Inquiries from a County Commissioner about the fieldhouse for the high school’s baseball program has social media busy this week. An anonymous complaint to the federal government on compliance issues could bring costs to the project.
Director of Schools William F. Curtis has responded to the inquiry and made a copy available to all Commissioners (and the public). The release is below:
April 25th, 2019
Cannon County Commissioners,
Commissioner Jeanine Floyd recently (Monday, April 22nd, 2019) sent me a list of questions concerning the CCHS Baseball Facility. I believe that each Commissioner would be interested in our answers to these questions.
Thank you for your recent set of questions. I would like to apologize for the delay, as I wanted to be very specific with researched answers, and our Budget Director was out of the office for a meeting yesterday. I will be glad to furnish you specifics as it relates to the CCHS Baseball Facility project.
Format –
Questions:
RESPONSE:
“These plans are very hard to read. Do have anything more specific?”
RESPONSE: This is what the architect completed for us. This can be downloaded and then zoom in for closer inspection.
“Also, do the locker rooms have showers or bathrooms? Why is there just one locker room? I thought this would host traveling teams as well.”
RESPONSE: Restrooms are included in the plans, however showers are not part of this plan. Athletes most always shower at home after the games, which is not just Baseball, but includes all sports, with the exception of Football. Visiting Baseball Teams are usually dressed upon arrival, however, restrooms and additional locker rooms and restroom facilities are available at the Cannon County Community Center as suggested by the County Commissioners at a previous meeting. CCHS Baseball Coach Colin Jones has been provided a key for this purpose. As a High School Baseball Parent and former broadcaster of 4 years, I know of NO facility in the Upper Cumberland Region that allows use of their practice facility by any visiting teams.
“Don’t you have more specific plans? These plans do not look complete as there are no specifications for height, width, wall size, measurements of doors, electrical and elevations.”
RESPONSE: This is what the architect completed for the CCHS Baseball Facility and was used by Mr. Russell Davenport of DavCo Construction Company during the construction of the facility. Please contact Mr. Davenport at for additional specifications. A Certificate of Elevation was required by the Town of Woodbury Planning Commission and was generously provided as a donation to the project by Mr. Michael C. Roberts, RLC of Robert Land Surveying of Woodbury, Tennessee. A copy of this Certificate of Elevation is attached to this letter.
“Are girls going to be able to use this? Are you favoring boys sports over girls sports?”
Response: Procedures are currently being discussed and analyzed by CCHS Athletic Director Matt Cagle and CCHS Baseball Coach Colin Jones to permit use of the facility by CCHS Softball and Cannon County Middle School Softball Teams, as well as, the Cannon County Middle School Baseball Team when the facility is available. Additionally, the Cannon County Schools Veterans Gym will now be available MORE to all the above teams (CCHS Softball, CCMS Softball, CCMS Baseball) since CCHS Baseball has an indoor facility. There is NO “favoring” ANY Team over another one.
“How much money is being spent?”
RESPONSE: CCHS Baseball Account is running all expenditures through their account at CCHS. The expected expenditure for this project after everything is completed is estimated at approximately $48,000.00. All of which was donated by the donors, Citizens of Cannon County, and fundraising efforts by the CCHS Baseball Program.
“Have you gone over your $20K allotted for architects this year? Are there encumbrances on that line item.”
RESPONSE: The architect fee for the CCHS Baseball Facility was $0.00. The architect service drawing was donated by the Town of Woodbury through the city architect as their contribution to the project. As to the Budget Line Item 76100-304 (Architect’s Fees) it has NOT gone over the Budgeted Amount of $20,000.00. The current amount is $18,747.45. There are NO encumbrances on that line item.
“Has the Fire Marshall approve these plans?”
RESPONSE: The Tennessee State Building Inspector for this region has inspected the footer, slab, and roughed in plumbing, which all passed his inspection. He is in the process of inspecting the framing and the electrical wiring. The Tennessee State Fire Marshall for this region, Jennifer Harmon, was contacted and sent the architectural drawings. She stated that one pull station is required at any exit, approved fire extinguishers be placed in the Locker Room and Practice Area, and that Exit Signs with Emergency Lighting be installed.
“Are wood or steel 2×4’s used? Will there be heating and air in this building? How are these plans showing that this facility is ADA compliant?”
RESPONSE: Wood 2X6’s were used on the outer stud walls and Wood 2X4’s used on interior walls, as well as, engineered stamped trusses. Arrangements are currently being made for air conditioning and heating for this facility. Architect has reviewed these plans for ADA Compliance, all doors are 3 feet wide, and the bathroom plans are drawn out as handicap accessible. Mr. Russell Davenport of DavCo Construction is a licensed contractor and is knowledgeable via his training and construction experience on ADA Compliance.
“Did you use any county money to fund this building project?”
RESPONSE: The Cannon County Board of Education voted previously to fund $14,400.00 to pay for the Concrete on the facility from Capital Outlay Account # 76100. There was a slight overage on the concrete of $791.00 that the School System also paid on the project from this account.
I received an email on Tuesday, April 23rd, 2019 from the US Department of Justice, Assistant District Attorney Kara F. Sweet for the Middle District of Tennessee regarding an ADA complaint that was received by their office. I am attaching a copy of this letter addressed to me. Here are the first two paragraphs regarding the complaint:
April 23, 2019
Mr. William F. Curtis
Director of Schools
Cannon County School District
301 West Main Street
Woodbury, TN 37190
WilliamF.Curtis@ccstn.net
VIA EMAIL
Re: Americans with Disabilities Act Investigation – DJ# 204-71-76
Dear Director Curtis:
The U.S. Department of Justice (the “Department”) is investigating a complaint that the Cannon County School District is in the process of constructing a sports facility on county-owned property located at 10 Park Circle, Woodbury, Tennessee (the “Facility”), which is not in compliance with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12134 (the “ADA”), and/or the Department’s implementing regulation, 28 C.F.R. Part 35. Pursuant to the ADA, the Department is authorized to investigate alleged violations of Title II. 28 C.F.R. § 35.172. We also are authorized to take appropriate action, including filing suit in federal court to compel the enforcement of Title II of the ADA if voluntary compliance is not achieved, as well as to seek injunctive relief and monetary damages as appropriate. See 28 C.F.R. § 35.174.
The complaint alleges that the Facility does not comply with ADA accessibility requirements, including as to ramps, restrooms, locker rooms, parking, braille indicators and other accommodations that are required by the ADA. See 28 C.F.R. §§ 35.151; 2010 ADA Standards for Accessible Design. We understand that the Facility is intended to be used by the Cannon County High School’s baseball team, as well as for other events.
The complete copy of the letter including the10 points that the Cannon County Board of Education will reply to is attached. I contacted the Cannon County Board of Education’s Legal Counsel, Mr. Michael R. Jennings of Jennings Law in Lebanon, TN on Tuesday evening, April 23rd, 2019 to address our response to the Department of Justice – Middle TN District regarding this ADA Compliance issue. Also, please see the attachment received with the email of ADA Update: A Primer for State and Local Governments. This booklet could be utilized as a resource for each Commissioner and specifically the ADA Committee.
I appreciate the opportunity to answer your questions. The Cannon County High School Baseball Team Boosters will be conducting a fundraiser on Friday, April 26th, 2019 at the front entrance of the Cannon County Courthouse from 11:00 AM – 2:30 PM featuring a Taco Salad lunch, drink, and cookie for $7.00. Please come out and support these student athletes!
As the Chief Executive Officer employed by the Cannon County Board of Education, my role is to serve as the spokesman for the School System and Board, and to promote our schools’ MISSION – “Preparing All Students for Their Future” through our VISION – “The New E3 – Engaged in Excellence Every Day.” I am doing just that, and asking for your support of those citizens that are in our schools, which you were elected to represent. Working together we can make a difference in the lives of EVERY student in Cannon County Schools, and have the best possible school system for generations to come.
Sincerely,
William F. Curtis, Director
Cannon County Schools
Xc: Cannon County Commissioners; Cannon County Executive Brent Bush; Cannon County Board of Education; Local Cannon County Media; Michael R. Jennings – Attorney at Law.
