come down and talk to us about it, before we step into this thing too deep." "If you can get me the contacts on that," Mayor Weeks told Summers, "I'll be glad to get in touch with them and see if they could, maybe even attend one of our meetings and explain it to us." "Okay," Summers agreed, before adding, "I really do think we should get some sidewalks started. We all may be walking here pretty soon." Mayor Weeks then turned to the issue of road repair. "I've asked Raymond to go out and get us a list of our roads. We've got a lot of roads that are in need of some work. I mean, some of it's just minor stuff, and some of it, like this one, it's major. And I just think we need to come up with us a priority list on things and get some of this repair work done. Because, you know, I'm getting a lot of calls on that, and I'm seeing a lot of things. He's got a list here of several different roads. He says Allan McCoy Road has potholes; Mayflower Road, potholes; Gravel Hill Road, potholes; Amber Lane; Roy Seay Road; Cinergy Drive; Lyndsay, need to widen and pave; Feddy Davis Road, rough, needs paving; Houston Cemetery Road; Kimberly Drive, ditch dig out and pave, and a culvert. Got a call, Mills Circle Loop, I don't even know where that is. Do y'all know …. Duke Lane. Hannah Drive. And then we've got a lot of our roads that are, our city roads, that don't have signs." Martin asked how much Eastview had left in the budget for road repairs, pointing out that that money needed to be spent during the current fiscal year, adding, "our year end's going to be here before you know it." Town Recorder Emodene Smith said there was $71,703 left in the account for roadwork and repair, and Mayor Weeks said, "certainly we ought to be able to fix these roads, or potholes, and culverts and things like that. Now as far as paving any roads, we probably want to, you know, prioritize that, and look at it. But I'd say if we can get the county to help us on this on these potholes and things like that, we ought to do it. Now's the time it needs to be done." There was general agreement, and a motion (by Hunter, seconded by Robbins) that the mayor contact the county highway department about getting the work done passed unanimously. Mayor Weeks then brought up a somewhat less expensive matter. "I've got a request here that we need to order five tables and twenty-five chairs for the civic center. These tables have been out here a while." After some discussion about types of tables, Martin observed, "Well, I don't know, if you're going to buy five, I don't know how much money it is, we probably need to check into it, but maybe we need to replace all of the tables, so that they're going to be uniform, and be the same and look the same, and if that wouldn't be too much money, just replace all of them." "That's what I was thinking," Jeff Coln remarked. "Let's do that," Mayor Weeks said. "Let's get a count, and get some cost estimates, and go from there. Is that agreeable to everyone?" Everyone signified assent. "All right," Weeks continued. "Last month we got our bill on the [insurance] coverage here on the civic center. And we're covered for $250,000. And there was some concern about that not being enough. And Emodene has been in touch with Farm Bureau and asked them about increasing that coverage. And did he say they could do this?" "Yes," Smith replied. "Okay," Weeks continued. "They can go to $350,000 on the building at a cost of $1,035 a year, or they can go up to $400,000 on the building for a cost of $1,183 a year. My concern was that $250,000 won't put this building back." After some discussion Sutton made a motion that the town increase its coverage to $400,000. Coln seconded the motion, which carried unanimously. "I wanted to ask a question about our budget," Weeks then said. "We're getting close to the time. Can we set up some work sessions for that, to look at this budget, because there's a couple of things on here that I want, I want to try to at least consider in the new budget. I want to try to get some people to come in here and give us some prices on some of these emergency sirens and see if it's something that we can do on our own without having to depend on a grant. See if we can get some cost estimates on that. It might be something we'd have to do in stages. But I think with the recent events here, that just happened right up the road here, we need to at least consider making some moves to protect our people, here." After some discussion the board agreed to meet at 5:30 in the afternoon before the next town board meeting, May 20. Sutton asked for a report from the fire department, and Fire Chief Elvis Butler responded, "We've answered two or three first responder calls. That's been about it." Meeting ended with some discussion about wiring the civic center and the fire station for the internet. Town Board Meeting 18 March 2008 The Eastview beer board held a special meeting Thursday, 28 February, toMayor Charles Weeks began the March meeting of the Eastview Water Board by asking the water department's Raymond Butler for a maintenance report. Butler reported that "we had two leaks last week. They are fixed. One of them was a 6" main, busted, twenty foot split. Don't ask me how. I still ain't figured it out. But it was fixed Sunday…. This last Sunday. But anyway, it's fixed. Took us to 1:30 to get on. And the other was over there on Feddie Davis, and it split, too. I don't know how it got split. Looked like a car had run off there, but it was under the road is where it was at, so I don't know how it got split. But we got it fixed, too. The 6" run out a lot of water I tell you before I got there. They called me and I left, and we cut it off as quick as we could. And that's just about it." Weeks then ran through the bills, which the board voted unanimously to pay (on a motion by Billy Hunter, seconded by Burl Sutton). "All right," Weeks then said, "On the, this March 6 we had this annual review meeting with Raymond and Anita [Battles]. I've got you a paper in here about some of the things that we talked about, and the five points that we went over. And I'm going to let Billy Wayne [Hunter], if he will, just give a brief report on that meeting." "I really thing the meeting went well," Hunter said. "I think we just, kindly had it, we just talked to each and every one of them, you know, just like we're talking here, you know, and everything, and I think it really went well." Weeks said that, "One of the things that I made the statement of in the meeting was about the raise, and I told them that I did not intend to recommend a raise for this year, but at the end of this year, with the implementation of these things on this five-point action plan, that, you know, how this is carried out, we would look at making a raise recommendation at the end of this year. So we're going to look at these things here, I think these five points pretty well covers the things that we have outlined, that we want to see in our water department, and, you know, I'm seeing progress made. There's no doubt about it. We're seeing progress, we're seeing improvements, and we're moving in the right direction." "Another thing we're going to look into," the mayor continued, "Raymond and I talked about this, is, and I don't know how much is going to be involved in this, is getting the certification. Mr. Shaw has been doing that, and you know we're going to have to have somebody replace him when he does retire, to do that. I don't know what's involved in it, but it's something we need to look into and see if it's something he could do." "If it's all right," Butler asked, "I'll ride over there and talk to him tomorrow," and the mayor agreed. Weeks asked Battle if she had anything to add, and she said that she had looked at the new software program. When Weeks asked what she thought about it, she responded, "Well, it's just, got a lot of good features in it, compared to what, that I don't have on my old one. Of course, I don't know how to do any of them." "Well," Weeks offered, "the girl at Middleton said it was real easy." "It looks, you know, it looks pretty easy," Battles acknowledged. In response to another question from the mayor, Battles said that there would be no problem converting from the existing system to the new one. "My understanding from previous meeting," Weeks said, "is that the board has okayed the purchase of this software, depending on what we decided from this demo. So, Anita, we'll get together and if it's something—" "What I need to do though," Battles interjected, "is use up a lot of these supplies I have for bills and stuff for the old program, and not let those go to waste." "Right," Weeks agreed. "So let's get together and see what kind of time table we're looking at." "They're not compatible with the—" Lucy Martin began. Battles said they were not, and that she had about a three-month supply on hand. When Mayor Weeks asked "do we have anybody that needs to address the water department?" one gentleman spoke up about "some issues about our water" and asked whether some improvements were in line "or do I need to be looking into investing in a water filter to put on my home. You know, I don't know if that would alleviate all of my issues." Weeks responded, "Well, let me bring you up to date on a couple of things that's going on. We're still waiting on Selmer to install filters. And that seems to be a thing that we mention every time it comes to discussion of this nature. I don't know how far down the line that's going to be. A second point on there is, we went away from the routine flushing because of the audit that we had last time, and excessive shortages that we were having, or shrink, where we was having a lot of water run being through the lines there that we were not collecting for. And we decided as a board at that time to go to the 'flush on demand.' And other communities are doing that and, you know, we don't mind flushing the lines, we just said we wanted the customer to call in and make that request. And, are we getting a lot of calls from that area?" "Not a lot," Battles responded, and Butler said they had received two so far. Raymond: "We've got two so far." "On average," Weeks asked, "how many times have we flushed Woodland Circle in the last month?" "I'd say two times, to three at the most, Butler replied. "That's all that's called in." After more discussion about water problems, and possible causes, the water department meeting was adjourned on a motion by Martin, seconded by Jessie Robbins. * * * The town board meeting was then convened and the minutes were approved on a motion by Robbins, seconded by Sutton. After the bills were approved (on a motion by Hunter, seconded by Robbins), Mayor Weeks asked Fire Chief Elvis Butler for a report on the fire department. "We've had two calls," Butler reported. "Had one back up call, and then had one fire here in the city, last Thursday night. Had two wrecks. We didn't have to extract anybody, it was mostly traffic control and helping clean the roads. That's about it. We're still un— not for sure what kind of fundraiser we're going to do, whether we're going to do a fish fry, or barbeque, or— Still working on it." "And another thing I'd like to bring up about that to. I got a letter that I meant to bring, and I forgot it. It's from Lamar Alexander [UNINTELLIGIBLE WORD] about this FEMA grant, it's coming up again. And if y'all want to apply for that, which you'll have to do most of the paperwork, because the mayor has to sign it, or the head of the city. But we'd like to put in for a compressor and generator and stuff through that. And that won't reflect on any other grants you're trying to get. It's like a 80/20. FEMA pays 80 and we pay 20." "No," Weeks responded, "it was less than that, the last one we got. I think it was about 90/10." The mayor said that he would "like to take advantage of that." Butler reminded the board that the grant had an April deadline. Weeks then advised the board of a letter he had received. "I've got a letter here from the comptroller, treasury, state of Tennessee. Says they have reviewed the annual financial report with the town of Eastview for the fiscal year ending June 30, 2007, as audited by Brawner and Vanstory Company, certified public accountants. As a result, this report has been accepted and filed as a part of the public records of the state of Tennessee." And, speaking of FEMA, Mayor Weeks observed that, "as you know, FEMA has been set up here, to help with the tornado victims, and we agreed to let them set up here at no charge. I don't know how long they're planning on being here—" "Tomorrow will be the last day," Reporter Emodene Smith offered. "Tomorrow's the last day," Weeks repeated. "Unless we have a bad storm tonight," Butler observed, to uneasy laughter. Lynsey Lane There then ensued a prolonged discussion of an issue that had only been cryptically referred to in earlier meetings. "Item five," Mayor Weeks intoned, reading from the agenda before him. "Status on the road improvement survey of Lynsey Lane. Craig [Town Attorney Craig Kennedy], have you heard anything on that, as far as— I believe what we're waiting on is getting this property line flagged so we can—" "That's the way I understand it," Kennedy replied. "—and widen that road," Weeks continued. "And I understand this has been on hold for that very reason for some time. I think it was a project that was started back before I came into office, 2006. I think we need to do something on this. If he's not going to mark his lines, I think we need to find somebody who can and will." "Are we waiting on James Martin?" Lucy Martin asked. "Is that what we're waiting on?" "Yes," Weeks replied, and Sutton added, "Got a long wait." "Who is another surveyor that can do that?" Hunter asked "He's sitting right there," Robbins replied, pointing across the room." "It's who?" Lucy Martin asked. "Henson Surveying," the man replied. "My name is Paul Henson, for those of you that don't know me. I think most of you know me." "I used to know you when you was a little kid," Hunter said. "Yeah," Henson said, "when we were playing football, and I was the fullback." This was greeted by laughter, as Henson is quite a large man. "Y'all will have to bring me up to speed about what's transpired. Jeff [Coln] had contacted me yesterday and asked me to come to the meeting, and just kind of go over my services and what I can do for you. But I just need to know where y'all are at on this, and basically what the project entails." Kennedy explained. "The first thing we had to do was, there was a road, well, I can't remember the name. There was an estate that was opened by Terry Abernathy, and closed. And there was some land involved. But it, there was a road described in all that, but there was never a deed done about that. And so we went back and got the heirs to execute deeds to that, for that road. James had surveyed most of that area. He did a survey on l Littlejohn's properties. And then as you may know, there were some discrepancies, or Mr. Sweat went and hired Mr. Goodrum. He came up and did a survey, and there was some conflict there, so that's sort of where it stood. But we've got a road there. We know we've got a road. It's just a matter of where is that road out there." "So," Henson asked, "are you trying to establish the Joel Littlejohn's side of it, or the other side of it?" "Both," Kennedy replied. "Both? Okay." Kennedy continued. "We really want to know where the road is, so we don't want to go out there and make, we want to make sure we go out there to put the—" "Right." "—do the work, and create a road, that we're on our property." "Well," Henson asked, "who, someone developed, you know, the subdivision that goes back in there to the, all the nice houses and everything. At that time, was there any kind of a plat or anything recorded that shows that road, or—" "Not that road, I don't think," Kennedy said. "I don't think so, Paul." "How long has the city been maintaining the road?" Henson asked. "Do you know?" "No," Kennedy replied. "I can't tell you." "Really," Henson said, "what you're talking about is just the maintenance of about, what, five hundred feet, up through there?" "No," Kennedy said, "it's about twelve hundred feet, I think, isn't it? But we've only got twelve hundred, I think. I think that's all we've got a deed on, because we've got to get the rest of it from Ms Opal, or somebody there has got to get so additional property for the city. And if they get that it wouldn't be a problem. And then the county takes over at that point." "I thought about this yesterday," Henson said. "I think I can solve your problem easily, if people will agree. I think what you need to do, no matter what's been done in the past, you know, you can give somebody a quit-claim deed for whatever you want to give it to. I can quitclaim your property to somebody else. It doesn't mean they own anything, but— What I think we ought to do is survey the road and make a legitimate proposed right-of-way up through there, say fifty feet, and get all the individual property owners that touch that to sign off on it. And that's easier said than done, but if we can find out who the, who's not willing to do that, I mean we could at least carve out around them, anyway." "And I think," Kennedy said, "I think you're going to have problems with one of those landowners, to be honest with you, but—" "I know we will," Mayor Weeks interjected. "—because we've approached them in times past. But, we really don't know where the road, you know, we don't know where this, we've got a description, like I said, where they deeded the road. I'll get that to you, and maybe you can take that and look at it and say, 'Hey, yeah, I know this is where it's at,' but we just don't know whether what we've got matches up even with what the road's out there. And you're right, we may need to go back and say, 'You know, this is the road, we've been maintaining the road, and we're going to claim it. It's ours, and you can sign a release, fine,' and fight with these other people if we have to." "Well," Henson said, "as a last resort you can always, you know, invoke imminent domain on them. You don't want to do that, I know, but— If you've got titles to it, you know, certainly you should be able to claim that, but— Eastview's a small city, and you don't want a bunch of people against you." "Well," Kennedy replied, "you know how it's done in times past. People would go out there and get a road, and then try another road, and nobody ever said anything about it—" "Right." "—but now we try to make sure we've got a deed or dedicated to us in some way before we do anything. And so, really, that's been the hold up on that Lynsey Lane for quite some time. But, now, you know, we've gotten the deed signed, but now there's still the issue of, does the road and the deed match up, and, you know, flag what we've got so we know where we are. And, again, at that point have two options, one of which is we can go back and ask the landowners to give us what we need, and if they won't, maybe carve around it as you said. There was some place up there, and you guys know better than I do, we had some problem about a ditch, or maybe a ditch on one side or another." "The ditch on the north side," Elvis Butler said. "If you go on the north side you'll have to fill it in and dig a new one." "So that also may be factored in to what we find out," Kennedy said. "Well," Henson said, "I drove up the road yesterday, and right there at the entrance to the Hope Cemetery the road's kind of narrow, until you get up there to the Hope Cemetery driveway entrance, then it kind of widens out. It's like a chip-and-seal base, that was put in at the time all those houses were started, developed in there— "That was county that done that," Butler said. "That's their part of it." "Well," Henson continued, "that's what I was wondering. How much does the city actually, how far do they actually go? Do they go past the Hope Cemetery entrance?" Butler replied, "The city, the city limits go 1500 feet on that side of the road, but our, the land that we good the deed on, like Craig said, wasn't that much." "All right." Butler asked the others if it was 1200 feet, and they agreed that it was. Henson said, "It could be as simple as drawing a plat to record and put on file that has all the adjoining landowners signing off on it, saying that they dedicate their portion of it. Getting those signatures would be the hard part. But that would be the first step, in my opinion, is trying to do it that way, and we'll find out who the adversaries are, and you're going to have to deal with them individually. And quite honestly, you litigate all the time, it might be easier to give them a small settlement for the property that it would be to take it, or something like that." Kennedy said, "I think that if the road we've got, if the description we've got, and the road match up—" "Then it's yours anyway," Henson interjected "—it's ours, and I could care less. Again, we may need some property on the south side, as opposed to the north side, to try to avoid that ditch, but that's something we just don't know. And the county's ready to do it, and they're going to do their end, as I understand. At least that was the plan. [Agreement.] If they're going to do it all, let them do it, but—" Henson said, "I guess I need to figure out, have you talked with James Martin to find out what the status is? I mean, is he out of it, or—" "Well," Kennedy replied, "before Jason ever left, one of the last—and this has been going on for some time—before Jason left I gave him four things that he was going to do for me before he left. That was one of them. And so it's been, it's been going on for three years, and it's not getting—" "And," Butler observed, "it took us nearly three years to get the property signed, the deed signed." Hunter added, "And he had to go all the way to Florida, didn't he?" "Yeah," Kennedy replied. "But I'll be glad to, I guess that would be the thing to fax you there, and you might to some, and I, I don't know whether I've got, I may have a copy of what James has done, because I know they started back up there, and one of the issues I think is where you start. I think that was one of the big disputes. They started back up there closer to the Hope Cemetery, some mark up there, somewhere up in that part." Mayor then said, "My personal opinion is that we need to do something and move forward with this, and I don't think James is going to do it." "No," Hunter agreed, "I don't think so." "He don't get in no hurry," Sutton observed. "He don't appear to be interested in doing it," Weeks said. "Well, he's kind of retired," Henson said. "I'm going to defend him a little bit. He's paid his dues and worked a long time." Martin said, "But he has a team, doesn't he, that still—" "No," Henson replied. "Oh, he doesn't?" Martin asked. "When Jason left, he almost…" Henson began. "And really," Kennedy said, "any time you get some, anything that may be a little bit—" "Controversial?" Hunter suggested. "—controversial, James really didn't want to get in the middle of any of that, I'll be honest with you. At least that's been my experience." "Well, I love it," Henson said, and the comment was greeted with laughter. "Would you give us some kind of cost estimate?" Weeks asked. "Yes, sir," Henson replied. "I'll draw up, get you a rate schedule. I can give you, I think in this situation it would be better to give you, like an hourly rate schedule, because you never know what's going to be entailed, and Craig's going to give you some good, I would hope, good reference" "Paul does good work," Kennedy said. Sutton said, "I make a motion that we go ahead and have him start on this." Robbins seconded the motion, which was unanimously approved. "Let's get this thing moving," Mayor Weeks said. * * * The last item discussed was insurance. "We've got an insurance renewal here," Mayor Weeks said, "for the civic center, concession stand, and volunteer fire department. On the civic center we have a limit of insurance of $250,000. On the personal property we have $30,000, and the buildings, $16,000. That's the concession stand and the building up here, $60,000. My question on that is, this estimate, or this coverage on this civic center here is a little bit low." In the discussion that followed, Hunter agreed that the amount was low, and Weeks offered the opinion that the civic center would cost at least $400,000 to replace. In the end, it was agreed that the town should check to make sure that they have sufficient insurance to replace the center. And with that the meeting was adjourned on motion by Robbins, seconded by Hunter. Special Town Board Meeting 28 February 2008 The Eastview beer board held a special meeting Thursday, 28 February, to consider issuing a new beer license for the Junction. The full board was present as owner Anwar Ahman and manager Sherry Gamblin appeared to make the request, which was necessitated by the abrupt departure of the previous tenant. Ahman had appeared at the board's regular meeting on 19 February to ask that he be allowed to reopen using the license he had used before leasing out the business, but town attorney Craig Kennedy explained that his old license had been extinguished when the tenant obtained a license and that a new license could only be issued at a later meeting after proper notice had been given. Hence the special meeting. Ahman and Gamblin informed the board that they and their employees were knowledgeable of and would comply with the rules and regulations regarding beer sales, with Gamblin pointing out that sales could not be made on Sundays, election day, or after midnight, and Ahman adding that "with this computer system they cannot sell beer without checking an ID. Whenever they scan beer, the register does not open until you check ID. It cannot open." Ahman said they also checked IDs before selling cigarettes, and he pointed out that the Junction is now a no-smoking establishment. Ahman concluded his presentation by asking for support. "Please support us. Let's bring the business back and let's support our town, our city. "You know," he added, "it's the city's store. The more we are successful, maybe it will bring some more taxes to the city, and improvement and all that stuff." "Sounds good," Mayor Charles Weeks said. "Can I get a motion, then, that we approve the application?" That motion was provided by Jessie Robbins, seconded by Burl Sutton, and passed by unanimous voice vote, after which the special meeting was adjourned on a motion by Robbins, seconded by Billy Hunter. Town Board Meeting 19 February 2008 After months of dithering about what to do about incorrigibly defiant employee Anita Battles, whose antics have figured largely in these reports for months, the Eastview town board at its February meeting voted to surrender unconditionally to the water department employee, who had taken it upon herself, without the knowledge or approval of the town board, to reduce her work week to thirty hours while continuing to draw full-time benefits. Without a single "nay" vote being cast, the board formally declared thirty hours a week to be "full-time" and formally approved continuing to provide Anita Battles with all full-time benefits. No word yet about whether the board plans to vote that the February 5 tornado never really happened, or that two plus two equals something other than four. In a typed letter addressed "To the board of aldermen and mayor" which she didn't even bother to sign (it is reproduced in full at the end of this report), Battles: 1) expressed her mystification about why the board should care that she had taken it upon herself to alter the length of her work week without getting her employer's approval; 2) grandly gave the board permission to talk to another department employee; and 3) magnanimously conceded that the board actually had the right to make decisions about its own employees. She also expressed her disappointment that nobody had stood up for her when mean old Guy Townsend dared to report on her conduct at an earlier board meeting. Ms Battles, whose ignorance of or disregard for the rules of civil discourse (as evidenced by her conduct at that meeting) is apparently equaled by her ignorance of or disregard for the Constitution, imperiously informed the board that said mean old Guy Townsend "should not be allowed to" cover town board meetings, and attributed her own non-attendance at subsequent board meetings to the fact that the board did not violate the First Amendment and bar mean old Guy Townsend from those public meetings, so as not to offend Ms Battles' tender sensibilities by reporting to the public on what she actually said and did at those public meetings. No word yet on whether Ms Battles plans to demand that the Eastview town board declare the First Amendment unconstitutional. If she does, mean old Guy Townsend hopes that the board will stand up to her—for a change. Water Department Meeting The water department portion of the February meeting of the Eastview town board began briskly enough. After the minutes were unanimously approved, on a motion by Billy Hunter, seconded by Jessie Robbins, Mayor Charles Weeks informed the board that the DSL hookup approved by the board at its January meeting should be installed by Friday. Weeks then called on Raymond Butler for a maintenance report, and Butler advised the board that "Everything's working fine." Mayor Weeks then opened the sealed bids for the surplus equipment which had been advertised for sale after the January meeting, and the board accepted the bids on everything except the bucket truck, on which the only bid received was for $601. Alderman Robbins moved that the bid be rejected and the motion, seconded by Jeff Coln, passed by a unanimous voice vote. After briefly discussing the purchase of new software for the water department (the board put off a decision until the next month's meeting) the mayor then turned to the Anita Battles portion of the program. "Okay," Mayor Weeks began, "Item 6, Annual Review of Personnel. This is something that we talked about in December of 2006. That's when we voted on a raise for Raymond [Butler] and Anita [Battles] and Linda [Samples]. And we had discussed doing an annual review and performance review and that's been over a year ago and we haven't done it. I think it's something that we need to do on a yearly basis, and, you know, I'd like the board's approval, but to do that I would also like to have someone sit in with me at that annual review, whether it be Jessie [Alderman Jessie Robbins], or Emodene [Town Recorder Emodene Smith], or whoever the board might choose to designate. And let's go through some of the concerns that we have on, from both sides of the water department. And then we can come back and make recommendations as far as what needs to be done in the way of, you know, making improvements. But, again, in order to do that I'm going to ask the board to approve this annual review process, and also appoint someone to help with that procedure. Any volunteers?" Alderman Burl Sutton's nomination of Billy Hunter was seconded by Jessie Robbins and passed unanimously. "We'll get together and discuss a time," Weeks said to Hunter. "This may be a deal, too, where we're going to have to get somebody to cover, it may have to be after me and you get off work. So, we really need to get that done in the next couple of weeks." "We probably need to do it on her time, though," interjected Lucy Martin. "Make sure she don't run over." "Right," Weeks agreed. "Or, pay her for that time. Pay Raymond for his time. Give us a chance to address some issues that might, you know, be of concern to them as well as us. And then the final think I have on the agenda, and then I'll ask for responses from the visitors, we have a request here from Anita. I made you copies of it, so, if you would, read through that and get some of the background information." After giving the board members time to read the letter, Weeks asked, "Discussion?" "Well," Martin responded, "I kind of wish she was here, because I don't think we ever really had a problem with her taking off on Fridays. The problem was, we didn't know what her schedule was. And she thinks we have a problem with her taking off. I mean, personally, I don't have a problem with her taking off. I don't know how the rest of the board feels." "I think Ms Linda's filled in for her," Jeff Coln said, "and like I say, like she says in her letter, that's a way for her to make some money too, and I don't have any—" "Keeps Linda up to date on what's going on," Robbins interjected. "Kind of keeps her up—" Coln said. "Yeah," Weeks said, "you never know, when something could happen, that if Linda would have to take over for a long period of time." "I don't have a problem with that at all," Coln said. "I don't have a problem with that," Robbins agreed. "I'm like Ms Lucy," Coln continued. "I wish that she had made a formal request, but that's neither here nor there, but I don't have any problem with it—" "Well, now," Martin pointed out, "she was doing it almost a year before we knew about it." "Yeah," Coln acknowledged. "That's the only problem I really had with it," Weeks said. "I don't have any, any qualms about her taking off on Friday, because I feel like the office is taken care of very well." Both Coln and Robbins nodded their agreement. "All right," Weeks asked, "is everyone in agreement that that won't be a problem, then, as far as her taking off on Friday?" "It won't be a problem with me," Hunter said. "I move that she be allowed to work part-time," Martin said, "if that's what she wants to do. I don't have a problem with that." "No," Weeks agreed. "I don't think it's a problem." "If she's going to work part time," Robbins began, "that will be—" "Will she then be considered part-time," Weeks asked, "or will she still be full-time, and entitled to the benefits of full-time employment?" "That I don't know," Robbins replied. Weeks continued: "The policy handbook says that approximately thirty-two hours to be considered full-time." "She's working thirty, now?" Coln asked. "Well," Weeks replied, "it will be close to thirty-two, I think, probably, when you figure in trips to the bank, and everything." "If she was to work four seven-and-a-half-hour days," Martin pointed out, "that would be thirty hours." "That would be thirty hours," Weeks acknowledged. "Because," Martin continued, "that's what she works with the time figured in at the bank. Because she works eight to four-thirty." "Me, personally," Weeks said, "I don't see any problem with continuing to treat her as full-time employment, because, you know, that's close, and there might be some times that she would put in the thirty-two hours." "I don't have a problem with it," Coln said. "Is everyone in agreement with that?" Weeks asked. "Do we need that in the form of a motion? Let's get that—" "I think both of them," Town Attorney Craig Kennedy said. "I think both the fact she's taking off on Fridays, plus the—" "Being treated full-time?" Weeks said, finishing Kennedy's sentence. "You can do it in one motion," Kennedy said, "but I think you need both of those." "All right," Weeks began, "let's—" "So," Martin asked, "you want me to amend my motion by allowing her to take off on Friday, but continuing being considered as a full-time employee?" "Employment as full-time," Weeks replied. "I'll second that," Robbins said, and the motion passed on a voice vote with no "nays" being cast. "Anything else on the water department?" Weeks then asked. "Did you talk to Linda about coming back to the meeting?" Sutton asked the mayor. "Or is she still mad at Mr. Guy over here and she won't come back—" "Well, it wasn't Linda, I don't think, was it?" Weeks said. "It was Anita," Coln observed. "Anita, yes," Sutton said. "No," Weeks admitted, "I haven't." "I think she ought to make an appearance at meetings," Sutton said. "Like tonight, you could tell her, you know, her problems." Mayor Weeks ignored Sutton's suggestion, and after a moment's pause he went on. "Any thing else before we adjourn?" Jeff Coln then asked Raymond Butler, "Any more news on the Ramer, getting connected?" "The way they talk," Butler replied, "it will be spring, or some time in there. He said he didn't want to start on it right now." "Because the weather is so bad?" Coln asked. "I don't blame him." "Well," Butler said, "I think it's mostly boring under the highway down there. He said Broadway wanted to wait 'til spring." "Well," Weeks observed, "they shouldn't have a water shortage before then, any way." "No," Butler agreed. "They got plenty right now." Weeks then asked, "Can I get a motion that we adjourn the water department meeting?" The motion was made by Martin, seconded by Hunter, and passed unanimously. City Meeting Mayor Weeks then called to city meeting to order, and the minutes (on a motion by Martin, seconded by Robbins) and the bills (on a motion by Hunter, seconded by Robbins) were quickly approved by unanimous voice votes. "I don't know whether you're aware of this or not," Weeks then said, "but we signed a release for Wayne Elam, Elam Mattress property, after the tornado came through. I think he had borrowed, what was it, sixty thousand, some time back, and he had paid it down to around sixty-three hundred, I believe. [Emodene Smith corrected him: "Sixty-five."] Sixty-five. And he paid that and we signed the release, and this was to help facilitate him with his insurance claims. We have taken care of that." Weeks then asked about what progress had been made in making arrangements for the presentation of an award to the Dollar General Store for leading the district in sales. After considerable discussion the board agreed to present the plaque on either March 8 or March 15. "All right," Mayor Weeks finally said, moving on down the agenda. "Item 4. Consideration to reapply for the emergency sirens, or install on our own. And I've got some phone numbers here, some companies that install these things. I don't know what they would cost. We've been turned down twice on grants, but I think we've got a legitimate concern, a legitimate opportunity to go after this again." "Yeah," Martin said. "Now would be a good time to apply for that grant. They can see that we need it. We're in tornado alley." "And we were very fortunate not to have some loss of life," Weeks observed. "Exactly," Martin agreed. "And we were really, right up until the end, considered for that grant. Because I went to several meetings and they had us up on the board and everything about the grant money. And I don't know what happened. I thought it was in our pocket." "We just didn't have enough pull," Sutton said. "I think we need to reapply," Martin said. Mayor Weeks said, "I'll be in touch with Southwest and see if they can handle that for us." Fire Chief Elvis Butler mention the effectiveness of including photos to illustrate the need. "Yeah," Weeks agreed. "I've got Wayne [Elam] getting me some pictures." "You need to go all over the community and get pictures of houses and things that were damaged," Elvis Butler continued. "The more you put in, the better it adds up." Jeff Coln, whose home was only a few hundred yards from the completely destroyed mattress factory, said, "We've got a bunch of pictures of our house that you can have, too, Charles." The next agenda item directly involved Alderman Coln. "Okay," Weeks continued. "Item 5, legal opinion on paving Coln Hill Lane." He then called on Kennedy, who had been asked to prepare a legal opinion on the propriety of the town of Eastview paving or maintaining Coln Hill Lane, a private road which was sometimes used by the town to access the town's water tower. Kennedy said that he had looked at the easement and that it contained nothing pertaining to paving or maintaining the lane. Since the lane is on private property, Kennedy told the board, "It would be my recommendation that we not pave that road. We also have an issue in the fact that, to be honest with you, that Jeff lives up that road, and even if he didn't live up there I'd still tell you the same thing. But the fact that he lives up there, I think makes it even, more reason for me to say to you, I don't think you should do it now." "Well," Sutton said, dryly, "I understand somebody else owns that right of way anyway, don't they, Jeff?" "What," Coln asked, "are you talking about the road? I own it." "Yeah, I know," Sutton said, chuckling. "He [Russell Coln] gave the easement, but you own the road, don't you." "Yeah," Coln acknowledged. "I've got a deed to that road from the highway." "Well, what Russell gave you [the town of Eastview] isn't any good, then," Kennedy observed, to general laughter. "I think," Coln explained, "the way I understood it from Russell—I said it doesn't make any difference to me—but from what I understand from Russell, is they had a, y'all had a, with the previous board, had a verbal agreement for the city to keep the road up, if it needed anything. And I, like I say, I don't have a clue. I don't know." "Well," Kennedy replied, "there's nothing about that in the easement. It just says it's an ingress, egress easement from, and it's got the description, from Hwy 45." "I don't know," Coln said. "I guess we need to— I mean, y'all do whatever you want to, I mean, it's nothing to me. Wait until he [Russell Coln] gets back?" "It's just your road?" Martin asked. "Russell doesn't own that road?" queried Kennedy. "No, sir," Coln replied. "I own the road." "Well," Martin observed, "he [Russell Coln] can't ask to get it paved anyway, then." Sutton agreed, adding, "That easement's really no account." Coln said, "I'm not going to stop you from going to the water tower, if you want to go to the water tower," adding, "You won't have any trouble from anybody up there, as far as, any time you want to go up there." "If you want to deed the road to us, that would be something else," Kennedy suggested. "That's something else that's possible." "I've got a lot of money in it so far," Coln said. "I'm making payments to Farm Credit. [Laughter.] They love me." Kennedy then raised another matter. "I was approached again about Lindsay Lane. I just told the lady I didn't know where we were, other than the fact that I thought we were still waiting on James Martin to go out there and mark the corners. I knew there had been some discussion with the highway, the county highway department. They were going to do it all when it was done. Is that where we are, still?" "I think so," Mayor Weeks replied. "I think that's where we are." Kennedy continued. "I'd just like to go ahead and write James a letter, ask him a question, again, to go out there and mark those. We've got a deed. It doesn't take— Go down there an mark the corners by the deed, and then we'll contact the general land owners if we have to, but we've got to get that done." "Because it's getting close to the time for people to start working on that," Weeks added. "Going back to the water tank thing," Coln said, "when you come up my driveway, the road that goes to the water tank is going back across Russell's land there, but there's no, and that wasn't even a road, that was just an open spot in the woods." "Well," Weeks suggested, "maybe that's the easement he—" "No," Kennedy said, "there's actually, there are two different things." "Well," Coln finally said, "I'm not going to put up a toll or anything." Mayor Weeks finally said, "I don't think we as a city can really do anything as far as" paving the lane was concerned. Weeks then called on Fire Chief Butler. "Elvis, have you got anything you need to talk to the board about?" "We answered," Butler began, "I don't think we had but two calls this month. One of them was a chimney fire, and the other was the storm. We're talking about trying to do a fund-raiser. We haven't got all of it worked out yet. We're looking into doing something like that. We need a generator for our station. We're going to try to raise the money. It's rough trying to roll them doors up by hand." Coln said, "I'd like to commend the fire department, too, on the storm. You guys were all over the place for us." "We got the roads cleaned quick," Butler agreed. "That was another night I didn't help you," Coln said, to general laughter. "Yeah," Butler acknowledged, "but you had a reason. You was kind of busy." "I had to cut three trees just to get out of my shop," Coln said. "But y'all did do a good job. I appreciate it." "Yeah, they did," Mayor Weeks agreed. "They sure did." Mayor Weeks then called on Anwar Ahman, the owner of the Junction, who explained that he was reopening the Junction, whose previous tenant had shut the business down, and would like to have the board's permission to use the beer license he had been issued before the previous tenants had moved in. Attorney Kennedy explained that only one beer license could be in effect for any facility, and that the replacement of one license by another had the effect of extinguishing the first license, so Ahman's license was no longer any good. Kennedy added that an application for a new license would have to be advertised and that a public meeting would have to be held before it could be issued. After some discussion, the board agreed to hold a special board meeting at 6:30 p.m. on Thursday, February 28, with the meeting to be advertised in the 27 February issue of the Independent Appeal. "Anything else?" Mayor Weeks finally asked. "I have one thing," Kennedy said. "There was discussion some time back about our policy, our drug policy for the employees from the fire department. And part of that, as I recall, was that they was wanting the random testing. MTAS takes the position that, as a city government, we cannot do random testing. Even if, and, you know, I explained the situation we had, and it's their position that we can do, post, once they're hired, we can test, and then we can test on reasonable suspicion, which, and I told them, I think we can probably test on reasonable suspicion anyway. But, do you want me to go ahead— And I've got that policy that I can prepare and bring to you, if it's what you want. But it will not, if you go what MTAS says, it will not include any type of random testing." "So it's only pre-employment and reasonable suspicion?" Martin asked. "Can't even do blanket randoms, once a year?" "Not according to MTAS," Kennedy replied. "Now, we've got a policy for other, private employers, that, yes, obviously, it's got, you can, as you know—" "Almost all the employers do," Martin said, and the meeting adjourned (on a motion by Sutton, seconded by Robbins) without any action being taken on the issue. Text of Anita Battles' Letter Jan. 21, 2008 To the board of aldermen and mayor: I understand you have a problem with me taking off on Fridays. I really don't understand why. The office is covered and Linda is fully capable of taking care of anything that goes on there and I am only a phone call away. I need to be off because of drawing my ex-husband's social security. I can only make so much without being penalized by social security. This is the only way I can do it without losing some of my check and Linda has a chance to make a little money for herself. She doesn't mind, you can talk to her if you wish. If you would please consider this situation and approve it, I would appreciate it very much. And the other problem I have read on the internet is taking my benefits away. If that is what you choose to do that is fine with me as long as I still get to be off even if it is without pay. It is your right to do so if you wish. I suppose you are well aware of the reason I do not attend the meetings now. Mr. Guy Townsend is the reason. If you read what he put on the computer about me back in October you will understand why. I will not give him another chance to humiliate me like that again. He made his own criticisms about me and derogortory [sic] remarks which he should not be allowed to do, but did anyone stand up for me! [sic] NO, and that is why I won't give him another chance to do that to me again. Anita Battles Town Board Meeting 15 January 2008 Eastview's Town Board meeting is always preceded by the meeting of its Water Board, and the January Water Board meeting was a marathon affair, lasting nearly an hour and a half. It covered at great length the proposed hookup with Ramer, acquisition of new software and equipment to improve the department's efficiency and customer service, and how the town should dispose of its surplus equipment, before finally spending twenty minutes discussing Water Department employee Anita Battles. In contrast to the Water Board, the business of the Town Board was disposed of in a brisk, quarter-hour meeting. |