Cumberland County Commission Meeting s1

QUARTERLY CUMBERLAND COUNTY COMMISSION MEETING MINUTES

APRIL 18, 2011

6:00 P.M.

Be it remembered that the Cumberland County Commission met in quarterly monthly session on

Monday, April 18, 2011 at the Cumberland County Courthouse. The Cumberland County Commission Meeting was called to order by Deputy Sheriff David Patterson. Commission Chairman, County Mayor Kenneth Carey called upon Minister Willard Dale to give the Invocation and a Young Marine led the Pledge of Allegiance to the Flag of the United States of America.

Also present at the meeting were County Clerk Jule Bryson, County Attorney Randal Boston, and the following County Commissioners:

Brian Houston Harry Sabine Nancy Hyder Robert Safdie (absent) David Hassler Johnny Presley Allen Foster Charles Seiber Joe Koester Jan McNeil Larry Allen Terry Carter Mike Harvel Roy Turner Jeff Brown Sonya Rimmer Clyde Cramer Carmin Lynch A quorum being present, the Cumberland County Commission Meeting was opened in due form of law and the following proceedings were had to wit:

1. MINUTES OF MARCH 21, 2011 MONTHLY CUMBERLAND COUNTY COMMISSION MEETING:

On motion of Commissioner Cramer, second by Commissioner Carter, moved the minutes of the March 21, 2011 Monthly Cumberland County Commission Meeting be approved, treat same as read, made a matter of record, and filed.

The motion to approve the minutes of the March 21, 2011 Commission Meeting carried by a roll call vote of 17 ayes from the Commission present.

2. RESOLUTION 04-2011-1- BUDGET AMENDMENT, GENERAL CAPITAL PROJECTS FUND, $475,000.00 (CAPITAL PROJECT-HEALTH DEPARTMENT):

On motion of Commissioner Lynch, second by Commissioner Harvel, moved to adopt resolution 04-2011-1.

The motion to adopt resolution 04-2011-1, a budget amendment resolution, carried by a roll call vote of 17 ayes from the Commission present.

3. RESOLUTION 04-2011-2-AUTHORIZING THE ISSUANCE, SALE, AND PAYMENT OF INTEREST- BEARING HEALTH DEPARTMENT LAND ACQUISITION CAPITAL OUTLAY NOTES NOT TO EXCEED $475,000.00 (THREE-YEAR CAPITAL OUTLAY NOTES):

On motion of Commissioner Cramer, second by Commissioner Carter, moved to adopt resolution 04-2011-2.

The motion to adopt resolution 04-2011-2, authorizing the issuance of Health Department Land Acquisition Capital Outlay Notes, Series 2011 in a principal amount not to exceed four hundred seventy five thousand dollars ($475,000.00), carried by a roll call vote of 17 ayes from the Commission present.

4. RESOLUTION 04-2011-3-BUDGET AMENDMENT, GENERAL FUND AND HIGHWAY FUND (COMPENSATION FOR OFFICIALS RETROACTIVE TO APRIL 1, 2010):

On motion of Commissioner Harvel, second by Commissioner Hassler, moved to adopt resolution 04-2011-3.

5. RESOLUTION 04-2011-4-AUTHORIZING THE ISSUANCE, SALE, AND PAYMENT OF LANDFILL CONSTRUCTION CAPITAL OUTLAY NOTES NOT TO EXCEED $1,830,095.00 (THREE-YEAR CAPITAL OUTLAY NOTES):

On motion of Commissioner Hassler, second by Commissioner Lynch, moved to adopt resolution 04-2011-4.

The motion to adopt resolution 04-2011-4, authorizing the issuance of Landfill Construction Capital Outlay Notes, Series 2011 in a principal amount not to exceed one million eight hundred thirty thousand ninety five dollars ($1,830,095.00), carried by a roll call vote of 17 ayes from the Commission present.

6. RESOLUTION 04-2011-5-BUDGET AMENDMENT, FUND 128-RAILROAD AUTHORITY, $496,998.00 (OTHER SPECIAL REVENUE FUND):

On motion of Commissioner Carter, second by Commissioner Hyder, moved to adopt resolution 04-2011-5.

7. RESOLUTION 04-2011-6-BUDGET AMENDMENT, GENERAL FUND, $10,100.00 (LOCAL HEALTH CENTER):

On motion of Commissioner Harvel, second by Commissioner Turner, moved to adopt resolution 04-2011-6.

8. RESOLUTION 04-2011-7-BUDGET AMENDMENT, HIGHWAY DEPARTMENT, $3,994.00 (OPERATION AND MAINTENANCE OF EQUIPMENT):

On motion of Commissioner Harvel, second by Commissioner Seiber, moved to adopt resolution 04-2011-7.

9. RESOLUTION 04-2011-8-BUDGET AMENDMENT, GENERAL FUND, $17,224.00 (SHERIFF’S DEPARTMENT-JAIL/JUVENILE SERVICES):

On motion of Commissioner Hyder, second by Commissioner Houston, moved to adopt resolution 04-2011-8.

10. RESOLUTION 04-2011-9-TO APPOINT T. J. BOWLIN AS JUDICIAL COMMISSIONER FOR CUMBERLAND COUNTY, TENNESSEE, FOR A FOUR YEAR TERM BEGINNING APRIL 18, 2011 AND ENDING APRIL 18, 2015:

On motion of Commissioner Seiber, second by Commissioner Presley, moved to adopt resolution 04-2011-9.

The motion to adopt resolution 04-2011-9, appointing T. J. Bowlin to serve as a Cumberland County Judicial Commissioner, carried by a roll call vote of 17 ayes from the Commission present.

11. RESOLUTION 04-2011-10-TO INCREASE THE SIZE OF THE CUMBERLAND COUNTY BEER BOARD:

On motion of Commissioner Sabine, second by Commissioner Cramer, moved to adopt resolution 04-2011-10.

The motion to adopt resolution 04-2011-10, increasing the size of the Beer Board from three members to five members with terms to expire August 2012, carried by a roll call vote of 17 ayes from the Commission present.

12. RESOLUTION 04-2011-11-TO APPOINT JOHNNY PRESLEY AND JAN MCNEIL TO FILL THE VACANCIES ON THE CUMBERLAND COUNTY BEER BOARD FOR TERMS TO EXPIRE AUGUST 31, 2012:

On motion of Commissioner Seiber, second by Commissioner Turner, moved to adopt resolution 04-2011-11.

The motion to adopt resolution 04-2011-11, appointing Johnny Presley and Jan McNeil to the Beer Board for terms to expire August 2012, carried by a roll call vote of 15 ayes from the Commission with Commissioners Presley and McNeil abstaining from the vote and Commissioner Safdie absent.

13. RESOLUTION 04-2011-12-TO CREATE A DEBT MANAGEMENT COMMITTEE:

On motion of Commissioner Hassler, second by Commissioner Presley, moved to adopt resolution 04-2011-12.

The motion to adopt resolution 04-2011-12, creating a Debt Management Committee as a Commission Standing Committee, carried by a roll call vote of 17 ayes from the Commission present.

14. RESOLUTION 04-2011-13-TO CREATE AN AUDIT COMMITTEE FOR CUMBERLAND COUNTY: On motion of Commissioner Sabine, second by Commissioner Lynch, moved to defer consideration of resolution 04-2011-13 until the next Commission Meeting allowing the Tennessee Comptroller of the Treasury opportunity to review and approve the creation of an Audit Committee for Cumberland County prior to endorsement by the Board of Commissioners.

The motion to reschedule resolution 04-2011-13, creating an Audit Committee, until the May 2011 Commission Meeting carried by a roll call vote of 17 ayes from the Commission present.

15. RESOLUTION 04-2011-14-TO URGE THE GENERAL ASSEMBLY TO AMEND PRIVATE ACTS OF 1979, CHAPTER 145, TO AUTHORIZE CUMBERLAND COUNTY TO RAISE THE HOTEL/MOTEL TAX RATE TO A MAXIMUM OF 7.5%:

On motion of Commissioner Presley, second by Commissioner Cramer, moved to adopt resolution 04-2011-14.

The motion to adopt resolution 04-2011-14, urging the General Assembly of the State of Tennessee to amend Private Acts 1979, Chapter 145 that would authorize the County to increase its privilege tax rate from five percent (5%) to seven and one-half percent (7.5%) on the occupancy of hotels, motels, cabins, and other furnished temporary accommodations, carried by a roll call vote of 17 ayes from the Commission present.

16. RESOLUTION 04-2011-15-TO APPROVE A GOVERNMENTAL E-MAIL SYSTEM:

On motion of Commissioner Rimmer, second by Commissioner Hyder, moved to adopt resolution 04-2011-15.

The motion to adopt resolution 04-2011-15, to create e-mail addresses and contact information for the Board of Commissioners to be utilized for government communications, carried by a roll call vote of 17 ayes from the Commission.

17. RESOLUTION 04-2011-16-AGREEMENT BETWEEN CUMBERLAND COUNTY, TENNESSEE AND ALL ABOUT RESCUE AND FIXIN’, INC.:

On motion of Commissioner Presley, second by Commissioner Rimmer, moved to adopt resolution 04-2011-16.

The motion to adopt resolution 04-2011-16, approving an agreement between Cumberland County and the All About Rescue and Fixin’, Inc., carried by a roll call vote of 17 ayes from the Commission present.

18. TRUSTEE’S QUARTERLY TAX REPORT, KIM WYATT:

On motion of Commissioner Lynch, second by Commissioner Sabine, moved to acknowledge that Commission Members had received the Quarterly Tax Report from Kim Wyatt, Trustee.

The motion acknowledging receiving the Trustee’s Quarterly Tax Report carried by a roll call vote of 17 ayes from Commission present.

COUNTY ATTORNEY REPORT:

County Attorney Boston noted that two federal lawsuits against the county had been dismissed however one new claim had just been filed and also that the Supreme Court in Nashville, Tennessee would hear the Smith Mountain Solutions, LLC court case starting the first week of June 2011.

DELINQUENT TAX COMMITTEE REPORT: Chairperson Nancy Hyder stated that at an organizational meeting held earlier in the evening the Delinquent Tax Committee did sell one piece of property with approximately 300 more parcels of property left to be sold by that committee.

BUDGET COMMITTEE REPORT:

Chairman Carmin Lynch, informed Commissioners that the Budget Committee had accepted the recommendations of the Building and Grounds Committee to begin renovations this June to the large courthouse courtroom with financing for the project to come from the Emergency Capital Funds in the General Fund Budget. Chairman Lynch also spoke to the issue of the depleted fuel budget and this year’s higher delinquency rate for property taxes collections as opposed to last year’s totals.

ANNOUNCEMENTS:

Cumberland County Finance Director, Nathan Brock advised Commissioners that since there was an issue with property tax collections some budget expenditures, specifically fuel consumption and utilities cost, were being monitored by the Budget Committee.

Commissioner Jeff Brown announced that he had attended a productive meeting with Cumberland Medical Centers Chief Executive Officer, Dr. Barry Wagner about the hospital’s future in Cumberland County and that Dr. Wagner had requested an opportunity to make a presentation to the full Commission at their next meeting.

19. NOTARIES:

On motion of Commissioner Carter, second by Commissioner Seiber, moved that Brenda Sue Beaty, Michael Briggs, Robert M. Connors, Tabitha Creason, Wendy S. Davis, Sharon DeBruyn, Lindsey Doris, Reba England, Marsha Ann Gates, Sandra Gilbert, Melanie D. Looper, Carolyn Fay Meadows, Paul R. Miller, Charity E. Parham, Harry D. Sabine, Harold Thompson, Rebecca Lynn Wheeler, and Pam Winningham are elected as Notary Publics for the State of Tennessee.

The motion to approve the notaries carried by a roll call vote of 16 ayes from the Commission present with Commissioner Sabine abstaining from the vote.

20. ADJOURNMENT:

On motion of Commissioner Carter, second by Commissioner Seiber, moved the April 18, 2011 Quarterly Commission Meeting be adjourned at 6:35 o’clock P.M.

The motion to adjourn the Commission Meeting carried by voice vote from the Commission present.

MINUTES APPROVED FOR ENTRY THIS 16TH DAY OF MAY 2011.

______Kenneth Carey, Jr., County Mayor Chairman Cumberland County Commission

______Jule Bryson, Cumberland County Clerk