Norris City Council


Monday, February 11th, 2013





The meeting was called to order by Mayor Chris Mitchell. 






1.      The minutes of the January 14th, 2013 meeting were presented for approval. Motion was made by Council Member Grieve to approve the minutes.  Motion was seconded by Council Member Painter.  Motion carried by voice vote.




2.      Mayor Mitchell recommended the following individuals for Board and Commission vacancies:


Norris Little Theatre- Rachel Hicks

Community Development-George Miceli

Norris Animal Commission - Leanne Eldred


Motion was made by Mayor Mitchell to approve the appointments.   Motion was seconded by Council Member Painter.  Motion carried by voice vote.


Mayor Mitchell reported he is no longer able to serve as the Council Member on the Norris Animal Commission.  Mayor Mitchell asked if any of the Council would be interested in filling the position.  Council Member Haverkamp stated he would be willing to fill the position.  City Manager Hester stated a motion and vote was not needed as the Mayor could appoint someone to the position.  Mayor Mitchell appointed Council Member York Haverkamp to serve as the Council Member on the Norris Animal Commission in his place.


The possible date for the Council Retreat was discussed and no decision was made.   This may be brought up again in the future should Council decide it be necessary.


City Manager Tim Hester reported the Council had been provided a copy of the CT-0253 form pertaining to the $60,000 Capital Outlay Note dated 12/31/12.  The City is required by the State of Tennessee to provide a copy of the CT-0253 form to the Council.



3.      City Manager Hester presented a proposed draft contract between East Tennessee Development District and the City of Norris for Planning and GIS Services.  The contract would be for 12 months at a cost of $5,250 per year effective 07/01/13.  City Manager Hester noted this is the same amount the City was paying the State of Tennessee before they discontinued this service.  Motion was made by Vice Mayor Black to approve the contract.  Motion was seconded by Bill Grieve.  Motion carried by voice vote.


4.      Ordinance 564 - An Ordinance to Amend Title 17, Refuse and Trash Disposal, Chapter 1 Refuse, Section 17-107, Refuse Collection Fees was presented for first reading.   City Manager Hester reported in order to offset the refuse shortage, the residential rate would need to be raised to $14.25 per month/household and the Commercial Rates would be raised approximately 10% and based on container size as disclosed in the Ordinance.  City Manager Hester noted the current contract runs through June 2015 and the projected rates should hold until June 2015.  City Manager Hester reported this is a very conservative increase and the noted rates have not been adjusted since 2007.    City Manager Hester also noted a Public Hearing would be required pertaining to this Ordinance.  Council Member Haverkamp asked about moving the money from reserve to keep from taking an audit hit.  City Manager Hester stated in order to prevent an audit finding, an amendment to cover the deficit would be presented to Council in June.  Gary Golden, Dale Rd., stated he understood from last month's discussion, pulling the money from the reserve verses raising rates would be researched and a recommendation would be presented at the next council meeting.    Mayor Mitchell stated from his memory City Manager Hester was to bring back to Council the rate increase needed to cover the deficit without pulling funds from the reserve.   Motion was made by Council Member Painter to approve on first reading Ordinance 564.  Motion was seconded by Council Member Grieve.   Motion carried by voice vote.


5.      A Public Hearing will be required on Ordinance 564.  City Manager Hester recommended the Public Hearing be held on Monday, March 11th, 2013 at 6:00 p.m. before the City Council Meeting.  Motion was made by Council Member Haverkamp to set the Public Hearing for Ordinance 564 for 6:00 p.m. on Monday, March 11, 2013.  Motion was seconded by Council Member Painter.  Motion carried by voice vote.




City Manager Hester reported on the following:


1)      The 2012-2013budgets are on track.  Property tax collection is 97.4%.  Revenue collections are on track and expenditures are 64% as of 01/31/2013.

2)      No update on the Archives Grant.

3)      The new Public Works vehicle, a 2013 Chevrolet 2500HD 4 x 4 is now in service.

4)      City Manager Hester reported vehicle repairs to the Public Safety Ford Explorer - $500 and clutch repair to the Public Works dump truck.

5)      City Manager Hester reported a new Public Safety Officer, Gregory Roberts, had been hired replacing Gary Wood.  Officer Roberts is a former TVA Police Officer and lives in our area.

6)      City Manager Hester reported the challenge pertaining to Annexation Ordinance 545, which had been previously dismissed, was reversed today by Chancellor Lantrip.  The City will now prepare for trial and the Council will be notified when the trial dates are set. 


See attached City Manager Report.




6.       Ordinance 563 - An Ordinance of the City of Norris, Tennessee Adding Mechanical Inspections, Part V, As Defined By the 2006 Edition of the International Building Code, Residential Code, and Plumbing Code was presented for first reading.   City Manager Hester reported the State had decided to put mechanical inspections back on the cities.   Public Works Director Shirley Walker has passed the required tests.  Vice Mayor Black asked if anyone in-house could backup Shirley.  City Manager Hester stated not at this time, but the County could offer backup if needed.  Motion was made by Council Member Haverkamp to approve the first reading of Ordinance 563.  Motion was seconded by Council Member Grieve.  Motion carried by voice vote.  City Manager Hester stated this Ordinance does not require a Public Hearing.

Ordinance Draft Chapter 4, Norris Outdoor Lighting Ordinance was presented to Council.  Vice Mayor Black gave a presentation of the Lighting Ordinance.  He stated the City needed an up-to-date standard on lighting.  Vice Mayor Black stated a Work Shop had been held last week and the Planning Commission recommended the Ordinance be presented to Council.  Vice Mayor Black stated this Ordinance would set minimum standards.  Mayor Mitchell asked City Manager Hester from his prospective, is it enforceable.  City Manager Hester stated Section 14.220.9 deals with street lights and he did not see a problem with that, but stated if it is enacted needs to include a provision concerning the removal of street lights.  He saw no issues with the Ordinance as pertains to new construction except for some definitions - as an example it does not state churches and schools would be included in the program.  City Manager Hester stated he was concerned with the sections concerning retrofits and updates and did not fell this would not be easily enforced.  Spencer Boardman, 112 Reservoir Road, stated Planning had been looking at this for over a year and no ordinance will be perfect.  He said not having an ordinance will be a mistake and wants to move forward with the ordinance.   Joe Deatherage, 122 CCC Camp Rd. stated he can see issues with a business wanting additional lighting as they would need a variance, but he felt we do need an ordinance.  Gary Golden, Dale Rd., asked if there can be guidelines to current policy without putting in effect a new policy.  George Miceli, 98 Butternut, wants to see this go forward.  We cannot come up with a perfect ordinance.   May Boardman stated the ordinance was looked at after she requested a street light and was denied.  She said the Planning Commission has put a lot of work in developing this ordinance and the ordinance is needed.  C.A. Ridge, 98 Dairy Pond Rd., stated this ordinance is not what we need.  He stated if this ordinance is adopted we have an ordinance that is already out of date.  He said we are going backward if we enact this ordinance.   The ordinance will be moved to the March agenda and will be amended to add the removal of streetlights, and add churches and schools.

7.      City Manager Hester reported a settlement agreement had been received pertaining to the annexation challenge pertaining to Ordinance 555 and 556.  John Alvis has already signed the agreement and a copy has been sent to each council member for their review.  The properties would come into the city 30 days after the passage of the agreement.  City Manager Hester recommended the Council accept the settlement.  This is a positive move forward with the Alvis' and shows the City is willing to work and compromise when we can.  Motion was made by Council Member Black to accept the settlement agreement pertaining to Annexation Ordinance 555 and 556.  Motion was seconded by Council Member Painter.  Motion carried by voice vote.

8.      Motion was made by Council Member Grieve to adjourn.  Motion was seconded by Vice Mayor Black.  Motion carried by voice vote at9:05p.m.
























TO:                  Norris City Council                                      

DATE:             February 11, 2013

FROM:            Tim Hester                                                           

RE:                  City Manager's Report



  1. 2012-13 Year to Date (Estimated through January) Budget.   Revenues are tracking to budget:
  • ~97.4% of property tax collected
  • 59% of estimated Local/State sales tax, beer, and wholesale liquor tax collected, which is slightly ahead of budget

Expenditures are on track to budget, with 64% of budgeted expenses paid through the end of December.


  1. Grant Updates.    
    1. Archives Grant.  An application has been submitted to the State.  This grant would fund the purchase of metal shelving and supplies for the Archives located in the museum section of the McNeeley Building.


  1. New Public Works Vehicle.   A 2013 Chevy Silverado 2500HD Regular Cab 4WD truck has been delivered.   The vehicle is in service, and all of Public Works is appreciative of the addition to the City fleet.


  1. Vehicle Repairs.   The Public Safety Ford Explorer had to have a new rear axle at a cost of approximately $500.   This is the same vehicle that we have installed a new transmission and engine in the past 2 years, and is now past due for replacement.  It is on the Capital plan to replace next year.   Also, the Public Works dump truck had to have the clutch master cylinder replaced.  Please note that this is the 6th repair to this vehicle's clutch system in the last 5 years; cost of repairs have totaled over $2,500.


  1. New Public Safety Officer.   I am pleased to welcome Greg Roberts to the position of Norris Public Safety Officer.   Greg previously worked for TVA as a police officer, with experience throughout the TVA region in patrol and supervisory roles, including here in Norris.  This fills the position opening created by Lt. Wood's retirement last December. 


  1. Annexation Updates.    Annexation Ordinance 545 has been dismissed, but the plaintiff has filed a motion for the court to reconsider.  


Annexation Ordinances 555 & 556 have been challenged.  Discussions are ongoing between the City Attorney and Attorney for the Plaintiff regarding possible settlement.   City Council will be presented with a proposed agreement when available.