GRAY TERMINATED BY SOUTH FULTON COMMISSION; UTILITY BILLING CONCERNS VOICED BY CITIZENS

March 22, 2019

With Interim South Fulton City Manager Johnny Bacon, Jr. scheduled to report for work at the South Fulton Municipal Complex March 25, Mayor David Lamb, Commissioners Billy Williams, Beatrice Wilcox, Tommy Pruett and Terry Taylor unanimously voted to terminate James Gray, during regular commission session March 21.

Gray, who previously served as Hickman's City Manager, and is an Obion County Commissioner, was hired by the South Fulton commission Jan. 15 and began his role at South Fulton City Manager Feb. 11. He was arrested by Union City, Tenn. Police Department officers Feb. 25, and charged with two counts of criminal simulation, felony charges, stemming from attempts by Gray to pass counterfeit $100 bills at two Union City businesses. He was arraigned Feb. 26, and a preliminary hearing set for March 12 in Obion County General Sessions court. Gray was suspended with pay Feb. 28 by the city officials, and his hearing in court was postponed until March 28.

Mayor Lamb read excerpts from the city's charter, which designates the City Manager serves "at the will of the board" for 12 months, however should circumstances arise resulting in "malfeasance" or "neglect of duties" among other issues, and the commission chooses to terminate the city manager before the 12 month period, the city manager will be given the opportunity for a public hearing regarding the reasons for the termination.

With a roll call vote, all members of the South Fulton Commission approved the termination of Gray, as well as the authorization of Mayor Lamb to notify Gray of the termination, and offer him the opportunity to request a public hearing within the next 15 days, by April 5.

Interim City Manager Johnny Bacon was present for the meeting, and following his introduction by Mayor Lamb, Bacon expressed his appreciation to the Mayor and Commissioners and assured citizens he would "address all comments and concerns", stating "your interest is my interest."

During the portion of the night's agenda designated for comments, concerns and suggestions from citizens, Lynn Napier asked why it was necessary to pay two city managers, referencing Gray and Bacon. She also asked why meters are not being read consistently each month; why, in the event a bill was not received for one month service, why would the garbage pick-up fee and ambulance fee not be doubled when the next bill is received; and why recent bills have been received late, within a day or two of the cutoff date.

City Attorney Kirk Moore affirmed that due to the circumstances surrounding the termination of Gray, he should continue to receive pay through the deadline for his ability to request a public hearing and Bacon will begin his duties and be on the payroll as of March 25.

Regarding the issues with the meter reading, Mayor Lamb questioned City Recorder Jackie Potter as to whether the meters were read, or the delay was the result of a software changeover. Potter said the meters did get read, however it appeared the software changeover could have experienced a glitch, resulting in the delay. Information is entered into the system by city hall personnel, however bills are forwarded from an off site company.

Jay Faulkner asked the officials if there was any update regarding "lost evidence" in the South Fulton Police Department, and if the evidence had been found. Mayor Lamb replied that the investigation had been "turned over" to the Tennessee Bureau of Investigation and to his knowledge, the evidence had not yet been found.

Kathye Stem questioned whether anyone had been consulted regarding the computer "glitch" with the software, as in someone who works with computers. She shared with the commission that she was speaking on behalf of another South Fulton citizen, who questioned why she was charged $22 for a 15 day billing cycle and $23 for a 35 day cycle, for water, as well as a small difference in sewer charges for the same billing cycle periods.

Potter told Stem that regarding the software, city hall staff had made sure to watch the transfer of data from one software program to the other this period, and that no issues had been found. She also said there is a minimum charge for water/sewer usage, regardless of the number of days of occupancy at a residence.

Stem voiced her concerns regarding the building which had previously been purchased with the SFPD drug fund money, and is not is use at this time, as to why it could not be considered for a city dog pound. Mayor Lamb told her he would provide her with information about the matter following the meeting.

Cecil Choate addressed the Mayor and Commissioners regarding his failure to receive a bill for city utilities and when he questioned city hall staff, he was told the meters in his subdivision, Pamela Circle, had not been read. He also expressed his concerns about the west exit onto Connell Road, with gutters "stopped up" to the point water covers the street and appears to potentially destroy the asphalt. He said the areas had been patched, however with the heavy traffic from 18-wheelers, cargo, tankers and farm equipment, the road needs resurfacing. He indicated his intent to prepare a petition regarding the need for the resurfacing and suggested "let us take our tax dollars and do something about it."

Carol Nolan spoke to the commission about the problems she has encountered with receiving her utility bills from the city. She stated she did not receive a bill in January and called city hall, with some one there telling her to pay what she had paid in December. She said she did that, $119, and then when she did receive a bill in February it was for $400. She questioned why her bill would have been more at that time as the weather conditions were much milder during that period of time, as compared to the previous months when the bill was less, and that she used gas for heat, as well as for cooking and her water heater. Nolan said she has considered digging a well, putting in a propane tank for gas use, and dropping the city's water, gas, as well as garbage pickup and ambulance service fee as her insurance pays for an ambulance.

She questioned why the city was outsourcing their mailing of bills and whether consideration could be given to have the city staff once again prepare and mail the bills.

Nolan asked whether a background check had been performed on James Gray prior to his hiring as city manager and asked whether any of the officials had been aware at the time of hiring him that he had been arrested before the most recent charge.

Mayor Lamb told Nolan that a background check had been conducted on Gray and no criminal record, nor warrant had been found, only traffic violations, prior to him being hired.

The Mayor and Commissioners agreed with the citizens' concerns regarding allegations of failure to read meters consistently, as well as delays in billing and missed bills, with Commissioner Taylor stating he would like to see consideration given to having city staff return to the task of billing. Commissioner Williams suggested for future city commission meetings a representative from each city department be present to assist in answering concerns regarding specific city departments as no one from the gas department was present for the night's meeting. Mayor Lamb assured the citizens that Bacon would look into each of the concerns.

Potter also added that when the city began to outsource the billing process, it was when the post office had no longer accepted the "post card" style bills, and what would be required was larger sheets of paper, in envelopes for billing. She said had the city continued to perform the task of billing and mailing, a great amount of time and staff hours would be required to produce, fold and stuff envelopes, some 2,000 or more each month. That is when the outsourcing began, she said, and it appeared to be economically more feasible to have the other company do the billing.

South Fulton Police Captain Rusty Singleton asked the commission to consider the purchase of some means of communication between city departments, such as fire, police and public works, to use during a disaster when phone service is not available, such as a tornado, extreme flooding or an earthquake. He also requested the possibility of the city formulating a disaster plan. The officials asked Singleton to research the cost of communication devices and return that information to the commission.

Matt Thompson with Thompson and Thompson Contractors of Jackson, Tenn., updated the commission on the College Street bridge project over Harris Fork Creek, providing an estimate of $7,000 to remedy a problem with an old sewer line which runs across the creek. He said it was in bad condition and was in a temporary position at this time, to allow for the continued operation of the line. He proposed permanent galvanized steel support for the pipe and told the commission that his company had the equipment on site to be able to perform the work, however city public works employees would be needed to over see the turn key project to relocate the pipe.

Thompson was given permission to present the proposal to the engineer and return to the commission with the confirmed estimate to perform the work.

Lance Smith and Cody Reagan with VMS reported the city's effluent pumps have not shut off since November. Smith said the pumps are 30 years old, and that bearings and sleeves have already been replaced, the with the pumps now running 24 hours a day, they are unable to be salvaged. Smith and Reagan said they would work within the confines of the city's budget and that the last one Smith had purchased was approximately $21,000.

Three donations were approved by the officials, including $300 to assist with funding the South Fulton High School Academic Top 10 Banquet; $1,500 to the Twin Cities Youth T-Ball, Baseball and Softball league program; and $1,000 to Humane Way, a program coordinated by Brenda Phillips to assist with the care of stray/homeless animals.

Brandon Holland and Jeff Campbell asked to address the commission, regarding Holland's request for a beer permit, to enable a beer garden to be set up during the upcoming "Party on the Line" Country Music event set for the first weekend in May on South Fulton's Unity Park stage. Holland said he understood according to the Unity Park rules, alcohol is prohibited in the park, but he asked if that prohibition could be reconsidered for the event, and that beer sales would be conducted and alcohol consumed in a designated area separated from the public. Campbell requested the officials give consideration to the tourism factor the festival could enhance bringing visitors to the area and to consider being "progressive" by allowing the beer permit to be issued for the event.

No action was taken by the commission.

The next regular session of the commission is April 18 at 5 p.m.