Mayor: Greg Brown
Town Consultant: Ansley Moses
Office Manager: Pat Lane Fricks
Town Attorney: Brian C. Smith
Judge: W. Bradley Weeks
Commission Meeting Minutes
THE MINUTES OF THE REGULAR MEETING
OF THE BOARD OF COMMISSIONERS OF
THE TOWN OF LOOKOUT MOUNTAIN, TENNESSEE
August 10, 2010
The Board of Commissioners of the Town of Lookout Mountain, Tennessee, met in regular session at the Town Hall on Tuesday August 10, 2010 at 5:00 o’clock p.m., the following being present:
Greg Brown, Mayor
Will Moses, Commissioner
Carol Mutter, Commissioner
Edward L. Mitchell, Commissioner
Dan Crates, Commissioner
Brian C. Smith, Town Attorney
Ansley Moses, Town Consultant
Chief Randy Bowden
Walker Jones
Dwight Montague
Peggy Laney
Bobby McDaniel
Mayor Brown called the meeting to order and recognized a quorum for the conduct of business
Upon motion of Commissioner Mitchell, seconded by Commissioner Crates and unanimously approved the minutes of the July 20, 2010 were approved and ordered entered into the Town’s minute book.
Dwight Montague presented the financial report for the Town through the month of July, 2010 and advised that the Town’s financial results through the first month of the year were in line with projections. Ansley Moses followed up and advised of the addition of new line items in the budget, one for the Beautification Fund to reflect the use of the grant from County Commissioner Richard Casavant and the second to reflect the advances to the Houts family. Upon motion of Commissioner Mutter, seconded by Commissioner Moses the financial report was approved.
Commissioner Mutter reported for the Fire and Police Department and reviewed the activity report for the month of July, 2010 and reported on a rash of thefts from vehicles.
Commissioner Moses reported for the Department of Parks and Playgrounds. He advised that the department was in a quiet period. He stated the annual Labor Day celebration would be held but would be scaled back from last year’s.
Commissioner Mitchell reported for the Education Department and announced that school would have registration on August 4 and start classes on August 11, 2010.
Commissioner Crates reported briefly for the Public Works Department.
Peggy Laney, as Citizen’s Input, appeared to urge the Commission to become aware of problems caused by water run-off and to encourage use of permeable concrete products for drives, etc..
Mr. Smith advised the commission that continued participation in the National Flood Insurance Program was dependent upon passing an ordinance prepared by the federal program to amend the Town’s current flood plain ordinance. Whereupon, upon motion of Commissioner Mitchell, seconded by Commissioner Mutter an unanimously approved the ordinance attached as exhibit A to these minutes was passed upon first reading.
Mr. Smith further advised that the State mandates regular updating of our ordinances regulating building codes and suggested the need to update to the 2006 International Building Code and the 2008International Electrical Code. Upon Motion of Commissioner Mitchell, seconded by Commissioner Moses and unanimously approved the ordinance attached as exhibit B to these minutes was adopted upon first reading.
Mayor Brown then began the Mayor’s report by congratulating the newly elected members of the Commission , advising that the new Commission would be sworn in during the September, 2010 meeting. Mr Moses then commented upon the status of the South Forest Street property
There being no further business the meeting was adjourned until Tuesday, September 14, 2010.
THE MINUTES OF THE REGULAR MEETING
OF THE BOARD OF COMMISSIONERS OF
THE TOWN OF LOOKOUT MOUNTAIN, TENNESSEE
July 20, 2010
The Board of Commissioners of the Town of Lookout Mountain, Tennessee, met in regular session at the Lookout Mountain Presbyterian Church on Tuesday July 20, 2010 at 5:00 o’clock p.m., the following being present:
Greg Brown, Mayor
Will Moses, Commissioner
Carol Mutter, Commissioner
Edward L. Mitchell, Commissioner
Brian C. Smith, Town Attorney
Ansley Moses, Town Consultant
Chief Randy Bowden
Walker Jones
Dwight Montague
May Mitchell
Bobby McDaniel
Alice Smith
Maddin Corey
State Senator Andy Berke
State Representative Richard Floyd
Mayor Brown called the meeting to order and recognized a quorum for the conduct of business
Upon motion of Commissioner Mitchell, seconded by Commissioner Moses and unanimously approved the minutes of the June 8, 2010 were approved and ordered entered into the Town’s minute book. Upon motion of Commissioner Moses, seconded by Commissioner Mitchell and unanimously approved the minutes of the Biennial Town meeting were approved and ordered entered into the Town’s minute book.
State Representative, Richard Floyd and State Senator Andy Berke appeared specially to present Alice Smith, daughter of John T. Lupton, deceased, with a mounted copy of a Joint Resolution of the State of Tennessee Senate and House of Representatives passed to honor the unique contributions of Mr. Lupton to the economic and cultural value of the state of Tennessee and the Chattanooga area. Senator Berke commented that Mr. Lupton was a classic example of what true leadership really is. Ms Smith accepted the Joint Resolution on behalf of the Lupton family.
Ansley Moses presented the financial report for the Town through the month of May, 2010 and advised that the Town had managed a cash basis operating surplus. Mayor Brown commented that the surplus had been achieved in spite of a 25% decrease in the Hall Income Tax revenue and without a tax increase, all to the credit of the department heads in the management of expenditures. Upon motion of Commissioner Mutter, seconded by Commissioner Moses the financial report was approved.
Mayor Brown then directed the meeting to the adoption of a budget for the current fiscal year. At the June meeting the Commission adopted a budget on first reading which did not provide for salary increases for town employees. The results of operations for the past fiscal year and the Town’s portion of the Hall income Tax have been determined. Mayor Brown reversed his previous suggestion of the need for a tax increase. Commissioner Mutter moved the adoption of the budget proposal containing a 3% across the board raise in pay for town employees; Commissioner Mitchell echoed those sentiments as did Commissioner Moses. Upon motion of Commissioner Mitchell, seconded by Commissioner Mutter and unanimously approved the budget proposal containing a 3% raise was adopted..
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Commissioner Mutter reported for the Fire and Police Department and reviewed the activity report for the month of June, 2010.
Commissioner Moses reported for the Department of Parks and Playgrounds. He advised that the Commons Camp has been successful although not on the level of last year. The baseball program has been more successful than anticipated, with the 11& 12 year team winning the district and advancing to the state tournament and the 9 & 10 team advancing to the state competition in Rockwood, TN. There will be a Lookout Mountain Hall of Fame induction in September 2010..
Commissioner Mitchell reported for the Education Department and announced that school would have registration on August 4 and start classes on August 11, 2010.
Commissioner Crates was absent due to his wife’s health condition.
There being no citizen’s input the Commission took up the old business of the request of the church of The Good Shepherd to place directional signs at points along the streets of the town. Mayor Brown advised that the town had a strict sign prohibition in place for a reason and he was concerned about the precedential effect of approval and therefore recommended against approval and suggested Town consultant Montague to investigate availability of space on Rock city’s signs for the church to use. Commissioners Moses and Mutter agreed. Therefore the request was denied.
Mayor Brown then began the Mayor’s report and placed specific emphasis upon the cosmetic changes at the Town’s business district instigated by the Garden Club of Lookout Mountain and particularly Lolly Jones and Candy Killebrew. The changes were funded primarily by a grant from County Commissioner Richard Casavant, SunTrust Bank and First Tennessee Bank. Mark Caldwell has replaced the American flag in the district and all light poles and flag pole have been refinished. He also commented upon the recent Lawrence Family Reunion of approximately 250 person. The family are decendants of one of the oldest families on the mountain.
Mr Moses then commented upon the status of the South Forest Street property and Karen Nelson’s (dispatcher) health and recommended extension of her sick leave pay by an additional 30 days. Such action was approved after motion of Commissioner Mutter, seconded by Commissioner Mitchell.
There being no further business the meeting was adjourned until Tuesday, August 10, 2010.
THE MINUTES OF THE REGULAR MEETING
OF THE BOARD OF COMMISSIONERS OF
THE TOWN OF LOOKOUT MOUNTAIN, TENNESSEE
July 21, 2009
The Board of Commissioners of the Town of Lookout Mountain, Tennessee, met in regular session at the Town Hall on Tuesday, July 21, 2009, at 5:00 o’clock p.m., the following being present:
Greg Brown, Mayor
Dan Crates, Commissioner
Will Moses, Commissioner
Carol Mutter, Commissioner
Edward L. Mitchell, Commissioner
Brian C. Smith, Town Attorney
Ansley Moses, Town Consultant
Randy Bowden
Bobby McDaniel
Jody Clark
Ruthie Oehmig
C. Robert Clark
Mayor Brown called the meeting to order and recognized a quorum for the conduct of business.
Upon motion of Commissioner Crates, seconded by Commissioner Mitchell and unanimously approved, the minutes of the June 9, 2009 regular meeting of the Mayor and Board of Commissioners of the Town of Lookout Mountain, Tennessee, were approved and ordered entered in the Town’s Minute Book.
Ansley Moses presented the Town’s Financial Report and reviewed the year end results for June 30, 2009. Preliminary indicates are that the Town wound up the year with a surplus on a cash basis of $135,000.00. This is due primarily to each department in keeping expenses under budget during the year and an increase revenues. He advised that the State shared revenue payment for the Hall Income Tax had been higher than anticipated and came in the amount of $660,000.00. He then briefly mentioned the Juanita Wilson property on South Forest and deferred discussions until a later date. Upon motion of Commissioner Mutter, seconded by Commissioner Mitchell and unanimously approved, the Financial Report as presented was approved.
Mr. Moses then proceeded with the proposal for a budget for the current fiscal year. This is an extension of the budget discussion from the June meeting at which time a budget proposal was approved without salary increase to employees and without any provisional capital outlays during the year. Because of the unanticipated size of the Hall Income Tax payment, Mr. Moses is recommending that a 3% salary increase for all employees be included in the budget and that $71,350.00 be approved for capital outlay during the year.
After discussion of the proposed changes, upon motion of Commissioner Mitchell, seconded by Commissioner Moses and unanimously approved, the budget as presented with the amendments from the June budget approval were approved.
Commissioner Mutter presented the report for the Fire & Police Department and presented a review of the activities of the department during the previous month. She made a special comment regarding the resolution of the series of burglaries reported during the month and advised that arrests had been made and most of the property reported stolen had been recovered. There have been no incidents since the arrests.
She further commented upon the proposal of the installation of surveillance cameras at the main entrances to the Town to assist in identification of criminals entering and leaving the Mountain at the time or near the time of a reported incident. Chief Bowden is conducting an investigation and interviewing companies providing such equipment and will report at a later date.
Commissioner Mutter then presented a letter of thanks from Jim and Rhonda Purser for the out pouring of support during Captain Pursuer’s recent accident.
Commissioner Moses made a report for the Parks & Playground Department and advised that the Mountain’s two All-Star teams, the 9 and 10 year old and the 11 and 12 year old had advanced to the State Tournament with the 9 and 10 year olds being victims to a loss in the second round of the State Tournament. The 11 and 12 year olds competed in the State Tournament in Dixon, Tennessee and emerged as the State Champions and will compete in the World Series to be held in Texarkana, Arkansas where they will be the team from the State of North Carolina in the first round.
Commissioner Mitchell had reported for the Educational Department and advised that the school would begin classes on August 12, 2009 and that staff was reporting on August 3, 2009.
Commissioner Crates reported for the Public Works Department and that it had finished the filtration wash rack and had cured the roadside ditch at the intersection of Lincoln and West Sunset. Also he advised that the over growth at the intersection of Morrison and North Bragg was being addressed.
Under the category of new business, Commissioner Mutter presented a proposed Resolution to prohibit the possession of handguns within the municipal parks owned by the Town. After considerable discussion, upon motion of Commissioner Mutter, seconded by Commissioner Mitchell and unanimously approved, the following Resolution was adopted.
RESOLUTION
A RESOLUTION TO PROHIBIT HANDGUNS IN PUBLIC MUNICIPAL PARKS, NATURAL AREAS, HISTORIC PARKS, NATURE TRAILS,
CAMPGROUNDS, FORESTS, GREENWAYS, WATERWAYS,
OR OTHER SIMILAR PUBLIC PLACES
WHEREAS, prior to September 1, 2009, Tennessee Code Annotated § 39-17-1311, essentially made carrying weapons in municipally owned parks, playgrounds, civic centers, or other building facilities a Class A misdemeanor; and
WHEREAS, Public Chapter No. 428 (House Bill 716 and Senate Bill 976) of the 106th General Assembly, as adopted, removed the above mention prohibitions in public parks for persons authorized to carry handguns pursuant to Tennessee Code Annotated § 39-17-1351; and
WHERAS, Public Chapter No. 428 of the 106th General Assembly permits municipal and county governments to prohibit, by resolution, the carrying of handguns while within a public park that is owned or operated by a county, a municipality, or their instrumentalities; and
WHEREAS, the Mayor and Board of Commissioners for the Town of Lookout Mountain, Tennessee desires to continue prohibiting the carrying of handguns in municipal parks; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Commissioners of Lookout Mountain, Tennessee as follows:
SECTION 1. Any person authorized to carry a handgun under Tennessee Code Annotated § 39-17-1351, is prohibited from possessing any handgun while within a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the Town of Lookout Mountain or any of its instrumentalities. This prohibition of handguns within any municipal park applies to the entire park, notwithstanding the provisions of Tennessee Code Annotated § 39-17-1311(b)(1)(I). However, this resolution does not prohibit lawful possession of any handgun in accordance with Tennessee Code Annotated § 39-17-1311(b)(1)(A)-(H).
SECTION 2. The Town of Lookout Mountain shall display signs in prominent locations about the public recreational property, at least six inches (6”) high and fourteen inches (14”) wide, stating:
MISDEMEANOR. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND A FINE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) FOR CARRYING WEAPONS ON OR IN PUBLIC RECREATIONAL PROPERTY.
SECTION 3. If a part of this Resolution is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Resolution is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
SECTION 4. This resolution takes effect from and after its passage, the welfare of the Town of Lookout Mountain requiring it.
APPROVED AND ADOPTED THIS 21ST DAY OF JULY, 2009.
Ruth Oehmig then appeared to advise that she was new proprietor of the former Mountain Café and discussed her plans for a restaurant to replace the Mountain Café which she hoped to be opened by mid-October.
The owner of new Guthries Restaurant was also present and welcomed to the community.
There followed a discussion of parking problems in the Town’s Community Center with representatives of Twigs, Guthries, a fitness facility and the Mountain Café being present. The Mayor advised that the Department of Transportation was coming August 3, 2009 to review the problem. He then advised there would be a meeting set up to work through the problems with all effective business owners and members of the Commission.
Ansley Moses then brought up the matter of the 2010 Federal Census to be taken and advised that the Town was a partner with the Census Bureau with an obligation to spread information about the Census and it’s importance to the Town and to encourage all residents to fully cooperate in the census effort.
Mayor Brown then commented that at the next meeting the President of Covenant College would appear and report on his attendance at the Lookout Mountain, Georgia Commission meeting relative to its commercial plans.
Former Mayor C. Robert Clark addressed the Commission on the issue of the need to institute access necessary to extend the boundaries of the Town within the limits set out in the Regional Urban Growth Plan adopted in the early 1990’s.
There being no further business, the meeting was thereupon adjourned until the meeting of the Mayor and Board of Commissioners on Tuesday, August 11, 2009 at 4:30 o’clock p.m.
THE MINUTES OF THE REGULAR MEETING
OF THE BOARD OF COMMISSIONERS OF
THE TOWN OF LOOKOUT MOUNTAIN, TENNESSEE
The Board of Commissioners of the Town of Lookout Mountain, Tennessee, met, pursuant to advertisement, for the Regular Meeting of the Mayor and Commissioners on Tuesday, June 9, 2009, at 4:00 o’clock p.m., and for purpose of holding, the following being present:
Greg Brown, Mayor
Dan Crates, Commissioner
Will Moses, Commissioner
Edward Mitchell, Commissioner
Brian C. Smith, Attorney
Ansley Moses, Town Consultant
Randy Bowden, Chief
Bobby McDaniels
Judge Higgason
Paula Gossett
Anna Campbell
Mayor Brown called the meeting to order and recognized a quorum for the conduct of business.
Upon motion of Commissioner Mitchell, seconded by Commissioner Crates and unanimously approved, the minutes of May 12, 2009 regular meeting of the Mayor and Board of Commissioners of the Town of Lookout Mountain, Tennessee were approved and ordered entered in the Town’s Minute Book.
Ansley Moses presented the Town’s Financial Report through the month of May, 2009. After brief discussion, the focus of the meeting moved toward the proposed budget for the coming fiscal year. Mr. Moses presented his budget proposal with the caution that until such time as the Hall Income Tax portion of the State shared revenues is known (perhaps as early as July 7th) no definite revenue figures could be determined.
After considerable discussion of detail, upon motion of Commissioner Mitchell, seconded by Commissioner Moses and unanimously approved, the proposed budget was adopted upon first reading. The budget will be maintained at the Town Hall for any wishing to review it.
Judge John Higgason appeared to request approval from the Mayor and Commissioners of proposed changes in the operational procedures for the municipal court for the Town. The changes are designed to produce a more formal and dignified atmosphere. After discussion, all members of the Commission signified their approval of the proposed changes.
In the absence of Commissioner Mutter, Chief Randy Bowden presented the report for the Fire & Police Department and presented the monthly incident report for the month of May 2009.
Commissioner Moses advised that the renovation of the Mountain Maze was almost complete and that the recreation board is planning an opening celebration which will probably be conducted on Labor Day. He further advised that the first reimbursement request has been made to the State for 50% of the monies expended to date.
He also advised that the Town had received three bids for construction of the fencing around the newly renovated Mountain Maze. After explaining the bids and the recommendation of the Department, Upon motion of Commissioner Mitchell, seconded by Commissioner Moses the bill of Raindance and Stewart Bickley was accepted as being the best bid.
Commissioner Moses reported that the materials for the renovation of the Mountain Maze have been delivered and he anticipates construction beginning on May 13th. Construction is anticipated to last two to four weeks, after which a fence will need to be constructed around the park and landscaped. Upon motion of Commissioner Mitchell, seconded by Commissioner Moses and unanimously approved, the bid of Rain Dance was accepted.
Commissioner Mitchell advised that the School library was now open for summer programs. Paula Gossett, Principal of the Lookout Mountain School appeared to advise that the State Department of Education has developed and is implementing new standards. She advised that all of the teaching staff is working through the summer on these standards and improvements in the educational process. August 5, 2009 is registration day for the year with the first day of school being August 12, 2009.
Commissioner Crates advised that the sink hole on Bartram Road has become active again. He will have an engineer investigate the causes and proposed methods of repair.
The vehicle washing facility and its contaminate separators should be complete soon. The recent rainfall and underground streams have caused a delay in completion.
Mayor Brown advised that he had recently taken a tour of Covenant College and had asked the President to talk to the Commission at its August meeting.
The City of Lookout Mountain, Georgia, in consideration of its planned unit developments, has sent a letter from Mayor Gifford to ask that the Town of Lookout Mountain, Tennessee make a contribution to the cost of the study and drafting of the ordinance. Mayor Brown will make further inquiry on that matter.
There being no further business, the regular meeting were thereupon adjourned until the regular meeting of the Mayor and Commissioners of the Town of Lookout Mountain, Tennessee on Tuesday, July 21, 2009 at 5:00 pm.
THE MINUTES OF THE REGULAR MEETING
OF THE BOARD OF COMMISSIONERS OF
THE TOWN OF LOOKOUT MOUNTAIN, TENNESSEE
May 12, 2009
The Board of Commissioners of the Town of Lookout Mountain, Tennessee, met in regular session at the Town Hall on Tuesday, May 12, 2009, at 5:00 o’clock p.m., the following being present:
Greg Brown, Mayor
Dan Crates, Commissioner
Will Moses, Commissioner
Edward Mitchell, Commissioner
Brian C. Smith, Town Attorney
Ansley Moses, Town Consultant
Randy Bowden, Chief
Bobby McDaniels
C. Robert Clark
Jodi Clark
Zane Brown
Gene Williams
Cindy Whitaker
Mayor Brown called the meeting to order and recognized a quorum for the conduct of business.
Upon motion of Commissioner Mitchell, seconded by Commissioner Crates and unanimously approved, the minutes of the April 14, 2009 regular meeting of the Mayor and Board of Commissioners of the Town of Lookout Mountain, Tennessee, were approved and ordered entered in the Town’s Minute Book.
The Mayor proceeded out of order to hear citizen’s input. At that time, Cindy Whitaker, Jodi Clark and Zane Brown, as representatives of the Garden Club of Lookout Mountain appeared. Ms. Whitaker reviewed the history of the Garden Club of Lookout Mountain and its membership in the Garden Club of America, being the oldest member of the club in the southern United States, more than 200 clubs are members of the Garden Club of America. The local membership began in 1923. Jodi Clark reviewed the facts that the Garden Club of Lookout Mountain had proposed the Town of Lookout Mountain, Tennessee for the receipt of an award of conservation and historical restoration and the Garden Club of America has awarded the Town of Lookout Mountain, Tennessee a Conservation Commendation for its work in conservation and historical restoration of the Natural Bridge Park. Mayor Brown accepted the award on behalf of the Town and gave his thanks both to the Garden Club of Lookout Mountain and the Eagle Scout candidates for their continuing work in restoring the park.
Ansley Moses presented the Financial Report for the Town through the month of April 2009. Mr. Moses recommended amendments of the current budget line items in the general administration department for Town Hall repairs increasing from $15,000.00 to $19,000.00, legal services increasing from $32,400.00 to $38,000.00 and election expenses rising from $4,000.00 to $4,700.00 and in the dispatch department, an increase in the complete computer and dictation expenses from $6,684.00 to $8,500.00, amounting to a $12,116.00 of increased expense. Upon motion of Commissioner Moses, seconded by Commissioner Mitchell and unanimously approved, the foregoing budget line item changes were authorized and the Financial Report as presented was accepted.
Mr. Moses then reviewed the budget assumptions to be used in preparation of the next fiscal year’s budget which will be presented at the June 2009 meeting.
Mr. Moses then commented on the request to continue Jim Pursuer on the payroll of the Fire & Police Department until June 30, 2009 to allow him sufficient time after his 29 years of service to obtain approval of disability benefits because of his recent accident and serious surgeries. He also advised that the Town of Lookout Mountain has established an account for their receipt of donations by residents or others for the assistance of Mr. Pursuer and his family.
In the absence of Commissioner Mutter, Chief Randy Bowden presented the report for the Fire & Police Department and presented the monthly incident report for the month of April 2009.
Commissioner Moses reported that the materials for the renovation of the Mountain Maze have been delivered and he anticipates construction beginning on May 13th. Construction is anticipated to last two to four weeks, after which a fence will need to be constructed around the park and landscaped.
Commissioner Mitchell reported for the Department of Education and advised that the school holds its graduation services on May 22, 2009 and final report cards will be issued on May 27, 2009. On June 9th, the school