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Page Number 164 McMinn County Commission Minutes - Regular Session May 15,2006 1. CALL TO ORDER The meeting was called to order by Chairman David Crews. 2. INVOCATION The Invocation was given by Commissioner Owen Vincent. 3. PLEDGE TO THE FLAG The Pledge to the Flag was led by Commissioner Jeannie King. 4. ROLL CALL Roll Call was taken by County Clerk Evonne Jones, as recorded: Scott Curtis - Present Dale Holbrook - Present Jeannie King - Present Roger Masingale - Present Gary Mason - Present J. W. McPhail - Present Bob Powers - Present Jack Powers - Present Owen Vincent - Present Chairman David Crews - Present 5. APPROVAL OF MINUTES Copies of the Minutes of the Regular Session on April 17, 2006 were provided to the Commissioners. MOTION made by Commissioner Vincent, and seconded by Commissioner Bob Powers, to approve the minutes of the Regular Session on April 17,2006. Motion carried by voice vote. 6. APPROVAL OF BIDS AND PURCHASES A. A Resolution to Reiect the Bid for Nomex Coveralls for EMA. Mr. Luallen presented the following resolution to reject the bid for Nomex Coveralls for the Emergency Management Agency, as well as the bid summary sheet from Betty Hamby, EMA Director. RESOLUTION NO. 06-054 A RESOLUTION TO REJECT THE BID FOR NOMEX COVERALLS FOR EMA WHEREAS, in order to properly perform the essential operations of county government, goods and services must often be let for bid; and WHEREAS, Betty Hamby of the EMA requests the purchase of Nomex Coveralls to be used by the Emergency Management Agency; and (Cont'd)
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Page 1: Page Number 164 McMinn County Commission Minutes - Regular ...mcminnco.net/county/minutes/cc05_06.pdf · Page Number 164 McMinn County Commission Minutes - Regular Session May 15,2006

Page Number 164McMinn County CommissionMinutes - Regular SessionMay 15,2006

1. CALL TO ORDER

The meeting was called to order by Chairman David Crews.

2. INVOCATION

The Invocation was given by Commissioner Owen Vincent.

3. PLEDGE TO THE FLAG

The Pledge to the Flag was led by Commissioner Jeannie King.

4. ROLL CALL

Roll Call was taken by County Clerk Evonne Jones, as recorded:

Scott Curtis - PresentDale Holbrook - Present

Jeannie King - PresentRoger Masingale - PresentGary Mason - PresentJ. W. McPhail - PresentBob Powers - PresentJack Powers - PresentOwen Vincent - PresentChairman David Crews - Present

5. APPROVAL OF MINUTES

Copies of the Minutes of the Regular Session on April 17, 2006 were provided to the Commissioners.

MOTION made by Commissioner Vincent, and seconded by Commissioner Bob Powers, to approve theminutes of the Regular Session on April 17,2006.

Motion carried by voice vote.

6. APPROVAL OF BIDS AND PURCHASES

A. A Resolution to Reiect the Bid for Nomex Coveralls for EMA.

Mr. Luallen presented the following resolution to reject the bid for Nomex Coveralls for the EmergencyManagement Agency, as well as the bid summary sheet from Betty Hamby, EMA Director.

RESOLUTION NO. 06-054

A RESOLUTION TO REJECT THE BID FOR NOMEX COVERALLS FOR EMA

WHEREAS, in order to properly perform the essential operations of county government, goods and services mustoften be let for bid; and

WHEREAS, Betty Hamby of the EMA requests the purchase of Nomex Coveralls to be used by the EmergencyManagement Agency; and

(Cont'd)

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Page Number 165McMinn County CommissionMinutes - Regular SessionMay 15,2006

Resolution No. 06-054 (Cont'd)

WHEREAS, McMinn County has followed the proper procedures in securing the bids; and

WHEREAS, Betty Hamby Director of EMA and Shane Jenkins, Chief McMinn County Hazardous MaterialsTeam after reviewing said bid, has recommended to reject the bid of Southeast Fire Equipment Company.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY,TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY, 2006, that this Commission doeshereby approve the recommendation of the EMA Director and the Chief of McMinn County Hazardous Material Team toreject the above bid.

(Orig si!:!nedbv John M. Gentry)McMinn County Mayor

Attest:

(Orig signed bv Evonne Jones)County Clerk

MOTION made by Commissioner Vincent, and seconded by Commissioner Masingale, to approve thisresolution.

In response to a question from Commissioner Masingale, Mr. Gentry explained that there was amisinterpretation on the bid items with the only vendor who submitted a bid and it was felt that it would be bestto re-bid.

Motion carried by voice vote.

B. A Resolution to Approve and Award Semi-Annual Requirements Bid for Paper-Plastic Products.

Mr. Luallen presented the following resolution to approve and award semi-annual requirements bid forpaper-plastics products, along with the bid summary sheet as well as letters of recommendation from theCourthouse Maintenance Supervisor and Sheriff Steve Frisbie recommending low bidder for each item thatmeets specifications and delivery requirements.

RESOLUTION NO. 06-055

A RESOLUTION TO APPROVE AND AWARD SEMI-ANNUALREQUIREMENTS BID FOR PAPER-PLASTICS PRODUCTS

WHEREAS, in order to properly perform the essential operations of county government, goods and services mustoften be let for bid; and

WHEREAS, the Courthouse Maintenance Department and Sheriffs Department requests the purchase of Paperand Plastic Products from July 1, 2006 to December 31, 2006, to properly carry out the functions of the department; and

WHEREAS, McMinn County has followed the proper procedures in securing the bids; and

WHEREAS, Benny Bivens, Courthouse Maintenance Supervisor and Steve Frisbie, Sheriff recommends the bidbe awarded to the vendors with lowest bid price meeting specifications and delivery requirements.

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Page Number 166McMinn County CommissionMinutes - Regular SessionMay 15,2006

Resolution No. 06-055 (Cont'd)

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY,TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY 2006, that this Commission doeshereby approve the recommendation of the Sheriff and Maintenance Supervisor.

(Orig signed by John M. Gentry)McMinn County Mayor

Attest:

(Orig signed by Evonne Jones)County Clerk

MOTION made by Commissioner Bob Powers, and seconded by Commissioner Jack Powers, to

approve this resolution.

Motion carried by voice vote.

C. A Resolution to Approve and Award Annual Janitorial Products Bid.

Mr. Luallen presented the following resolution to approve and award annual janitorial products bid,along with the bid summary sheet and letters of recommendation from the Courthouse Maintenance Supervisorand the Sheriff.

RESOLUTION NO. 06-056

A RESOLUTION TO APPROVE AND AWARD ANNUAL JANITORIAL PRODUCTS BID

WHEREAS, in order to properly perform the essential operations of county government, goods and services mustoften be let for bid; and

WHEREAS, McMinn County has requested the purchase of Janitorial Products from July 1, 2006 throughJune 30, 2007, to properly carry out the functions of the department; and

WHEREAS, McMinn County has followed the proper procedures in securing the bids; and

WHEREAS, Benny Bivens, Courthouse Maintenance Supervisor, and Sheriff Steve Frisbie, recommend the bidbe awarded to the low bidder in each category meeting specifications and delivery requirements.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF McMINN COUNTY,TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY, 2006, that this Commission doeshereby approve the recommendation of the maintenance supervisor and the chief deputy concerning the janitorial bid.

(Orig signed by John M. Gentry)McMinn County Mayor

Attest:

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r

Page Number 167McMinn County CommissionMinutes - Regular SessionMay 15,2006

MOTION made by Commissioner Mason, and seconded by Commissioner Masingale, to approve thisresolution.

In response to a question from Commissioner McPhail regarding price guarantees, Mr. Luallenexplained that if a vendor raises their prices during the bid period, they withdraw themselves from that bid andare subject to disqualification by the Financial Management Committee. Mr. Luallen explained a recentexample, and in response to another question from Commissioner McPhail, Mr. Luallen said that thespecifications contain the statement not to submit a bid if prices are not guaranteed for the entire bid period.The vendor awarded most items in the bid did not guarantee prices for the entire period. They were not given asecond chance to bid items, but informed they would not be considered if prices weren't guaranteed. Therefore,they guaranteed their prices.

Motion carried by voice vote.

D. A Resolution to Approve and Award Annual Pipe Bid.

Mr. Luallen presented the following resolution to approve and award annual pipe bid, along with a bidsummary sheet and a letter of recommendation from the Highway Commissioner.

RESOLUTION NO. 06-057

A RESOLUTION TO APPROVE AND AWARD ANNUAL PIPE BID

WHEREAS, in order to properly perform the essential operations of county government, goods and services mustoften be let for bid; and

WHEREAS, Randall Moss, McMinn County Highway Commissioner, requests to bid the annual pipe purchasefor the period of July 1, 2006 through June 30, 2007; and

WHEREAS, McMinn County has followed the proper procedures in securing the bids; and

WHEREAS, Randall Moss the McMinn County Highway Commissioner recommends the bid for corrugated polypipe be rejected and be re-bid. Mr. Moss recommends to award the bid of steel pipe supplier to Superior Drainage ofKnoxville, TN, the only bidder and the bid of reinforced concrete pipe to Sherman Dixie of Hermitage, TN the onlybidder.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY,TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY, 2006, that this Commission doeshereby approve the recommendation of the Highway Commissioner.

(Orig signed bv John M. Gentry)McMinn County Mayor

Attest:

(Orig signed bv Evonne JonesCounty Clerk

MOTION made by Commissioner Mason, and seconded by Commissioner McPhail, to approve thisresolution.

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Page Number 168McMinn County CommissionMinutes - Regular SessionMay 15,2006

E. A Resolution to Approve Payment of Inmate Medical Expenses to Erlanger Health System.

Mr. Luallen presented the following resolution to approve payment of inmate medical expenses toErlanger Health System, as well as the requisition and letter from Sheriff Frisbie indicating that this is a Stateinmate and anything over $1,000.00 will be reimbursed.

RESOLUTION NO. 06-058

A RESOLUTION TO APPROVE PAYMENT OF INMATE MEDICAL EXPENSES TOERLANGER HEALTH SYSTEM

WHEREAS, McMinn County inmate experienced a self-inflicted injury resulting in hospital services and surgeryat a cost of $14,568.00; and

WHEREAS, in accordance with Financial Management Committee Policies and Procedures expenses over$5,000 require County Commission approval.

NOW BE IT THEREFORE RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY,TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY, 2006, that the payment of medicalexpenses to Erlanger Health Care System in the amount of $14,568.00 be hereby approved.

(Orig signed by John M. Gentry)McMinn County Mayor

Attest:

(Orig signed by Evonne Jones)County Clerk

MOTION made by Commissioner Holbrook, and seconded by Commissioner Vincent, to approve thisresolution.

Motion carried by voice vote.

7. REVIEW AND APPROVAL OF CONTRACTS

A. A Resolution to Approve the Amendment to Tennessee Department of Environment andConservation Tire Recycling Grant.

Mr. Luallen presented the following resolution to approve the amendment to the Tennessee Departmentof Environment and Conservation Tire Recycling Grant. Mr. Luallen said that this extends the grant throughJune 30, 2007 but reduces the amount from $32,534.00 to $30,257.00 for FY 2006-07.

RESOLUTION No. 05-059

A RESOLUTION TO APPROVE THE AMENDMENT TO TENNESSEE DEPARTMENT OF ENVIRONMENT ANDCONSERVATION TIRE RECYCLING GRANT

WHEREAS, in order to properly perform the duties of county government as prescribed by law, it is often inMcMinn County's interest to enter into contracts with other entities; and

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Page Number 169McMinn County CommissionMinutes - Regular SessionMay 15,2006

(Resolution No. 05-059 Cont'd)

WHEREAS, McMinn County desires to amend their Waste Tire Grant # 2-03-011374-00 amount from$32,534.00 to $30,257.00 with the State of Tennessee, Department of Environment and Conservation; and

WHEREAS, the term of this grant is extended through June 30, 2007, in the amount of $30,257.00.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTYTENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY 2006, that this Commission doeshereby agree to renew this Waste Tire Grant with the State of Tennessee.

AND FURTHERMORE RESOLVES to give authority to the County Mayor or his designee to execute and administer theduties of said contract.

(Orig signed by John M. Gentry)McMinn County Mayor

Attest:

(Orig signed by Evonne Jones)County Clerk

MOTION made by Commissioner Vincent, and seconded by Commissioner King, to approve this resolution.

In response to a question from Commissioner Vincent, Mr. Gentry said we operate waste tire disposal at a lossevery year and because of this, we are still allowed to charge $16.00 per ton.

Motion carried by voice vote.

B. A Resolution to Approve the Contract Between McMinn County and Tennessee State Department ofCorrection.

Mr. Gentry presented the following resolution to approve the contract between McMinn County and Tennessee StateDepartment of Correction.

Resolution No. 06-060

A RESOLUTION TO APPROVE

THE CONTRACT BETWEEN McMINN COUNTY ANDTENNESSEE STATE DEPARTMENT OF CORRECTION

WHEREAS, in order to properly perform the duties of county government as prescribed by law, it isoften in McMinn County's interest to enter into contracts with other entities; and

WHEREAS, McMinn County has entered into contract with Tennessee Department of Correction tohouse state felons within the McMinn County Justice Center; and

WHEREAS, the State of Tennessee wishes to amend the present contract to extend the contract periodby one year and increase the State's liability by $417,000; and

WHEREAS, the term of this contract shall be January 1,2004 through June 30, 2007, with the per diemrate to remain at $35.00 and the maximum liability ofthe State to be increased to the amount not to exceed$2,152,700.

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Page Number 170McMinn County CommissionMinutes - Regular SessionMay 15,2006

(Resolution No. 06-060 Cont'd)

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINNCOUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY 2006 THATTHE COMMISSION DOES APPROVE THIS CONTRACT AMENDMENT WITH TENNESSEE

DPEARTMENT OF CORRECTIONS, AND FURTHERMORE RESOLVES TO GRANT AUTHORITY TOTHE COUNTY EXECUTIVE OR HIS DESIGNEE TO CARRY OUT THE DUTIES OF SAID CONTRACT,

the public welfare demanding it.

(Orig signed by John M. Gentry)McMinn County Mayor

Attest:

(Orig signed by Evonne Jones)County Clerk

MOTION made by Commissioner Bob Powers, and seconded by Commissioner Masingale, to approve thisresolution.

Motion carried by voice vote.

C. A Resolution to Approve the Extension of the Contract Between McMinn County and ThompsonEnvironmental Services for Transport and Treatment of Landfill Leachate.

Mr. Luallen presented the following resolution to approve the extension of the contract between McMinn Countyand Thompson Environmental Services for transport and treatment of Landfill leachate, along with a letter ofrecommendation from the Landfill Supervisor as well as a letter from Thompson Environmental agreeing to extend, butreserving the right to implement a fuel charge of$3.00 per load.

Resolution No. 06-061

A RESOLUTION TO APPROVE THE EXTENSION OF THE CONTRACT BETWEEN McMINN COUNTYAND THOMPSON ENVIRONMENTAL SERVICES FOR TRANSPORT AND TREATMENT OF

LANDFILL LEACHATE

WHEREAS, in order to properly perform the duties of county government as prescribed by law, it isoften in McMinn County's interest to enter into contracts with other entities; and

WHEREAS, McMinn County desires to extend its current agreement with Thompson EnvironmentalServices to perform transportation and treatment of landfill leachate for an additional one year period; and

WHEREAS, McMinn County's obligation under such agreement is in the amount of $4500.00 permonth up to 1,200,000 gallons per year, where an excess of that amount will be charged at an additional 2 centsper gallon; and

WHEREAS, due to rising fuel costs, Thompson Environmental Services reserves the right to implementa fuel charge of$3.00 per load; and

WHEREAS, the landfill supervisor and Thompson Environmental has recommended that the currentagreement be extended for a one year period under the terms of the present agreement.

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Page Number 171McMinn County CommissionMinutes - Regular SessionMay 15,2006

(Resolution No. 06-061 Cont'd)

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF McMINN COUNTY,TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF May 2006 that this

Commission does hereby agree to extend its contract with Thompson Environmental Services for one year,based upon the recommendation of the Solid Waste Director.

AND FURTHERMORE RESOLVES to grant authority to the County Mayor or his designee to carry out theduties of said contract.

(Orig signed by John M. Gentry)McMinn County Mayor

Attest:

(Orig signed by Evonne Jones)County Clerk

In response to a question from Commissioner Vincent, Mr. Gentry said that the number of loads depends on how muchrainy weather we have, but added that the additional fuel charges will not likely result in a net increase of over $100.00for this period. He also said that they considered the possibility of rebidding, but Mr. Gentry explained he felt anextension was the best alternative because there are not very many companies who can pump, haul and treat leachate.

MOTION made by Commissioner Vincent, and seconded by Commissioner Mason, to approve this resolution.

Motion carried by voice vote.

D. A Resolution to Approve the Lease of a Portion of the Courthouse Annex to BB&T.

Mr. Luallen presented the following resolution to approve the lease of a portion of the Courthouse Annex toBB&T. The Commissioners were also provided a copy of the lease agreement.

Resolution No. 06-062

A RESOLUTION TO APPROVETHE LEASE OF A PORTION OF THE COURTHOUSE ANNEX TO BB&T

WHEREAS, in order to properly perform the duties of county government as prescribed by law, it isoften in McMinn County's interest to enter into lease agreements with other entities; and

WHEREAS, McMinn County has been approached by BB&T for the rental of approximately 5,600square feet of the Courthouse Annex property at the Madison Park Shopping Center; and

WHEREAS, BB&T agrees to lease such space for $22,500.00, including any repairs to said building'sheating and air systems not to exceed $2000, for a term of 10 months from June 15,2006 through April 15,2007; and

WHEREAS, the revenue generated from this lease will be earmarked for the future repair and upgradeof the heating and air system at the Madison Park Shopping Center or other upgrade so designated by this body;and

(Cont'd)

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Page Number 172McMinn County CommissionMinutes - Regular SessionMay 15,2006

(Resolution No. 06-062 Cont'd)

WHEREAS, this action is based upon the recommendation of the McMinn County PropertiesCommittee.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF McMINN COUNTY,TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY 2006 THAT THECOMMISSION DOES APPROVE THIS LEASE AGREEMENT WITH BB&T, AND FURTHERMORERESOL VES TO GRANT AUTHORITY TO THE COUNTY MAYOR OR HIS DESIGNEE TO CARRY OUT

THE DUTIES OF SAID AGREEMENT, the public welfare demanding it.

(Orig signed bv John M. Gentry)McMinn County Mayor

Attest:

(Orig signed bv Evonne Jones)County Clerk

MOTION made by Commissioner Mason, and seconded by Commissioner Bob Powers, to approve thisresolution.

Chairman Crews said representatives from BB&T were in the audience if anyone had any questions. In responseto a question from Commissioner Jack Powers, Mr. Gentry responded that this is a one-time lease agreement.

Motion carried by voice vote.

E. A Resolution to Approve a Change Order for McKinnev Excavating Regarding the McMinn County AirportExpansion Proiect.

Mr. Luallen presented the following resolution to approve a change order for McKinney Excavating regarding theMcMinn County Airport expansion project. A copy of the change order was provided to the Commission as well and Mr.Luallen said that amount of this change order only is $98,771.75.

Resolution No. 06-063

A RESOLUTION TO APPROVE A CHANGE ORDER FOR MCKINNEY EXCA VATING REGARDING THEMCMINN COUNTY AIRPORT EXPANSION PROJECT

WHEREAS, McMinn County entered into a contract with McKinney Excavating for constructioninvolved in the McMinn County Airport Expansion Project; and

WHEREAS, additional work was required by Tennessee Department of Environment and Conservationfor erosion control; and

WHEREAS, Change Order #4 has resulted in a net increase of $98,771.75, which includes a erosioncontrol blanket, additional excavation for sediment basins, and extension of drain piping beyond fill area; and

(Cont'd)

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Page Number 173McMinn County CommissionMinutes - Regular SessionMay 15,2006

(Resolution No. 06-063 Cont'd)

WHEREAS, upon approval by the McMinn County Board of Commissioners, the total for this changeorder issued to McKinney Excavating will increase the total contract amount from $1,235,939.88to $1,334,711.63, which is a total increase in cost of $98,771.75, but does not require McMinn County to send

additional match funds to the TDOT Division of Aeronautics.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF McMINNCOUNTY, TENNESSEE, MEETING IN REGULAR SESSION ON THIS 15TH DAY OF MAY 2006, THATTHE COMMISSION DOES APPROVE THE CHANGE ORDER AND INCREASE OF CONTRACT

AMOUNT WITH MCKINNEY EXCAVATING RESULTING IN A TOTAL INCREASE OF $98,771.75.

(Orig signed by John M. Gentry)McMinn County Mayor

Attest:

(Orig signed by Evonne Jones)County Clerk

MOTION made by Commissioner Vincent, and seconded by Commissioner McPhail, to approve thisresolution.

Motion carried by voice vote.

F. A Resolution to Approve the Contract Between McMinn County and the Tennessee Department ofTransportation for the State Industrial Access Road.

Mr. Luallen presented the following resolution to approve the contract between McMinn County and theTennessee Department of Transportation for the State Industrial Access Road Program serving Johns Manville.A copy of the contract was also provided to the Commissioners.

Resolution No. 06-064

A RESOLUTION TO APPROVE THE CONTRACT BETWEEN MCMINN COUNTYAND THE TENNESSEE DEPARTMENT OF TRANSPORTION FOR THE STATE

INDUSTRIAL ACCESS ROAD PROGRAM SERVING JOHNS MANVILLE

WHEREAS, McMinn County submitted an application to TDOT requesting assistance in providingadequate access to serve an expansion plant for Johns Manville Industries; and

WHEREAS, the proposed improvement consists of McMinn County providing grading, drainage andbase stone for the new access road; and

WHEREAS, TDOT maintenance forces will provide asphalt paving for the new road and build newacceleration and left turn lanes on US 411; and

WHEREAS, TDOT agrees to reimburse McMinn County for its work up to $141,390.00, subject toTDOT inspection approval.

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Page Number 174McMinn County CommissionMinutes - Regular SessionMay 15,2006

(Resolution No. 06-064 Cont'd)

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINNCOUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY 2006, thatthis Commission does hereby approve this contract with TDOT for costs associated with building the newindustrial access road at Johns Manville Industries and authorizes the County Mayor or his designee to executeany and all documents necessary to complete said project.

(Orig signed bv John M. Gentry)McMinn County Mayor

Attest:

(Orig signed by Evonne Jones)County Clerk

MOTION made by Commissioner Holbrook, and seconded by Commissioner Bob Powers, to approvethis resolution.

Motion carried by voice vote.

G. A Resolution Approving the Contract Between McMinn County and the Hiwassee UtilitiesCommission Maintaining McMinn County's Status as a Reserve Customer.

Mr. Luallen presented the following resolution approving the contract between McMinn County and theHiwassee Utilities Commission maintaining McMinn County's status as a reserve customer. A copy of thecontract was also provided to the Commission.

Resolution No. 06-065

A RESOLUTION APPROVING THE CONTRACT BETWEEN MCMINN COUNTY AND THE HIWASSEEUTILITIES COMMISSION MAINTAINING MCMINN

COUNTY'S STATUS AS A RESERVE CUSTOMER

WHEREAS, the Hiwassee Utilities Commission was established in 1972 by the joint actions of theMcMinn and Bradley County Commissions for the purpose of supplying potable water to public agencies andthe general public within the two counties; and

WHEREAS, the H.U.C. has five contract quantity customers in Town of Niota, Cleveland Utilities,Athens Utilities, Riceville Utilities, and the Charleston-Calhoun Utility District, with McMinn County being areserve customer with capacity designated for future economic development and growth; and

WHEREAS, in order to secure financial stability, the H.U.C. is requesting all customers renew theircontracts before they proceed with financing their plant expansion; and

WHEREAS, the new contract presented to McMinn County by the H.U.C. calls for a maximum contractdemand or reserve of 500,000 gallons per day for a twenty year period to commence on the date the expansionproject is complete, which is anticipated for July 1, 2008; and

WHEREAS, the contract cost to McMinn County is approximately $20,000 per year or $0.1076 per

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Page Number 175McMinn County CommissionMinutes - Regular SessionMay 15,2006

(Resolution No. 06-065 Cont'd)

WHEREAS, this new contract actually represents a decrease in the current contract of $10,000.00 peryear.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINNCOUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15TH DAY OF MAY 2006, thatthis Commission does hereby approve this contract with the Hiwassee Utilities Commission subject to thecompletion of the H.U.C. Expansion Project, and authorizes the County Mayor to execute any and alldocuments necessary to complete said project, the public welfare requiring it.

(Orig signed by John M. Gentry)County Mayor

Attest:

(Orig signed by Evonne Jones)County Clerk

MOTION made by Commissioner Mason, and seconded by Commissioner McPhail, to approve thisresolution.

Chairman Crews said that representatives from Hiwassee Utilities Commission were in the audience ifthere were any questions.

Motion carried by voice vote.

8. APPROVAL OF BUDGET AMENDMENTS

Mr. Luallen requested approval of four budget amendments involving four different funds and copieswere provided to the Commissioners.

Fund: General # 101 Date: May 11, 2006

DEPARTMENT ACCOUNT FOLIO DEBIT CREDIT

State of Tennessee Other State Grants

Election Commis- Office EquipmentSlOn

46980

51500-719

233,000.00

233,000.00

EXPLANA TION: To budget revenue and expenditures related to Electronic Voting System. Commissionapproval for grant and purchase of system on 01/16/06.

MOTION made by Commissioner Jack Powers, and seconded by Commissioner Masingale, to approvethis budget amendment.

(Cont'd)

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Page Number 176McMinn County CommissionMinutes - Regular SessionMay 15,2006

Motion carried by roll call vote, as recorded:

Scott Curtis - AyeDale Holbrook - AyeJeannie King - AyeRoger Masingale - AyeGary Mason - AyeJ. W. McPhail- AyeBob Powers - AyeJack Powers - AyeOwen Vincent - AyeChairman David Crews - Aye

Fund: General Purpose School # 141 Date: May 11, 2006

DEPARTMENT

Office of the

Superintendent

ACCOUNT

Administrative Office

FOLIO

72320-101

DEBIT CREDIT

26,734.00

"

"

"

"

"

Regular Instruc­tion Program

Social Security 72320-2011,658.00

State Retirement

72320-2043,490.00

Life Insurance

72320-206 54.00

Disability Insurance

72320-209 10.00

Medicare

72320-212 388.00

Teachers

71100-11632,334.00

EXPLANATION: To amend the budget to include additional expenditures for the assistant director of schoolsposition added for the period of January 2006 through June 2006. School Board approval 5-11-06.

In response to a question from Commissioner Vincent, Mr. Luallen said that savings came from teachersalary budget because some more experienced teachers have retired and were replaced with less experiencedteachers at a lower salary. The savings in this line item were able to be transferred to this other category tocover the extra expense for the assistant director of schools. There were no motions to approve this budgetamendment but after some discussion, a MOTION was made by Commissioner Jack Powers, and seconded byCommissioner Bob Powers, to request a School Board representative to come before the Commission to explainthe funding as well as justification for making this a permanent position.

Motion carried by voice vote.

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Page Number 177McMinn County CommissionMinutes - Regular SessionMay 15,2006

Fund: Federal Projects # 142 Emergency Impact Aid for Displaced Students Date: May 4, 2006

DEPARTMENT

Hurricane ReliefFunds

Reg. Instruc.Program Support

ACCOUNT

Other Federal ThruState

Instruc. Supplies &Materials

FOLIO

47590

71100-429

DEBIT

9,900.00

CREDIT

9,900.00

EXPLANATION: To budget revenue and expenditures related to the Hurricane Relief Funds for McMinnCounty. School Board approval: 5/11/06.

MOTION made by Commissioner Jack Powers, and seconded by Commissioner Vincent, to approvethis budget amendment.

Commissioner McPhail requested that when the School Board representative comes before theCommission next month concerning the earlier budget amendment, they also tell the Commission how manychildren received hurricane relief funds.

In response to a question from Commissioner Jack Powers, Mr. Luallen said that these are federal funds.

Motion carried by roll call vote, as recorded:

Scott Curtis - AyeDale Holbrook - AyeJeannie King - AyeRoger Masingale - AyeGary Mason - Aye1. W. McPhail- AyeBob Powers - AyeJack Powers - AyeOwen Vincent - AyeChairman David Crews - Aye

Fund: # 189 Other Capital Projects Date: May 11,2006

DEPARTMENT

Reserve

General Admin­

istration Projs

ACCOUNT

Undesignated FundBalance

Site Development(Animal Shelter)

FOLIO

39000

91110-724

DEBIT

34,088.00

CREDIT

34,088.00

EXPLANATION: To budget funds for expansion of City of Athens Animal Shelter. Commission approval09/19/2006.

MOTION made by Commissioner Jack Powers, and seconded by Commissioner Curtis, to approve thisbudget amendment.

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Page Number 178McMinn County ClerkMinutes - Regular SessionMay 15,2006

Motion carried by roll call vote, as recorded:

Scott Curtis - AyeDale Holbrook - AyeJeannie King - AyeRoger Masingale - AyeGary Mason - AyeJ. W. McPhail- AyeBob Powers - AyeJack Powers - AyeOwen Vincent - AyeChairman David Crews - Aye

9. SKILLS USA - MR. BOBBY MOSES

Mr. Bobby Moses and Ms. Leslie Maynor, Skills USA Advisors and instructors at the McMinn CountyVocational Center, addressed the Commission and introduced several students who are members of theMcMinn County Skills USA Vocational Quiz Bowl team. Ms. Jennifer Bonier, a four-year member of theteam, explained McMinn County's amazing 16-year history of winning the State competition. Fourteen of thoseyears, McMinn County's team has placed in the top three at the national competitions, seven of which they havebrought home the gold. If McMinn County wins nationals this year, we will break every other record that hasever been set in any competition in Skills USA. A team member added that this would not have been possiblewithout the support of the McMinn County Commission and several team members expressed theirappreciation.

In response to a question from Chairman Crews, Ms. Bonier said that the competition begins June 21,2006 in Kansas City, Missouri. Chairman Crews congratulated the team on their success.

MOTION made by Commissioner Mason, and seconded by Commissioner Masingale, to contribute$1,000.00 with funds to come from the Commissioners' Contingency Fund.

Motion carried by voice vote.

10. COMMENTS FROM THE AUDIENCE

None.

11. RESOLUTIONS

A. A Resolution to Approve the Grant of $500.00 to E. K. Baker School.

Mr. Gentry presented the following resolution to approve the grant of $500.00 to E. K. Baker School toassist in the installation of a new basketball goal at the school playground. Mr. Gentry added that this wasapproved by the Recreation Committee earlier this evening.

Resolution No. 06-066

A RESOLUTION TO APPROVE THE GRANT OF $500.00 TOEK BAKER SCHOOL

WHEREAS, it is the intent of the McMinn County Recreation Committee to assist in providing supportfor youth athletics in McMinn County; and

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(Resolution No. 06-066 Cont'd)

WHEREAS; EK Baker School (the applicant) is currently in need of funds to assist in the installation ofa new basketball goal at the school playground; and

WHEREAS, applicant has requested a FY 2005-06 recreation grant of $500.00 to assist in the funding ofthe above project; and

WHEREAS, this grant is approved by the McMinn County Board of Commssioners.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF McMINN COUNTY,TENNESSEE, MEETING IN REGULAR SESSION THIS THE 15th DAY OF MAY 2006, that thisCommission does hereby approve this request for a McMinn County Recreation Grant, the public welfaredemanding it.

(Orig signed by John M. Gentry)McMinn County Mayor

Attest:

(Orig signed by Evonne Jones)County Clerk

MOTION made by Commissioner McPhail, and seconded by Commissioner Bob Powers, to approvethis resolution.

Motion carried by voice vote.

B. A Resolution to Add Roads to be Paved in the 2005-06 Budget Year by Capital Outlay Funds.

Mr. Gentry presented the following resolution to add roads to be paved in the 2005-06 budget year bycapital outlay funds and he added that this was approved by the Public Safety Committee earlier this evening.

ResolutionNo. 06-067

A RESOLUTION TO ADD ROADS TO BE PAVED IN THE 2005-06BUDGET YEAR BY CAPITAL OUTLAYFUNDS

WHEREAS, McMinn County has budgeted funds in the Capital Projects Fund for the purposeof paving county roads; and

WHEREAS, McMinn County requested and approved a Five-Year Capital Outlay Plan forpaving the county roads as a best management practice, ensuring the funds be utilized in the mostefficient and equitable manner possible; and

WHEREAS, changes and additions to the Five-Year Paving Plan may be deemed necessarydue to various reasons in order to maximize the benefit of the funds; and

(Cont'd)

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Page Number 180McMinn County CommissionMinutes - Regular SessionMay 15, 2006

(Resolution No. 06-067 Cont'd)

WHEREAS, it is the recommendation of the Commissioner of Highways that the followingroads be added to the Capital Outlay Paving Plan which were not previously a part of such plan:

1. County Road 135,3.7 miles, $127,799.362. County Road 158, .50 miles, $17,269.503. County Road 253, .80 miles, $24,328.804. County Road 313, 1.70 miles, $58,040.395. County Road 552, .80 miles, $29,225.25

WHEREAS, the total estimated cost for such additions to the maintenance system is$256,663.30, with $196,168.11 available in 2005-06 Capital Outlay funds.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OFMcMINN COUNTY, TENNESSEE, MEETING IN SESSION ON THIS 15th DAY OF MAY 2006, THATTHE MCMINN COUNTY COMMISSION APPROVES THIS ADDITION OF ROADS TO THECAPITAL OUTLAY PAVING PLAN FOR FY 05-06, the public welfare requiring it.

(Oriq siqned by John M. Gentry)McMinn County Mayor

Attest:

(Oriq siqned by Evonne Jones)County Clerk

MOTION made by Commissioner McPhail, and seconded by Commissioner Masingale, toapprove this resolution.

In response to a question from Commissioner Jack Powers, Commissioner of Highways Mossexplained the location of each of these roads.

Motion carried by voice vote.

C. A Resolution to Approve the Addition of the Cul-de-sac in Deerfield Estates to CountyRoad 456.

Mr. Gentry presented the following resolution to approve the addition of the cul-de-sac inDeerfield Estates to County Road 456. Mr. Gentry said that this was also approved by the PublicSafety Committee earlier this evening.

Resolution No. 06-068

A RESOLUTION TO APPROVETHE ADDITION OF THE CUL-DE-SAC IN DEERFIELD ESTATES TO COUNTY ROAD 456

WHEREAS, a Road Maintenance System has been adopted by the McMinn County HighwayDepartment to continue the efficient maintenance of McMinn County roads; and

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(Resolution No. 06-068 Cont'd)

WHEREAS, cul-de-sac at Deerfield Estates has been completed after the other portion of theroad has already been taken into the Road system as County Road 456; and

WHEREAS, it is the recommendation of the Commissioner of Highways that the cul-de-sacmeets all standards and should be added to County Road 456.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OFMcMINN COUNTY, TENNESSEE, MEETING IN SESSION ON THIS 15th DAY OF MAY 2006, THATTHE MCMINN COUNTY COMMISSION APPROVES THE ADDITION OF THE DEERFIELDESTATES CUL-DE-SAC TO COUNTY ROAD 456, the public welfare requiring it.

(Oriq siqned by John M. Gentry)McMinn County Mayor

Attest:

(Oriq siqned by Evonne Jones)County Clerk

MOTION made by Commissioner Holbrook, and seconded by Commissioner Vincent, toapprove this resolution.

Motion carried by voice vote.

12. ELECTIONS. APPOINTMENTS AND CONFIRMATIONS

None.

13. REPORTS FROM COMMITTEES. COUNTY OFFICIALS. COMMENTS FROM COMMISSIONERS

A. Properties Committee - Commissioner McPhail.

Commissioner McPhail said that Properties Committee will visit sites in other Counties that haveundergone similar expansion in their court facilities on either the 18th or 19th of May and he invited anyavailable Commissioners to accompany them.

B. Budget Committee - Commissioner Jack Powers.

Commissioner Jack Powers said that the Budget Committee met prior to this meeting to begin thebudget process and he added that they will meet again on May 25,2006 at 6:00pm to review the budgetrequests.

Chairman Crews also suggested that groups like Skills USA, who came before the Commission earlierthis evening, come before the budget committee first in the future.

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C. Comments by Commissioner Mason Regarding the New Race Track on Highway 68.

Commissioner Mason said that he is getting calls from local citizens concerning the noise levels comingfrom the race track on Highway 68 on Friday and Saturday nights. Commissioner Mason said he has found outthat there is no State agency that controls noise levels, but he suggested that the Commission may need torequest that their races be scheduled earlier in the evening.

D. Financial Management Committee - Commissioner Vincent.

Commissioner Vincent said that the Financial Management Committee met in early April so that a Staterepresentative could explain the reason for the 31% ($100,000) increase in retirement. Commissioner Vincentsaid although this is tough on the budget, there is nothing that we can do about it.

14. COMMENTS FROM THE COUNTY MAYOR

A. Courthouse Renovations.

Mr. Gentry said that a pre-bid meeting was held today and if all goes well, we should have a bid openingon June 13th and will have some idea of what it will cost.

B. Added Ambulance Station in Riceville.

Mr. Gentry said he had the opportunity to meet earlier this month with the Chief of the Riceville FireDepartment and a representative of Woods Hospital concerning adding a third ambulance station at theRiceville Fire Department. Our County Planner, Mr. Russell Thresh, who is an architect, has agreed to draw upsome plans and get construction estimates. Mr. Gentry said that when they get the information, they will call anEmergency Services Committee meeting and added that this is new ground for the County in that they havenever been in the station building business. Mr. Gentry also said that they will be bringing a resolution to theCommission concerning ambulance service regulations.

C. Growth Plan.

Mr. Gentry said that one of the topics at the annual planning session was the growth plan and thepossibility this year that the growth plan committee will need to be convened. Niota has advertised a publichearing concerning the area they wish to amend and Mr. Gentry added that he will be trying to convene thatcommittee within the next month to consider Niota's request.

D. Homeland Security.

Mr. Gentry said that he had the opportunity to meet last week in Knoxville with the State TEMADirector as well as the Governor's Homeland Security Advisor. They had been to Washington, DC trying to letus know what we can anticipate. Mr. Gentry said that in the future, Homeland Security funds will most likelybe allocated using a competitive bid process and there will be no per capita allocation as in the past.

E. Aeronautics Commission Action on Correction of the Gradient Deviation at the Airport.

Mr. Gentry said that the Aeronautics Commission approved Option B up to $1.2 million. Because thechange is so large, the project will be re-bid. Mr. Gentry added that hopefully by the end of the year, the projectwill be completed.

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F. Rescheduling of Next Month's McMinn County Commission Meeting.

Mr. Gentry said that because of an important meeting in Nashville, the County Clerk has requested thatthe County Commission meeting be rescheduled from the usual third Monday (19 June) to another date. Therewas a discussion concerning the budget approval and the time required for publication. In response to aquestion from Chairman Crews, County Clerk Evonne Jones said she could be prepared for a Commissionmeeting on Thursday, June 22, 2006 at 7:30 pm with packets to be mailed to Commissioners NL T Friday,June 16, 2006. Mr. Gentry added that a special call session to approve the budget could be scheduled forMonday, July 3rd.

Ms. Jones expressed her appreciation to the Commissioners for rescheduling the meeting.

15. APPROVAL OF NOTARY APPLICATIONS

The following notary applications were submitted to the County Clerk's Office:

Notary Applications for May 2006

Whitney L. BerryWilliam P. Biddle III

Sandra S. BlankenshipTracy L. BrumfielCarolyn D. BurrisDaniel A. EatonJudith C. KetchersidCarol Matthews

Reba K. McKinneyWilliam PeelerMarie F. RectorDianne ReedTeresa A. Rhodes

Janis R. RoseberryEdward F. ThompsonRichard L. Wade

MOTION made by Commissioner McPhail, and seconded by Commissioner Curtis, to approve thesenotary applications.

Motion carried by voice vote.

16. ANY OTHER BUSINESS THAT MAY LEGALLY COME BEFORE THE COMMISSION

A. Woods Hospital Update.

In response to a question from Commissioner Masingale, Mr. Gentry said that there would be an updateon Woods Hospital next month.

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17. ADJOURNMENT

There being no other business, Chairman Crews declared the meeting adjourned at 8:20 pm.

ONNEJONES

McMinn County Clerk

Attest:

~Deputy Clerk

t-/r- 0(,Date