WASHINGTON COUNTY COMMISSION AGENDA PACKET – FEBRUARY 2011 … · XII – Audit Committee minutes 92 XIII – County-owned Property Committee minutes 93 XIV ... ORTHO MAP. 7. WASHINGTON

WASHINGTON COUNTY COMMISSION AGENDA PACKET – FEBRUARY 2011TABLE OF CONTENTS

I – Agenda 1-2II – Planning Commission/Zoning Appeals Board Information 3-58III – Budget Committee minutes and attachments 59-73IV – Mayoral Resolutions 74-75V – Solid Waste Committee minutes/attachment 76-77VI – General Health and Welfare Committee minutes 78VII – Water Task Force minutes 79VIII – Public Records Commission minutes 80-81IX – CIA Committee minutes 82-83X – Public Safety Committee minutes 84-85XI – Public Works and Planning Committee minutes/attachments 86-91XII – Audit Committee minutes 92XIII – County-owned Property Committee minutes 93XIV – Committee on Committees minutes 94XV – Resolution creating Reapportionment Committee 95XVI – Rules Committee minutes 96-97XVII – Resolution adopting rules of procedure/attachment 98-119

WASHINGTON COUNTY COMMISSION

FEBRUARY 28, 2011

Please take notice that the Washington County Commission will meet in regular session on Monday, February 28, 2011 at 6 p.m. The meeting will be held on the 2nd floor of the Washington County Courthouse in Jonesborough, Tennessee.

A G E N D ACall to OrderInvocationPledge to the FlagRoll Call

1: REPORT OF WASHINGTON COUNTY REGIONAL PLANNING COMMISSION (February report enclosed)

2: APPROVAL OF MINUTES OF LAST MEETING

3: REPORT OF HEALTH DEPARTMENT

4: REPORT OF DIRECTOR OF SCHOOLS

5: REPORT OF BUDGET COMMITTEE (February report enclosed)a. Consider resolution to transfer funds within Washington County Sheriff's Department for bullet proof vests.b. Consider resolution to transfer funds within Washington County Sheriff's Department for S.W.A.T. van. c. Consider resolution to transfer funds within Washington County Library

Department for Instructional Materials and Supplies and Library Books.d. Consider resolution to transfer funds within Washington County Election

Administrator's office for voting machine rental.e. Consider resolution requesting the Tennessee General Assembly to repeal a law

requiring counties to use the optical scan voting method starting with the 2012 elections.

6: REPORT OF COUNTY MAYOR (ENCLOSURE)a. Consider resolution requesting unclaimed balance of accounts remitted to

Tennessee State Treasurer under Unclaimed Property Act.. b. Consider resolution approving acceptance of grants for projects at the Tri-City Regional Airport.

7: REPORT OF COUNTY ATTORNEY

8: REPORT OF SOLID WASTE COMMITTEE (February report enclosed)

9: REPORT OF EDUCATION COMMITTEE

10: REPORT OF GENERAL HEALTH AND WELFARE COMMITTEE (February report enclosed)

11: REPORT OF WATER TASK FORCE (February report enclosed)

12: REPORT OF PUBLIC RECORDS COMMISSION (February report enclosed)

13: REPORT OF CIA COMMITTEE (February report enclosed)

14: REPORT OF PUBLIC SAFETY COMMITTEE (February report enclosed)

15: REPORT OF PUBLIC WORKS AND PLANNING COMMITTEE (February report enclosed)

16: REPORT OF AUDIT COMMITTEE

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17: REPORT OF COUNTY-OWNED PROPERTY COMMITTEE (February report enclosed)

a. Consider recommendation to rent Johnson City office space for County Clerk and Trustees' offices.

18: REPORT OF COMMITTEE ON COMMITTEES (February report enclosed)a. Consider resolution creating a Reapportionment Committee of the Washington

County Legislative Body.

19: REPORT OF RULES COMMITTEE ((February report enclosed)a. Consider resolution adopting rules of procedure for Washington County Board

of County Commissioners.

20: NEW BUSINESS

Kathy Storey, County Clerk

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Washington County Board of County Commissioners

Planning Agenda February 28, 2011

I. Rezonings

1. Bill Hawk - R-1B Low Density Residential District to the R-3A

High Density Residential District - WCRPC Recommends Denial

2. Kerry & Kim Phipps - A-2 Agriculture Residential District to A-1 General Agriculture District - WCRPC Recommends Approval

II. Infrastructure Report for 2010

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Rezoning #1 Bill Hawk

R-1B Low Density Residential District to the R-3A High Density Residential District

Gray Station Rd. Tax Map 011, Parcel 077.03, 12th Civil District

Petitioner: Bill Hawk Owner: Bill Hawk Agent: Bill Hawk Request: R-1B Low Density Residential District to the R-3A High Density Residential District Purpose: To allow for future speculative residential development Location: Gray Station Rd. Map Information: Tax Map 011, Parcel 077.03, 12th Civil District Size: Rezoning is for 10 Acres +/- to the R-3A Zone Existing Land use: R-1B Low Density Residential District Surrounding Land classification: North: R-3A High Density Residential District/City of Johnson City South: A-1 General Agriculture District East: R-1 Low Density Residential District/City of Johnson City West: A-1 General Agriculture District/R-1 Low Density Residential District/R-2A Medium Density Residential District History: No Changes since the creation of zoning in 1984. Staff Recommendation: The property is located on Gray Station road and within Johnson City’s Urban Growth Area and borders the corporate limits of Johnson City on the North and East. The predominate land use/development pattern of this area of Gray Station road is residential comprised of single family and multi family units. The R-1B density permits 48 units with sewer and 29 without sewer service. If rezoned the density would permit 178 units with sewer or 58 units if served by septic. Based on the surrounding zoning classifications, the surrounding land use including industrial and multi-family, and the location within the Johnson City Urban Growth Boundary, LPO recommends that the request to rezone the property from the R-1A District to the R-3A District be given a favorable recommendation to the Washington County Board of Commissioners.

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TAX MAP

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ZONING MAP

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ORTHO MAP

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WASHINGTON COUNTY, TENNESSEE BOARD OF COUNTY COMMISSIONERS

RESOLUTION No. 11-02-01 RESOLUTION REZONING PARCEL 077.03 OF TAX MAP 011, IN THE 11th CIVIL

DISTRICT PRESENTLY OWNED BY WILLIAM HAWK

WHEREAS, parcel 077.03 of tax map 011, in the 11TH Civil District (hereinafter known as

“Subject Property”) is currently owned by William Hawk; and WHEREAS, the owner has requested that Subject Property be rezoned from R-1B Low

Density Residential District to the R-3A High Density Residential District; and WHEREAS, the Washington County Regional Planning Commission recommended denial

of the rezoning request on the 1st day of February 2011 after receiving staff recommendation for approve to rezone to the R-3A High Density Residential District; and

WHEREAS, after a public hearing, the Board of County Commissioners considered the

rezoning request and determined that rezoning the Subject Project does/not promote the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of Washington County; now therefore

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON

COUNTY, TENNESSEE THAT: SECTION 1. The proposed amendment to the Washington County Zoning Map and Zoning

Plan to rezone parcel 077.03 of tax map 011, in the 11TH Civil District of Washington County, from the R-1B Low Density Residential District to the R-3A High Density Residential District is hereby APPROVED/DENIED.

SECTION 2. The Resolution shall take effect immediately.

Introduced by Commissioner: Seconded by Commissioner: Commissioners Voting FOR Resolution: Commissioners Voting AGAINST Resolution: Commissioners NOT VOTING: Commissioners ABSENT: ADOPTED BY THE COUNTY LEGISLATIVE BODY, in session duly assembled, on this the 28th day of February 2011. KATHY STOREY, County Clerk DANIEL J ELDRIDGE, Mayor COUNTY ATTORNEY ANNOTATION: Rezoning Request APPROVED/DENIED. John Rambo, County Attorney

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Rezoning #2 Kerry & Kim Phipps

A-2 Agriculture Residential District to the A-1 General Agriculture District 133 Crawford Lane.

Tax Map 017, Parcel 042.00, 7th Civil District

Petitioner: Kerry & Kim Phipps Owner: Kerry & Kim Phipps Agent: Kerry & Kim Phipps Request: A-2 Agriculture Residential District to the A-1 General Agriculture District Purpose: To allow for a future greenhouse. Location: 133 Crawford Lane. Map Information: Tax Map 017, Parcel 042.00, 7th Civil District Size: Rezoning is for 7.15 Acres +/- to the A-1 Zone Existing Land use: A-2 Agriculture Residential District Surrounding Land classification: North: A-2 Agriculture Residential District South: A-2 Agriculture Residential District East: A-2 Agriculture Residential District West: A-2 Agriculture Residential District History: No Changes since the creation of zoning in 1984. Staff Recommendation: The property is located off an easement from Crawford Lane within designated Rural Area of Washington County. The predominate land use/development pattern of this area of is residential comprised of single-family units. Although some businesses are permitted in the A-2 zone, the A-1 is much broader in the possibility of commercial interests on the property. The property does not have any road frontage and is accessed via an easement from Crawford lane. Crawford is a dead end street with a right of way of 30 feet per the Washington County Road List. Based on the surrounding zoning classification, the surrounding land use primarily residential in nature, and access to the property for possible commercial uses are by an easement LPO recommends that the request to rezone the property from the A-2 District to the A-1 District be given a unfavorable recommendation to the Washington County Board of Commissioners.

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TAX MAP

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ZONING MAP

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RESOLUTION No. 11-02-02 RESOLUTION REZONING PARCEL 042.00 OF TAX MAP 017, IN THE 7th CIVIL

DISTRICT PRESENTLY OWNED BY KERRY & KIM PHIPPS

WHEREAS, parcel 042.00 of tax map 017, in the 7TH Civil District (hereinafter known as

“Subject Property”) is currently owned by Kerry & Kim Phipps; and WHEREAS, the owner has requested that Subject Property be rezoned from A-2

Agriculture Residential District to the A-1 General Agriculture District; and WHEREAS, the Washington County Regional Planning Commission recommended

approval of the rezoning request on the 1st day of February 2011 after receiving staff recommendation for denial to rezone to the A-1 General Agriculture District; and

WHEREAS, after a public hearing, the Board of County Commissioners considered the

rezoning request and determined that rezoning the Subject Project does/not promote the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of Washington County; now therefore

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON

COUNTY, TENNESSEE THAT: SECTION 1. The proposed amendment to the Washington County Zoning Map and Zoning

Plan to rezone parcel 042.00 of tax map 017, in the 7TH Civil District of Washington County, from the A-2 Agriculture Residential District to the A-1 General Agriculture District is hereby APPROVED/DENIED.


Introduced by Commissioner: Seconded by Commissioner: Commissioners Voting FOR Resolution: Commissioners Voting AGAINST Resolution: Commissioners NOT VOTING: Commissioners ABSENT: ADOPTED BY THE COUNTY LEGISLATIVE BODY, in session duly assembled, on this the 28th day of February 2011. KATHY STOREY, County Clerk DANIEL J ELDRIDGE, Mayor COUNTY ATTORNEY ANNOTATION: Rezoning Request APPROVED/DENIED. John Rambo, County Attorney

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Washington County Regional Planning Commission

Regular Meeting Minutes February 1, 2011

Summary of Minutes

I. Roll Call – Roster Circulated Members Present: Mark Larkey, Joe McCoy, Gerald Sparks, Daryl Rowe, Cleatus Murray, Johnny Shadden, Chuck Mason, Fred Chase, Ted Lynch, Wayne Rupert, Alpha Bridger, Skip Oldham

Members Absent: NONE

Others Present: Chris Pape, Michael Rutherford, Troy Ebbert, Kimberly Hollonsyde

II. Chairman Murray called the meeting to order at 6:00 p.m. Fred Chase gave

the Invocation and Wayne Rupert led the Pledge of Allegiance.

III. Chairman Murray addressed the commission stating that there is one item to be added to the agenda. Troy Ebbert stated that he would recommend the commission amend the agenda and add items. Motion made by Johnny Shadden to approve based on staff recommendation to amend the agenda; seconded by Dr. Joe Corso.

IV. Chairman Murray dispensed with the reading of the January 4, 2011,

Meeting Minutes. Motion made by Chuck Mason to approve; seconded by Alpha Bridger. Motion carried unanimously.

New Business Motion made by Johnny Shadden to amend the agenda and add the Ross Broyles property to agenda; seconded by Dr. Joe Corso. Motion carried unanimously.

V. Administratively Approved Plats - NONE

VI. Subdivisions

1. Ross Broyles property - Approved 2. George William Royston & Wife Celia Ann Royston Property -

Approved

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VII. Site Plans - NONE

VIII. Road Adoption - NONE

IX. Rezonings

1. Bill Hawk - R-1B Low Density Residential District to the R-3A High Density Residential District - Deny

2. Kerry & Kim Phipps - A-2 Agriculture Residential District to A-1 General Agriculture District - Approved

X. Amendments/Adoptions

1. Subdivision Regulations Amendments(To be handed out at

meeting) – Dispensed for review and discussion next month

XI. Zoning Administrator’s Report – NONE

Old Business

XII. Tabled Business

XIII. Previous Month Discussion Topics

XIV. Other Business

IX. There being no further business, the meeting adjourned at 7:30 p.m.

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ADMINISTRATIVELY APPROVED PLATS

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SUBDIVISIONS

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Subdivision #1 Ross Broyles Property

Rock House Rd Tax Map 083, Parcels 054.00 & 055.00, 4th Civil District

Petitioner: Ross Broyles & James Bennet Owner: Ross Broyles & James Bennet Agent: Ross Broyles & James Bennet Request: To subdivide two lots without TDEC Approval and add one of the lots to another parcel. Location: Rock House Rd. Map Information: Tax Map 083, Parcel 054.00 & 055.00, 4th Civil District Size: 3.40 Acres +/- Existing Land use: A-1 General Agriculture District History: No Changes since the creation of zoning in 1984.

Staff Recommendations: Upon review, LPO stated that it comes before the commission due to lack of TDEC stamp; meets regulations, the mobile home already existed; has an existing septic and recommends approval.

Commission Action

Motion made by Kelly Wolfe to approve based on staff recommendation and that if the subdivision decided to widen the road, the owners would need to come back to the planning commission; seconded by Ken Lyon. Motion carried unanimously.

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TAX MAP

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ZONING MAP

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ORTHO MAP

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PLAT MAP

Updated Plat awaiting receipt

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Subdivision #2 George William Royston & Wife Celia Ann Royston Property

Carson Creek Rd Tax Map 056, Parcel 003.00, 17th Civil District

Petitioner: George & Celia Royston Owner: George & Celia Royston Agent: George & Celia Royston Request: To perform a 10 lot subdivision of property for Auction Location: Carson Creek Rd. Map Information: Tax Map 056, Parcel 003.00, 17th Civil District Size: 73.226 Acres +/- Existing Land use: R-1 Low Density Residential District History: No Changes since the creation of zoning in 1984. Staff Recommendation: Upon review, LPO stated that subject to the addition of stream notes and showing the edge pavement, meets regulations, recommends approval.

Commission Action Chairman Murray brought request to the floor, Mr. Tom Hilton was present to answer any questions. Motion made by Mark Larkey to approve subject to the addition of stream notes and showing the edge of pavement; seconded by Joe McCoy. Motion carried unanimously.

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TAX MAP

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ZONING MAP

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ORTHO MAP

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PLAT MAP

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REZONINGS

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Petitioner: Bill Hawk Owner: Bill Hawk Agent: Bill Hawk Request: R-1B Low Density Residential District to the R-3A High Density Residential District Purpose: To allow for future speculative residential development Location: Gray Station Rd. Map Information: Tax Map 011, Parcel 077.03, 12th Civil District Size: Rezoning is for 10 Acres +/- to the R-3A Zone Existing Land use: R-1B Low Density Residential District Surrounding Land classification: North: R-3A High Density Residential District/City of Johnson City South: A-1 General Agriculture District East: R-1 Low Density Residential District/City of Johnson City West: A-1 General Agriculture District/R-1 Low Density Residential District/R-2A Medium Density Residential District History: No Changes since the creation of zoning in 1984. Staff Recommendation: The property is located on Gray Station road and within Johnson City’s Urban Growth Area and borders the corporate limits of Johnson City on the North and East. The predominate land use/development pattern of this area of Gray Station road is residential comprised of single family and multi-family units. The R-1B density permits single family residential. If rezoned the density would permit 178 units with sewer or 58 units if served by septic. Based on the surrounding zoning classifications, the surrounding land use including industrial and multi-family, and the location within the Johnson City Urban Growth Boundary, LPO recommends that the request to rezone the

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property from the R-1A District to the R-3A District be given a favorable recommendation to the Washington County Board of Commissioners.

Commission Action

Chairman Murray brought request to the floor and Mr. Bill Hawk was present for any questions. Chairman Murray requested if there were anyone in favor of the rezoning; none present. He then asked for anyone in opposition of the rezoning. The list is as follows:

1. Al Wheelock, 1038 Gray Station Road, who is concerned about the water runoff that will be coming off the hill.

2. Bob Wheelock, 1040 Gray Station Road whose property joins Mr. Hawk’s property. His concern is the water runoff, the settlement pond and the guardrail on the property.

3. Marie Parker, 531 Douglas Shed Road, owns the property across the creek. She is concerned how the rezoning will affect the appraisal of her farm and the traffic in and out of the subdivision.

Troy Ebbert gave description of land use. Mr. Hawk wanted to assure his neighbors that there will be less water coming off the hill and that he received a permit from TDOT to move the guardrail. There were discussions amongst the planning commissioners with the property owner on the contractor and what types of homes were going to be built. Mr. Wolfe gave brief synopsis on how the planning commission usually does its review including having a site plan being submitted. Mr. Hawk state that he is on a time crunch and might lose the contractor if it cannot be rezoned. Mr. Hawk also stated that he is looking to build 48 single level homes maybe 52. It was stated that the request could have been amended to a R2 which would give you 71 homes allowed. Mr. Shadden stated that he was not comfortable with the entrance to the subdivision if it gets rezoned. Ms. Parker spoke again about the taxes being raised. Chairman Murray informed her that the planning commission does not have any control over the appraisals. Motion made by Mark Larkey to deny and remain R-1B; seconded by Johnny Shadden. Roll Call was taken. Those voting yes were: Ken Lyon, Mark Larkey, Daryl Rowe, Johnny Shadden, Chuck Mason, Fred Chase, Ted Lynch, and Wayne Rupert. Those voting no were: Kelly Wolfe, Joe McCoy, Gerald Sparks, Alpha Bridger, Dr. Joe Corso, and Skip Oldham.

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TAX MAP

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ZONING MAP

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ORTHO MAP

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Petitioner: Kerry & Kim Phipps Owner: Kerry & Kim Phipps Agent: Kerry & Kim Phipps Request: A-2 Agriculture Residential District to the A-1 General Agriculture District Purpose: To allow for a future greenhouse. Location: 133 Crawford Lane. Map Information: Tax Map 017, Parcel 042.00, 7th Civil District Size: Rezoning is for 7.15 Acres +/- to the A-1 Zone Existing Land use: A-2 Agriculture Residential District Surrounding Land classification: North: A-2 Agriculture Residential District South: A-2 Agriculture Residential District East: A-2 Agriculture Residential District West: A-2 Agriculture Residential District History: No Changes since the creation of zoning in 1984. Staff Recommendation: The property is located off an easement from Crawford Lane within designated Rural Area of Washington County. The pre-dominate land use/development pattern of this area of is residential comprised of single-family units. Although some businesses are permitted in the A-2 zone, the A-1 is much broader in the possibility of commercial interests on the property. The property does not have any road frontage and is accessed via an easement from Crawford lane. Crawford is a dead end street with a right of way of 30 feet per the Washington County Road List. Based on the surrounding zoning classification, the surrounding land use primarily residential in nature, and access to the property for possible commercial uses are by an easement LPO recommends that the request to rezone the property from the A-2 District to the A-1 District be given a unfavorable recommendation to the Washington County Board of Commissioners.

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Commission Action:

Chairman Murray brought request to floor and Kerry Phipps was present to answer questions. Chairman Murray asked there were anyone in favor or in opposition of the districts. Mr. Phipps spoke and stated that he has someone who wants to buy the property and open up a business. The potential owner needs the property rezoned in order to do this. Mr. Ebbert gave other uses that were requested by Dr. Corso. The future property owner stated that he plans to live on the property and no customers will be coming to the property. Motion made by Kelly Wolfe to approve the rezoning request based on intended use by the property owner and future owner; seconded by Daryl Rowe. Motion carried unanimously.

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TAX MAP

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ZONING MAP

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ORTHO MAP

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AMENDMENTS & ADOPTION

Subdivision Regulations: Troy Ebbert passed out what the current subdivision regulations state regarding lots and septic systems. Mr. Ebbert discussed notification by TDEC and form that the zoning office could use. This format would be more in the form of policy. Mr. Ebbert stated he would get with Todd Wood regarding the specific language. Motion made by Kelly Wolfe to adopt the practice of issuing these permits as discussed; seconded by Skip Oldham. Motion carried unanimously.

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OTHER BUSINESS

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Washington County Board of Zoning Appeals Jonesborough, Tennessee

Regular Meeting February 1, 2011

Summary of Minutes

I. Call to order – Roster Circulated

Members Present: Dale Fitzgerald, Keith Rouse, Larry Sangid, John Moore Members Absent: Billy Proffitt Others present: Chris Pape, Troy Ebbert, Kimberly Hollonsyde, Michael Rutherford

II. Acting chairman Larry Sangid called the meeting to order at 9:30 a.m.

III. Chairman Sangid dispensed with the reading of the September 7, 2010, minutes. Motion made by John Moore to Approve the September 7, 2010, Minutes; seconded by Dale Fitzgerald. Motion carried unanimously.

IV. Applications

1. Gary Hodges – Area Variance – Approved

V. Education

VI. There being no further business, the meeting adjourned at 11a.m.

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Area Variance Request

Gary Hodges 560 Boring Chapel Rd.

Tax Map 013F, Group A, Parcel 010.02, 11th Civil District

Petitioner: Gary Hodges Owner: Gary Hodges Agent: Gary Hodges Request: An area variance to section 609.3.3 that requires a minimum Front Yard Setback of 30'. The request is for a 18' Front Yard Setback that would create a variance of 12'. Purpose: To allow for a garage to be built beside the home. Location: 560 Boring Chapel Rd. Map Information: Tax Map 013F, Group A, Parcel 010.02, 11th Civil District Size: 0.923 +/- Acres History: No changes since the creation of zoning in 1984. Recommendation: Upon review, LPO stated that due to sink holes and rock there is a hardship on the property and recommends approval based on topographical issues.

Commission Action Acting Chairman, Larry Sangid presented request. Mr. Gary Hodges was present. Mr. Hodges stated that he has lived in the home since 1970. The double-wide mobile home replaced a single wide trailer. The contractor who built the porch did not pull permit for the porch and steps. He was not aware of the setback requirement. The error was discovered when the zoning office went through their permits. There was discussion amongst the board members about the sewer line and location. It was asked if the road was a county or city road. Per Michael Rutherford, it is a city road. There are no future plans to widen the road.

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Motion made by Dale Fitzgerald to approve with the stipulation that if the city comes in with a water line, Mr. Hodges would have to move the steps at his own expense; seconded by John Moore. Motion carried unanimously.

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ZONING MAP

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APPLICATION

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APPLICATION

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APPLICATION

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APPLICATION

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APPLICATION

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SITE PLAN

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Washington County Budget CommitteeRegular Monthly Meeting – February 16, 2011

Members present: Mayor Dan Eldridge, Pat Wolfe, Mitch Meredith, Mark Larkey, Joe Grandy.Other County CommissionersOthers present: Bobbye Webb, Jeff Keeling, Charles Steagall, John Rambo, Brenda Sneyd, Lee Chase, Heather Richardson, Richard Lovette, Karen Sells, Kathy Storey, Ginger Jilton, Jack Daniels, Karen Guinn, Gearld Sparks, Doyle Cloyd, Alpha Bridger, Frank Bolus, Nate Morabito, Ed Graybeal, Gary Anderson, Pete Speropulos, Johnny Deakins, Scott Buckingham, Connie Sharp, Joe McCray, Pat Beard, David Shanks, Connie Sinks, Willie Shrewsbury, Sam Phillips, Mark Ferguson, Greg Matherly, Richard Matherly, Patrick Littleton, Charles Baines, Leighta Laitinen, Lusetta Slagle, Ron Dykes, Beverly Thomas, Keith Ervin.

Mayor Eldridge called the meeting to order at 9 a.m. and opened with prayer.

He then yielded the floor to Commissioner Mark Ferguson. Mr. Ferguson said he wanted to address concerns he had that Washington County's financial situation was being misrepresented in the media and through statements made by Mayor Eldridge, particularly concerning the fund balance. Mr. Ferguson said he wanted to make sure he fully understood the finances.

He referred to a fund balance of more than $9.2 million as of January 31. He said nearly $2.7 million was taken from that amount to balance the current (2011 fiscal year) budget still left the county with more than $6.4 million. Mr. Ferguson also referred to an additional $2.5 million, though, that is part of the fund balance, leaving more than $8.9 million in the general fund balance.

Mr. Ferguson said he wanted to look not just at the general fund balance, but at all county fund balances, and relate them to the recent Washington County audit. He first mentioned the debt service fund balance, which totaled more than $7.2 million as of January 31. Mr. Ferguson also mentioned a $2.2 million highway fund balance, a $523,000 solid waste fund balance and a $284,000 capital projects fund balance.

“So overall, after we took out $4,062,000 to balance this year's budget, we're still sitting here with $19,118,538.18,” Mr. Ferguson said.

Mr. Ferguson said there had been “a lot of talk about where we're at for next year,” and he said the county doesn't know where it is for next year until it sees how much money comes back from different departments spending less than they had budgeted. He said there was a possibility not all of the money taken out of the fund balance to balance this year's budget would be used.

Mr. Ferguson then said that the debt service fund balance was exactly the same at the end of January as it was at the end of last June. He said the general fund balance was also nearly identical.

“The point I'm trying to make is, there is not a commissioner here, or a county official here, that don't realize we're in a tough economic time... We've got virtually the lowest growth we've ever had if not zero growth. We all know that. And we've heard Charles (independent auditor Charles Steagall) say we've got to be more conservative. We need to cut back, we don't know what the future holds and we've really got to watch what we're doing... but we're not broke.

“There's some things that really concern me and really bother me, and I would hope that it would

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bother this budget committee. Because we're all commissioners, we've all got constituents we have to answer to, and we're all held accountable for the way we spend the taxpayers' money.”

Mr. Ferguson then said that over the past five months, he believes a picture has been painted in the media of the county that is inaccurate. He read one sentence from a Jan. 18 Jonesborough Herald and Tribune article, a quote from Mayor Eldridge, that the commission in 2010 “depleted the fund balance to the point of not having any available funds.”

He then read the entire paragraph from the article, in which Mayor Eldridge said the county had gotten into a mode of deficit spending over the past three years. Mr. Ferguson said he learned of the article from a business owner, who had that section underlined. He said he then read it himself and told the person it was not a true statement (about the fund balance not having any available funds).

Mr. Ferguson said he told the business owner the commission had never once spent any money contrary to the opinions delivered by Blackburn, Childers and Steagall, the independent auditors.

“I'm constantly defending a doom and gloom cloud cast over this county, that we're broke,” Ferguson said. “And Mayor, I take offense to this. There's nobody that wants to get the truth out to the public any more than I do...

“If you all really want the citizens of this county to know the truth about our finances, you will print a retraction to what's been in this paper for the last five months. I think I've made my point.”

The committee then approved two requests from the Washington County Sheriff's Department for budget transfers — one to purchase bullet proof vests (see attachment 1) and a second to [purchase a S.W.A.T. van (see attachment 2). The vest transfer involved $16,665.50 being transferred from the Reserved Bullet Proof Vest Grant to the Sheriff's uniform budget line item. The van purchase involved transfer of $55,000 from the Drug Fund's undesignated fund balance to the Drug Fund Budget line item.

The first resolution was passed unanimously after a motion from Pat Wolfe and a second from Joe Grandy:

“Resolved that the Washington County Board of County Commissioners authorize the Washington County Sheriff's Department to transfer $16,665.50 from the Reserved Bullet Proof Vest Grant (34986) to budget line item 54110.451 (Uniforms) for purchase of replacement vests.”

The second motion passed unanimously after a motion from Joe Grandy and a second from Mitch Meredith:

“Resolved that the Washington County Board of County Commissioners authorize the Washington County Sheriff's Department to transfer a total of $55,000 from the undesignated fund balance of the Drug Fund to line item 54100.718 in the Drug Fund Budget for purchase of a S.W.A.T. van.”

The committee then heard a report from Director of Schools Ron Dykes about the schools' finances and the pace of sales tax revenues (see attachment 3). Mr. Dykes said through seven months, sales tax revenues were $301,000 above last fiscal year's figures. School finance director Beverly Thomas acknowledged that this revenue level, though, is nearly the same as the figures the system had budgeted for this year as it had anticipated some improvements in retail sales.

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Washington County Library Director Pat Beard then presented the committee with a request to add money to two line items based on revenues from donations and from lost material payments (see attachment 4). The request was for $950 in donations to be transferred to line item 56500-429, Instructional Supplies and Materials, and for $81 in lost materials to line item 56500-432, Library Books.

Mitch Meredith made a motion, seconded by Joe Grandy, that passed unanimously:

“Resolved that the Washington County Board of Commissioners authorize the Washington County Library to transfer $950 from donation proceeds to line item 56500-429, Instructional Supplies and Materials, and to transfer $81 in lost materials revenue to line item 56500-432, Library Books.”

Highway Superintendent Johnny Deakins then briefed budget committee members on a $20,000 internal transfer he had completed within the last month to bolster his department's budget line item for light vehicle parts.

The committee then heard a request from Election Administrator Connie Sinks to transfer funds from a $10,000 state HAVA grant to the Election Commission's rental budget line item. The grant funds were for rental of 10 voting machines during the 2010 elections.

After a motion by Joe Grandy and second by Mark Larkey, the committee unanimously approved the following resolution:

“Resolved, that the Washington County Board of Commissioners authorize the Washington County Election Commission to transfer $10,000 from the “Other State Grants” line item, 46980, to the rental line item, 51500.351, for the renting of 10 voting machines during the 2010 elections.”

Ms. Sinks then briefed committee members on a pending requirement — based on a state law passed a couple of years ago — for Tennessee counties to use optical scanning systems and paper ballots for elections. She said counties had been given a grace period and allowed not to implement the change for the 2010 elections, but that unless the law is repealed, it will be required for the 2012 elections.

The result, Ms. Sinks said, will be additional costs to the county of nearly $263,000. She said the change would also render worthless to the county the voting machines it spent several hundred thousand dollars on just a few years ago, machines Ms. Sinks said work very well. She detailed the costs, and her concerns about optical scanning systems, which the county used a number of years ago, and requested that the budget committee recommend to the full County Commission passage of a resolution requesting that the Tennessee General Assembly repeal the law.

Mark Larkey made a motion, seconded by Joe Grandy, that the Washington County Commission approve a resolution seeking repeal of the Tennessee state law requiring the change to optical scan voting. The motion passed unanimously.

The committee then heard a presentation from Washington County Agricultural Extension office's Connie Sharp about a pending cut to the office's budget in its state funding. Ms. Sharp said the state plans to eliminate two Washington County positions in its new state staffing plans, a horticulture specialist and an ag agent.

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Ms. Sharp said the ag agent slated to be cut is John Hamrick. She detailed the many duties he fulfills, from work with greenhouse producers and farmers to educational activities with local 4-H and FFA students. She also reviewed for committee members the impact agriculture has on Washington County, including a 2010 economic impact of nearly $52 million.

Ms. Sharp said the state has agreed to pay Hamrick's position for the 2012 fiscal year if Washington County is willing to pick up half of his salary for that year, then pay his full salary starting in the 2013 fiscal year that begins July 1, 2012. This would not involve any new money for the 2012 fiscal year, because Washington County already pays half of Hamrick's salary and benefits in a cost-sharing arrangement with the state.

The state is willing to do that, Ms. Sharp said, if the Washington County Commission signs a memorandum of understanding pledging to fund the salary starting in July 2012. Otherwise, she said, the position will be cut at the end of this fiscal year. The MOU must be signed before May 30 for the state to agree to the arrangement. The cost to pick up the other half of Hamrick's salary and benefits, if accepted, will total about $32,275.

Joe McCray of the Extension Office then outlined some of the budget sacrifices the office has made over the past few years. County Commissioner Greg Matherly, who serves on the Agriculture Committee, said the extension office in general and Mr. Hamrick in particular add a great deal of value to the county in what they do.

Mayor Eldridge said he had been receiving many telephone calls over the past few weeks about the impact Mr. Hamrick has on the lives of a large number of Washington Countians through his job duties. Budget committee members agreed to study the proposal and try to make a decision at their March meeting.

The committee then heard some updates on Washington County's financial situation from Mayor Eldridge. He said he wanted to provide further information in addition to that he provided at the January meeting regarding the history of the past decade's spending and fund balances.

Mayor Eldridge presented a slide showing that the General Fund's spending had grown by 69 percent over the past decade, while the fund balance had grown by just 40 percent. Now that revenues have become stagnant, the county risks further eroding the fund balance to meet expenses, unless budget cuts are made. The current fiscal year's budget, in fact, will use more than $2.5 million of fund balance if the budgeted figures are expended.

Mayor Eldridge said because the fund balance is not a static amount, but in fact fluctuates through the fiscal year — growing mostly during December and February as property tax revenues come in and declining during other months — it can reach a tipping point during the year that could force the county to engage in what is known as “revenue anticipation borrowing.”

“The general fund for Washington County is basically our checking account,” Eldridge said.

He said during the 2009-2010 budget year, the fund balance went as high as almost $17 million in February 2010, but also dipped as low as $6.7 million in May. During the current fiscal year, he said, the fund balance's low point so far has been $5.2 million in November — compared to nearly $8.0 million in November 2009.

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“This is all about cash flow,” Eldridge said. “The fund balance itself is not a savings account. We don't maintain $12 million in cash in the fund balance every month of the year... The concern that I've got is that we all recognize that at $5.2 million, which includes the $2.5 million cushion, the cash flow reserve that we say we aren't going to touch, if we take this cushion out that leaves us $2.7 million in the fund balance in November. The problem with that is, that's not even one month's expenses.”

Mayor Eldridge said the county took $2.8 million out of the fund balance this fiscal year to balance the budget.

“If we don't change a thing; if our revenues stay the same, and if our spending stays the same, next year we will drop below the $2.5 million (in the lowest cash flow month of the year),” Eldridge said.

He said that would trigger revenue anticipation borrowing, which he said would be devastating to Washington County's bond rating. The current rating from Moody's is AA2, which is investment grade and allows the county to get excellent interest rates on its $160 million worth of debt.

“It is crucial we maintain that credit rating, because if for some reason we have to go back to the bond markets to borrow more money, our borrowing cost is going to go up dramatically if we lost that investment-grade credit rating. A great way to put that credit rating in jeopardy is to do revenue anticipation borrowing.”

He said Washington County hasn't had to resort to revenue anticipation borrowing since about 1985. Since then, he said, the county has been very focused on building its fund balance to avoid a repeat of that.

“That's what we're guarding against,” Mayor Eldridge said. “We cannot maintain status quo and not dip into that last $2.5 million reserve we have and trigger revenue anticipation borrowing. We either have to increase revenues or decrease expenses — one or the other.”

Commissioner Ferguson interjected, and said it seems to him like it would be hard for the Commission to pick out a month like November and decide this is the situation the county is in based on that month.

“That's why I'm saying until the year is closed out, you don't really know where you stand,” Ferguson said.

“We're dealing with cash,” Eldridge replied. “The numbers we're looking at here are cash balances, and regardless of what the balance sheet says we have, we're focused on actual cash flow, and we can't spend cash we don't have.”

“I understand,” Commissioner Ferguson replied. “But the audit sort of speaks for itself.”

“It does,” Mayor Eldridge said. “The problem is, the audit speaks for our circumstances on June 30, not at any other point in time.”

“Nine months later, I just went over it, our circumstances are virtually the same,” Ferguson said.

“It is,” Eldridge said. “However, from June 30 through November 30, we had very little in revenue and lots of expenses. That's where the cash continues to drop every month.”

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“I understand,” Ferguson said, “but until you get December and February's revenue in I don't know how that you can make a determination where you're at.”

“It won't matter if you run out of cash in November,” Eldridge said. “I don't care what happens in December and February if you run out of cash...”

“We didn't run out of cash in November,” Ferguson interjected.

“We didn't,” Eldridge replied. “Exactly, we did not. Mark, the whole point I'm trying to make here is, we have to act in a manner that prevents us from ever being in a position where that could happen.”

“I support that 100 percent, Mayor,” Ferguson said. “What I don't support is the fact that we're broke. I don't think the figures show that. I've said enough — carry on.”

Mayor Eldridge then moved on to a chart that shows the county's 10-year history in debt service fund. The chart shows that while the county's total debt has increased from $47.5 million in 2001 to $159.2 million in the current fiscal year, the debt service fund balance has stayed almost the same — $7,168,983 in 2001 and $7,219,431 currently. This means the fund balance represented 15 percent of the total debt in 2001, whereas it represents 4.5 percent of the total debt now.

Mayor Eldridge also said this year's debt service revenues are expected to fall short of debt service expenses by about $60,000 this fiscal year, which would decrease the debt service fund balance by that amount.

Commissioner Joe Grandy then pointed out that a large portion of the county's payments on its debt involves interest-only. Mayor Eldridge said that is correct, and that the largest portion of debt, that for the Justice Center and two new schools, will remain interest-only until about 2018.

Commissioner Wolfe said the reason for that was that in the 2007 bond issuance for those buildings, the county “debt-leveled.” To keep the debt service requirement flat “without big peaks and valleys,” Wolfe said, the Commission chose a course with some years when there will be more interest portion than others.

Mayor Eldridge said that was also done to minimize the tax increase necessary at that time.

“Right,” Commissioner Wolfe said. “That was the purpose.”

Mayor Eldridge said the big unknown for the county is what is going to happen with revenue. He said so far this fiscal year, the county is now projecting about $430,000 less than budgeted.

“For us to think that there's some pot out there that's going to offer great relief to these circumstances that we're dealing with, folks, I'm sorry,” he said. “I don't think it's realistic. And I think the bottom line is, in Washington County we will have to learn to do more with less.

“The prospect for meaningful increases in revenue for the foreseeable future just is not there.”

Mayor Eldridge said he believes the facts clearly show that spending at the current year's levels, assuming that revenues are going to be the same, “quickly takes us to a point that we are in big

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trouble.”

Commissioner Meredith agreed, saying the same approach will “start causing that red light to flash, just like it would at home. Your savings account starts getting a little low, and it's time to do something different.”

Property Assessor Scott Buckingham asked if the Mayor's requested budget cuts are “unreachable” for county departments.

Mayor Eldridge said the circumstances the county faces “are absolutely manageable.

“I don't want us to think, though, that we're going to accomplish this without making any changes.”

Sheriff Graybeal said he knows “we have to face reality,” but he said he can't find anything in his budget that isn't essential to the citizens of Washington County, and he does not want to “step backwards” with respect to services.

Commissioner Wolfe said Washington County has “been a blessed county.”

“We've been blessed with people being willing to pay the property taxes every year,” Wolfe said. And people expect services and that's what I think all department heads are providing... We've been blessed, we're not broke, but we've got to watch what we're doing because we cannot jeopardize bond ratings, liquidity — we've got to maintain adequate reserves and we've got to watch what we're doing expense-wise.”

The meeting adjourned at 11 a.m.

The following resolutions were passed during the course of this meeting:

“Resolved that the Washington County Board of County Commissioners authorize the Washington County Sheriff's Department to transfer $16,665.50 from the Reserved Bullet Proof Vest Grant (34986) to budget line item 54110.451 (Uniforms) for purchase of replacement vests.”

“Resolved that the Washington County Board of County Commissioners authorize the Washington County Sheriff's Department to transfer a total of $55,000 from the undesignated fund balance of the Drug Fund to line item 54100.718 in the Drug Fund Budget for purchase of a S.W.A.T. van.”

“Resolved that the Washington County Board of Commissioners authorize the Washington County Library to transfer $950 from donation proceeds to line item 56500-429, Instructional Supplies and Materials, and to transfer $81 in lost materials revenue to line item 56500-432, Library Books.”

“Resolved, that the Washington County Board of Commissioners authorize the Washington County Election Commission to transfer $10,000 from the “Other State Grants” line item, 46980, to the rental line item, 51500.351, for the renting of 10 voting machines during the 2010 elections.”

Respectfully submitted,

Jeff Keeling

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WASHINGTON COUNTY, TENNESSEE

BOARD OF COUNTY COMMISSIONERS

RESOLUTION No. 11-01-

RESOLUTION URGING THE REPEAL

OF THE TENNESSEE VOTER CONFIDENCE ACT

WHEREAS, the appealingly-named Tennessee Voter Confidence Act was

enacted in 2008 and included sweeping requirements to the method of election in

counties throughout the state of Tennessee; and

WHEREAS, the Act requires all 95 counties to discard electronic voting

machines in favor of paper ballots, but the Washington County Election Commission

and the election administrators across the state have indentified serious

consequences resulting from this legislation; and

WHEREAS, the implementation of this Act will cost Washington County in

excess of $200,000, as the county must now purchase paper ballots from a limited

number of vendors. This will be a recurring expense that will make elections

dramatically more expensive. The required reliance on a limited number of outside

private vendors for proprietary optical scanning ballots and election methods will

shift the ability to conduct elections from the local election commissions to near-

monopoly vendors. Making local election commissions too reliant upon vendors to

conduct local elections is contrary to the public welfare; and

WHEREAS, the current electronic voting system has proven itself reliable and

user friendly. Experience has not shown the optical scanning equipment to be more

secure than the electronic machines now utilized in Washington County; now

therefore

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF

WASHINGTON COUNTY, TENNESSEE THAT:

SECTION 1. The Washington County Board of County Commissioners urges

the Tennessee General Assembly to repeal the Tennessee Voter Confidence Act of

2008, and further requests the legislative delegation of Washington County to lend

their support and vote to this law’s repeal.

SECTION 2. The County Mayor is requested to publish this resolution to

Representatives Matthew Hill and Dale Ford and Senator Rusty Crowe.


Introduced by Commissioner:

Seconded by Commissioner:

Commissioners Voting FOR Resolution:

Commissioners Voting AGAINST Resolution:

Commissioners NOT VOTING:

Commissioners ABSENT:

ADOPTED BY THE COUNTY LEGISLATIVE BODY, in session duly assembled, on

this the 28th day of February 2011.

KATHY STOREY, County Clerk DANIEL J. ELDRIDGE, County Mayor

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RESOLUTION TO APPROVE THE ACCEPTANCE OF GRANTS FOR PROJECTS AT THE TRI-CITIES REGIONAL AIRPORT,

TN/VA

WHEREAS, Federal Fiscal year 2011 grants may become available from the U. S. Department of Transportation, Federal Aviation Administration to the Tri-Cities Airport Commission for airport improvements to the Tri-Cities Regional Airport, TN/VA; and

WHEREAS, airport owners are required to formally accept said grants and

authorize execution of documents relating thereto; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, TENNESSEE THAT:

Section 1. The Board of County Commissioners, as an owner of the Tri-Cities Regional Airport, hereby authorizes the Tri-Cities Regional Airport Commission to enter into grant agreements with the United States of America, acting through the Federal Aviation Administration, for the purpose of obtaining federal funds to be used for capital projects at the Tri-Cities Regional Airport.

Section 2. That the Mayor is hereby authorized to sign any and all

documents necessary to approve and accept said grants for capital projects at the Tri-Cities Regional Airport, TN/VA.

Introduced by Commissioner: Seconded by Commissioner: Commissioners voting FOR adoption of the Resolution: Commissioners voting AGAINST adoption of the Resolution: Commissioners NOT VOTING: Commissioners ABSENT: ADOPTED BY A MAJORITY OF THE COUNTY LEGISLATIVE BODY, in session duly assembled, on this the 28th day of February 2011. KATHY STOREY, County Clerk DANIEL J. ELDRIDGE, County Mayor

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Solid Waste CommitteeMeeting Minutes

February 7, 2011

4:00PM

Committee Members Present: Roger Nave, Evert Jarrett, Richard Matherly, David Shanks and David Tomita

Others Present: Charles Baines, Bobby Williams and Martin Johnson

Meeting called to order by Chairman Shanks at 4:00 P.M.

Motion made by Richard Matherly and 2nd by Roger Nave to approve the minutes from the January meeting. Motion Passed.

Charles Baines gave the monthly solid waste report. Trash tonnages were down from January.

The annual recycling report was discussed. Recycled materials tonnages were down, but the revenue for the year was up. (see attached)

The solid waste budget for 2011-2012 was discussed. The committee will look over the budget at March meeting.

Committee members discussed the issue of solid waste paying for disposal and rental fees on dumpsters for other buildings and offices. Charles Baines will meet with the Mayor and Bobbye Webb to look into this matter before the new budget.

Chairman Shanks passed out the new county vehicle policy that’s being proposed by the Mayor.

Being no further business, motion was made by Richard Matherly and 2nd by Roger Nave to adjourn.

Meeting adjourned at 4:50 P.M.

Minutes respectfully summited and recorded by:

Charles Baines

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WASHINGTON COUNTY2010 ANNUAL RECYCLING REPORT

Material Tons Revenue

Paper 261.65 $18,582.10 Cardboard 653.04 $90,037.24 Plastic 55.52 $2,643.60 Metal 671.63 $162,264.30 Glass 51.7 $- Used Oil 63.78 $2,149.00 Antifreeze 3.09 $- Tires 724.47 $- Batteries 8.13 $3,120.22 HHW 8.18 $- E-Waste 82.25 $2,178.27 Freon Gas 0.35 $- Paint 15.2 $- Total 2,598.99 $280,974.73

**This material going in landfill would have costthe county $90,340.89 in tipping fees.2,598.99 tons @ $34.76 = $90,340.89

Revenue $280,974.73 Savings $90,340.89

Net Savings $371,315.62

2009 TotalsTons 2,815.61Revenue $198,249.19

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General Health & Welfare CommitteeMeeting Minutes

February 9, 2011Commissioners Present: David Tomita Joe Sheffield

Joe Grandy Alpha Bridger

Others Present: John Rambo Heather RichardsonKaren Sells Preston McKeeCommissioner David Shanks Larry ChildersNancy Shilling – Franklin Woods Hospital

Absent: Pat Wolfe Mike Rutherford

Discussion was opened regarding pauper burials and procedures. Sherry Greene passed out a proposed procedure that she, Preston McKee (Morris Baker) and Larry Childers (Hamlett-Dobson) had drafted over the last couple of weeks. This procedure doesn’t change our current basic policy on the county’s participation in pauper burials, it simply addresses the issue of centralizing the dispatch of cases. Attorney John Rambo made the statement that we would need to verify that the next of kin was in approval of a cremation. Ms. Greene said that she would revise the current affidavit used to reflect the family’s approval. Commissioner Grandy made a motion to accept the procedure as drafted and Commissioner Sheffield seconded the motion. All yes vote.

Mike Rutherford was at the meeting, but had to leave. Mr. Rutherford did distribute information on various zoning issues:

Oak Timbers Road – after discussion of the situation, it appeared that Mr. Hilton needed a container from Solid Waste to finish the cleanup. All committee members agreed to have a container sent out to the property.

108 James Ammons Road – This file is complete and will be closed.

358 Bumpass Cove Road – As of today, the property owners have not complied with the violation notification. Attorney Rambo will file litigation for compliance.

150 Woodridge Road – This property is in foreclosure. Attorney Rambo will bring an update on the property at the March meeting.

Other business: There was a request for a noise resolution at a previous meeting. Commissioner Grandy stated that this would be difficult to monitor and measure. The committee agreed that they had no interest in pursuing it at this time.

Motion was made by Joe Sheffield to adjourn, seconded by Alpha Bridger.

Meeting adjourned.


Sherry Greene

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WATER TASK FORCE COMMITTEE MEETING, FEBRUARY 14, 2011 THE WASHINGTON COUNTY WATER TASK FORCE COMMITTEE MET IN THE ZONING OFFICE CONFERENCE ROOM AT 5:00 PM ON FEBRUARY 14, 2011. Attendees were: Pat Wolfe, Jerry Chatman, Rick Blankenship, Victoria Rogers, Mike McCracken, Tom Witherspoon, Marion Light, Joe Grandy, Mike Rutherford, David Shanks, Ben Bowman, John Abe Teague, and Jeff Keeling. The Bulldog Miller road project was discussed. It currently is awaiting approval by Semone Burleson, expected by 2/24/11. After the approval is signed, Jonesborough will advertise for material bids. Work should begin as soon as the needed pipe is received to install. The committee reviewed the project rating criteria, and decided to further study it until the March meeting. Committee members had met with Kingsport water officials since last meeting on the Lady Lane project at Fall Branch. They are looking at looping the line for increased pressure. Also, they are discussing if a commercial project comes in, how many residential taps will a commercial tap count as. The water tap map showing all of the county’s district lines continues to be updated by Mr. Rutherford. congressman roe will have a regional meeting to unify strategy for extending water at 8:30 am on February 25, 2011, at the Higher Education Center on Revere Street in Kingsport. Old business projects on Peake Road, Pleasant Valley Road, and Ford’s Creek Road were updated. All are being either finished or studied further. The meeting adjourned at 6:00 pm. There were no resolutions for Commission approval at this time. Submitted by Pat Wolfe

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WASHINGTON COUNTY PUBLIC RECORDS COMMISSION FEBRUARY 3, 2011 REGULAR MEETING MINUTES

Summary of Minutes

Meeting was called to order at 5:00 p.m. by Chairman Sam Humphreys.

Roll Call – Members Present: Sam Humphreys, Alpha Bridger, William Kennedy, Gene Hurdt, Ned Irwin, Kathy Storey, Ginger Jilton Staff Present – Jeff KeelingOthers Present: Shelia Steele-Hunt, Chad Bailey, Pat Beard, Heather Richardson, Karen Sells

Chairman Humphreys introduced Shelia Steele-Hunt, director of Sullivan County's Archives and Tourism Department. Ms. Hunt presented a Power Point slide show that detailed Sullivan County's experience in planning and establishing its archives, starting with the re-establishment of the County's Public Records Commission in 1995 and running through a multi-year study that resulted in the Archives' establishment in 2004.

Ms. Hunt discussed issues ranging from building and staffing considerations to the process by which records pass from the custody of particular county officeholders to that of a county archives. She reviewed, frankly but encouragingly, the many challenges that are faced when taking on this process. Ms. Hunt also talked about the importance of volunteers and the great help available through the state, such as free certification training, which some of her volunteers have received over the years.

She warned against trying to rely solely on volunteers, and said in fact that two paid staff members, an archivist and an assistant, would probably be preferable to just one.

Ms. Hunt stressed that the best preparation approach with respect to the documents is to map everything out, in terms of physical location, and inventory it all before moving on to scanning and electronic formats. She also suggested at least a 5 to 10-year vision for growing room.

She mentioned that she conducts a great deal of outreach with local groups dedicated to history and other related interest areas. She said it would be helpful to have an archivist with some website skills. She mentioned that her department maintains a display room in the old Sullivan County Courthouse building that is seen by many members of the public, and that they swap out displays periodically. She said the archives draws close to 2,000 visitors a year.

Ms. Hunt summed up the process with these four main areas to cover when starting up an archives: Inventory, Building, Staffing and Funding.

Jeff Keeling then introduced Chad Bailey, an East Tennessee State University student who has volunteered to design and manage a Facebook page dedicated to promoting a Washington County Archives. Keeling explained his view that, in certain situations including the archives, “social media” websites such as Facebook could be a great way to build support.

Keeling and Mr. Bailey then put the as-yet-unpublished Facebook page up on the screen and showed members different elements of it, ending with a viewing of a 4-minute video that Keeling put together in late January highlighting some of the valuable records the county has in the courthouse basement, and reading from some of the interesting stories within.

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Ned Irwin made a motion that Mr. Bailey go ahead and make the Facebook page public and continue to manage it in coordination with Keeling. After a second from Alpha Bridger, the motion was unanimously approved.

Irwin then reviewed information he had gathered related to the estimated operating expenses for an archive, both one-time and recurring. He also reviewed the potential revenues from document filing fees that had been discussed before. Annual expenses (excluding building purchase or renovation, equipment purchases, and other one-time costs) were estimated at about $100,000 with a budget that included one full-time archivist.

Anticipated income from the document filing fee ranged from roughly $100,000 a year to $250,000 a year, depending on whether it was set at $2, $3, $4 or $5. These estimates were based on not including vehicle registrations in the fee.

Keeling also explained that a proposed resolution County Attorney John Rambo brought up at the Jan. 31 Board of County Commissioners meeting — suggesting a slight change in the state law regarding the filing fee — shouldn't be a cause for alarm or worry about the future of this potential revenue stream. Rather, Keeling explained, it was basically a housekeeping issue, with the change being designed to make it crystal clear that counties could choose to implement the fee on some documents and not to implement on others (such as vehicle tags).

In a brief discussion about facilities, Dr. William Kennedy stressed the importance of obtaining the original architectural plans to the County Office Building if it is to become the home for an archives. If those are unavailable, he said, it would probably be worth the cost of a draftsman or architect to create an as-is set of scale drawings before any work starts, in order to avoid any decisions that would have to be reversed due to architectural considerations and also to maximize the available space.

Other commissioners agreed that was a good idea, as did Ms. Hunt.

After agreeing to meet at 5 p.m. March 3 in the Washington County Office Building, the commission adjourned at 6:45 p.m.


Jeff Keeling

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Washington County Commission

Minutes of Commerce, Insurance & Agriculture Committee MeetingFebruary 7, 2011

Members Present: Greg Matherly, Ken Lyon, Mark Ferguson, Richard Shadden, David Shanks

Significant Guests Present: County Attorney John Rambo, Scherry Graham and Amy Miller with MSHA, Jon Manfull with Mark III, Michelle Shelton Stewart with the highway department, Commissioner Roger Nave, Commissioner Pat Wolfe, Sherry Greene with mayor’s office, Charles Steagall representing Blackburn Childers and Steagall. Willie Shrewsbury with county purchasing, Bryan Sangid with Wilson Pharmacy.

Chairman Ferguson called the meeting to order.

John Manfull with Mark III gave a presentation about their services as an employee benefit consultant. They provide guidance, monitoring, and bid oversight and development of employee benefit plans. Mark III provided a list of clients and a written presentation. Their cost is approximately 1% of plan or a per month per enrollee fee can be considered.

Chairman Ferguson stated Humana could not attend and ask about a meeting time for a workshop with Humana. The committee agreed to meet on Monday, February 21 at 5:30 as a workshop date. Sherry Greene will take care of appropriate notices.

Scherry Graham and Amy Miller (MSHA) gave an update on the wellness health program. The committee agreed to begin the process of development of options of either a monetary incentive or possible increase enrollment fee reimbursement for enrollment and usage of the wellness center. July 1 was set as a target date. It is hopeful that a move toward Health Savings Account can be made through these incentives. A new employee survey will be conducted by MSHA to determine possible needs and usage of the wellness center.

Commissioner Ferguson brought up the fact that NACo dues had not been paid by the Mayor’s office and the county received the following benefits from membership in that organization.

1. Health Insurance Cards were issued free to the public and had saved county residents over $300,000.00 from usage the past four years.

2. Lobbying efforts for Federal Land Tax Reimbursement to the county had yielded $11,000.00 to $24,000.00 in the past four years. Additional federal tax sharing program funds were cited as received by Washington County in the

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Participation and Membership Benefits Report-Washington County Tennessee.

3. NACo serves as a clearing house for grants.4. Greg Matherly stated that NACo was connected to the employee 457

retirement program provided by Nationwide and ING.NACo is now carrying us and has not dropped Washington County but will

discontinue membership and benefits in March. There was a discussion about getting more information and specifics from NACo and Commissioner Lyons agreed to look into matter. Commissioner Ferguson moved to pay the dues. A second was made by David Shanks and the motion passed with Commissioner Lyons abstaining. Commissioner Lyons will obtain more NACo benefit information and get back to the committee.

County Attorney John Rambo introduced deficiencies found in the audit with the retired employee health benefit policy. The policy allows the employee to retire and be paid 25% of their health insurance at the COBRA rate for the employee and their spouse until age 65. The county does not have this benefit listed in their handbook. Charles Steagall (Blackburn, Childress and Steagall) stated this was not disclosed in the audit and a study was needed and necessary to determine the long term benefit obligation to the employees by the county. Attorney Rambo also brought up the possibility of an early retirement incentive package that might include a retirement benefit. A discussion ensued about what possible actions should be considered by the committee. Discussions were tabled until the March meeting.

Commissioner Matherly stated that employee handbooks (different in all departments) needed to reviewed and revised.

Property and Causality Insurance was discussed. This is a bid process every three years and occurs this year. Willie Shrewsbury with county purchasing will develop the bid packet. A discussion ensued about the possibility of bidding the property insurance and the workman’s comp together and separate from the property insurance.

Chairman Ferguson moved to adjourn and Commissioner Shadden seconded and the committee agreed to adjourn.

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Public Safety Committee Minutes

February 8, 2011 A meeting of the Washington County Public Safety Committee was held on Tuesday, February 8, 2011, at 6:00pm at the Washington County Courthouse, 2nd Floor Conference Room. Committee members attending: Roger Nave, Sam Humphreys, Mitch Meredith, Sam Phillips, Peter Speropulos Committee members absent: none Other Officials attending: Mayor Dan Eldridge, Sheriff Ed Graybeal, Commissioner Mark Ferguson, Commissioner Greg Matherly, District Attorney General Tony Clark Chairman Roger Nave called the meeting to order at 6:00pm. Commissioner Speropulos moved for approval of the January 11, 2011 minutes. The motion was seconded by be Commissioner Humphreys and unanimously approved. Sheriff Graybeal requested that the committee recommend to the budget committee the use of $55,000 of the undesignated fund balance of the Drug Fund for the purchase and equipping of a S.W.A.T. van. Sheriff Graybeal also requested that $16,665.50 be used for the purchase of replacement bullet proof vest. The funding is to be provided from the reserved Bullet Proof Vest Grant. Commissioner Phillips moved to recommend both request to the budget committee. The motion was seconded by Commissioner Speropulos. Passed unanimously. Chief Laitinen updated the committee on the issue of shower curtains in the D-pod section of the Detention Facility. There is no requirement from the Tennessee Corrections Institute to provide shower doors or curtains in Tennessee correctional facilities. Commissioner Phillips moved to table the matter. The motion was seconded by Commissioner Speropulos and passed unanimously. Chairman Nave opened discussion on reserved parking at the George P. Jaynes Justice Center and requested that 14 spaces be set aside for use by the District Attorney General and his staff. After significant discussion of parking at the Justice Center including the spaces reserved for the Clerk & Master, the Sheriff’s staff and the fenced area for the judges, the Attorney General’s described his need for his staff to transport volumes of files from other offices to the Center for Court proceedings. Commissioner Phillips moved that seven (7) spaces be designated for the use of the Attorney General and his staff. Motion was seconded by Commissioner Humphreys and was unanimously approved. Chairman Nave opened discussion of space utilization within the Justice Center. Commissioner Humphreys moved that the County Owned Property committee review the efficient and effective use of the Justice Center office space, specifically unused space that could be utilized by the District Attorney General’s office, and report back to the Public Safety committee on its findings. Motion was seconded by Commissioner Speropulos and was unanimously approved.

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Chairman Nave opened discussion on other concerns about the District Attorney General’s office. Chairman Nave requested that the Mayor investigate the feasibility and costs of adding an external door to the DA’s office. No other action taken. Chairman Nave opened discussion on panic buttons and location of notification panel in the Washington County Courthouse. The notification panel is currently located in the old jail area and is not readily viewable by Washington County Courthouse Deputies. Concern was also expressed that all appropriate offices have accessible panic buttons. Commissioner Phillips has extensive knowledge of the system and the location of panic buttons and noted that the Zoning office’s panic button is actually located in their conference room. Chairman Nave requested that the Mayor review the panic button system and report back to the Committee. Chairman Nave opened discussion on the failure of some Volunteer Fire Departments to properly complete monthly water usage reports for the Town of Jonesborough. Commissioner Nave strongly encouraged all departments to report as requested by the Town. Failure to report creates a problem for the Water Department in that it exaggerates their water loss and could subject them to regulatory action by the State of Tennessee. No further action was deemed necessary at this time. Chairman Nave opened discussion of unsupervised, youth motorcycle riders and invited Mr. Charles Ferguson, 142 L.C. McKee Road, to address the committee on the problems being created in his neighborhood. After much discussion, Sheriff Graybeal invited Mr. Ferguson to testify in a Department of Children’s Services hearing, to which Mr. Ferguson agreed. No action taken by the committee. Chairman Nave opened discussion of the need for traffic calming in Ridgeview Meadows Subdivision by inviting Rick Cheek, Ridgeview Meadows Homeowners Association President and Dave Shipley Ridgeview Meadows Homeowners’ Association Secretary to address the committee. After significant discussion, Mr. Cheek offered to install traffic calming devices at the Homeowners’ Association expense. Commissioner Humphreys made the motion that this committee support the resolution of this safety issue and recommend to the Public Works committee that they work with the Homeowners’ Association to arrive at an acceptable solution. Commissioner Speropulos seconded the motion. Motion approved. The Committee’s next scheduled meeting is Tuesday, March 8, 2011 at 6:00pm in the 2nd floor conference room of the Washington County Courthouse. There being no further business, the meeting was adjourned at 7:32pm. Respectfully submitted, Mitch Meredith, Secretary

85

Public Works and Planning Committee February 8, 2011 Meeting Report

A meeting of the Washington County Public Works and Planning Committee was held on Tuesday, February 8th at 1:00 p.m., in the conference room of the Zoning Administrator, Mike Rutherford.

Commissioners Gerald Sparks, Evert Jarrett, Richard Matherly, Doyle Cloyd and Mark Larkey were present.

Others in attendance were John B. Deakins, Jr., Leslie Higgins of 911, County Attorney John Rambo, Commissioners Mark Ferguson and David Shanks, Zoning Admin. Mike Rutherford, Chris Pape of the Zoning Dept., County Engineer Todd Wood, Ms. Mary Hazen, Mr. Mike Hickie, Ms. Sheri Nottke, Ms. Susan Gibson, and Sherrie Stalcup.

Chairman Gerald Sparks called the meeting to order at 1:00 p.m.

Item #1: Ms. Mary Hazen spoke to the committee concerning Little Limestone Creek along Miller Street off State Route 34 in Limestone. A large tree has fallen across the creek diverting the water undermining of the road. Commissioner Jarrett asked Mr. Deakins to take a look at this request.

Item #2: John Rambo, County Attorney addressed the committee concerning B H Graybeal Lane off Riverview Road. He told the committee that he had asked Todd Wood, County Engineer, to take a look at B H Graybeal Road and see what it would take to do a comprehensive review of the road to fix some complaints that we have had – as everyone knows there’s pending litigation related to it or condemnation and that is to widen the road. Everyone knows the whole history about the condemnation – it just seemed that now is the time, even with the case pending that we should take a look at the entire road to see what needs to be done to fix the complaints that have arisen during the process and the one that was expressed to Mr. Rambo and he asked the engineer to look at for sure the complaints related to the sight and the curve that goes down to the back part of the property. While we were out there we also learned that the right-of-way gets into a carport. There are different things about the road that doesn’t make a whole lot of sense and that is why I asked the County Engineer to look at the whole thing as far as the right-of-way and come up with some ideas to present to the public works committee and to Mr. Deakins and for the people who live out there what they think of the proposal to do for improvements to do to all of B H Graybeal Road. Length of road is 2215 feet.

Mr. Wood presented a power point presentation for the committee to show a couple of options. He told the committee that he noticed that there were several different widths of the road that varied from 13’ to 18’. The road needs to be at least 18 feet wide for two cars to pass. First improvement is when you first come in off of Riverview onto B H Graybeal there is a little bit of widening needed on the left. Second improvement is providing access from the driveways on the right side of the road to B H Graybeal. Also, as you continue down B H Graybeal there is a carport that is encroaching on the right-of-way – I’m proposing that the r-o-w be shifted over to the right a little bit so there is not a structure in the public r-o-w. At the start of the curve and going down the hill the sight distance is not very good Proposing at the start of the curve swing the road over

86

on the Whittamore property to take out the sharpness of the curve then swing it back to the Gray property to improve the safety of it, also there is a guardrail proposal. Continuing on down the hill, a little widening is needed and some branches need to be trimmed back along with a turn around for a public road.

Mr. Mike Hickie (who also represents the Nottkes and the Whittamores) also had a couple of suggestions. 1) Any action on this should be postponed till all property owners are notified

2) Need to wait until the condemnation litigation is settled before any work takes placeChairman Sparks told everyone that nothing will be decided at this meeting – this was for information only meeting.

Mr. Rambo reiterated that no action will be taken today because this was just to look at options for improvements to the entire road, not just Mr. Sheffield’s request for access to B H Graybeal Road. (copy of improvements attached)

Commissioner Jarrett made a motion to table this until the March meeting. Seconded by Commissioner Matherly, vote passed unanimously.

Item #3: Mr. Deakins handed out the Highway Annual Year End Report to the committee.

Item #4: Old Business – Mr. Deakins gave a copy of the deed to Mr. Rambo pertaining to the cemetery off Union Church Road. The deed shows a 10 foot right-of-way leading to the cemetery, Mr. Deakins talked with Commissioner David Shanks on this matter and he said he would notify the property owners.

Commissioner Jarrett made a motion to adjourn – seconded by Commissioner Matherly, all were in favor. The meeting adjourned at 1:55 p.m.

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S 64°32'28" E 252.70'

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Environmental Land Development

DTWood Engineering, Inc.

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412 Shade Tree Way, Johnson City, Tennessee 37604423-791-4730 [email protected]

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106.5

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91

WASHINGTON COUNTY, TENNESSEEAUDIT COMMITTEE MINUTESJANUARY 28, 2011, 11:00 a.m.

THE WASHINGTON COUNTY AUDIT COMMITTEE MET IN THE CONFERENCE ROOM, IN THE WASHINGTON COUNTY OFFICE BUILDING ON JANUARY 28, 2011, 11:00 AM.

MEMBERS PRESENT, EDWINA GREER, ODIE MAJOR, PAIGE CARTER, COMMISSIONERS MITCH MEREDITH, AND PAT WOLFE. OTHERS PRESENT WERE JOHN RAMBO, COUNTY ATTORNEY, BOBBYE WEBB, AUDITORS CHARLES STEAGALL, AND MELISSA STEAGALL- JONES. KAREN SELLS, HERALD & TRIBUNE, AND HEATHER RICHARDSON, JOHNSON CITY PRESS.

THE MEETING WAS CALLED TO ORDER BY COMMISSIONER MITCH MEREDITH AND PERSONAL INTRODUCTIONS WERE MADE.

JOHN RAMBO, COUNTY ATTORNEY, EXPLAINED THE DUTIES OF THE VARIOUS OFFICIALS AND THE OPERATION OF THE RESPECTIVE OFFICES.

MOTION WAS MADE BY PAT WOLFE, SECONDED BY EDWINA GREER TO ELECT MITCH MEREDITH AS CHAIRMAN. ALL YES VOTE.

MOTION WAS MADE BY PAT WOLFE AND SECONDED BY EDWINA GREER TO ELECT PAIGE CARTER AS VICE CHAIRMAN. ALL YES VOTE.

MOTION WAS MADE BY ODIE MAJOR AND SECONDED BY MITCH MEREDITH TO ELECT PAT WOLFE AS SECRETARY. ALL YES VOTE.

MELISSA STEAGALL-JONES, CPA REPORTED ON THE STATUS OF THE 2009-10 AUDIT REPORT.

MOTION MADE BY ODIE MAJOR TO INVITE THE MAYOR, AND OTHER ELECTED OFFICIALS TO REPORT ON THE AUDIT FINDINGS AND ANY PROGRESS BEING MADE TO CORRECT THE FINDINGS AT THE NEXT MEETING. ALL YES VOTE.

MEETINGS WERE SET FOR THE CALENDAR YEAR AS FOLLOWS.

MARCH 25, 2011 8:00 AM SEPTEMBER 30, 2011 8:00AMJUNE 24, 2011 8:00 AM DECEMBER 16, 2011 8:00AM

MEETING ADJOURNED.

92

County Owned PropertyMeeting Minutes

February 2, 2011Present: Mark Ferguson, Doyle Cloyd, Richard Shadden, David Tomita, Mitch Meredith

Others Present: Kathy Storey, Jack Daniels, Karen Sells

Meeting was called to order by Chairman, Doyle Cloyd.

Meeting opened by Chairman Doyle Cloyd asking if all had looked at the bids for the Johnson City offices. All members had. Discussion opened about the cost of renting a building being no more or even less that the current cost of the utilities at the Downtown Centre.

Motion was made by Commissioner Cloyd and seconded by Mark Ferguson to rent the space owned by Mitch Cox for five years with a five year option. Motion passed with an all yes vote.

Respectfully submitted by Mark Ferguson

93

Committee on CommitteesMeeting Minutes

February 3, 2011Present: Mark Ferguson, Doyle Cloyd, Gearld Sparks, Richard Matherly, Sam Humphrey

Others Present: John Rambo, Joe Corso, Ken Lyon, Mitch Meredith, Sherry Greene, Karen Sells, Heather Richardson

Meeting was called to order by Chairman, Mark Ferguson. Discussion was opened pertaining to the nomination of Commissioners to the Redistricting Committee. Commissioner Ferguson suggested that each Committee on Committees member nominate a Commissioner to serve on the Redistricting Committee. After brief discussion, the following Commissioners were nominated.

Greg Matherly, Alpha Bridger, Gearld Sparks, Roger Nave, Ben Bowman, David Shanks, Mark Ferguson

Motion was made by Sam Humphreys that these seven Commissioners names be submitted to the full commission for ratification at the February Commission meeting. Richard Matherly seconded the motion. All voted yes.

Richard Matherly made a motion to adjourn the meeting. Doyle Cloyd seconded the motion.

Meeting adjourned.

Respectfully submitted by Sherry Greene.

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RESOLUTION CREATING A REAPPORTIONMENT COMMITTEE

OF THE WASHINGTON COUNTY LEGISLATIVE BODY

WHEREAS, Article 7, Section 1 of the Tennessee Constitution and Tennessee

Code Annotated Section 5-1-111 requires the legislative body of the several counties of the state of Tennessee to meet for the purpose of changing the boundaries of districts or redistrict the county entirely if necessary to apportion the county legislative body so that the members represent substantial equal populations; and

WHEREAS, this reapportionment process must occur every ten years and now

must be finished by January 1, 2012; and

WHEREAS, the legislative body’s committee on committees has meet and

recommends the creation of a redistricting committee to develop redistricting plans in conjunction with the state planning office and administrator of elections and election commission; and

WHEREAS, the legislative body of Washington County, Tennessee, deems it

necessary and convenient to establish a committee of the legislative body to develop redistricting plans for the Washington County Board of County Commissioners, the Washington County Board of Education and the constables of Washington County; now therefore


WASHINGTON COUNTY, TENNESSEE THAT:

SECTION 1. A redistricting committee of seven county commissioners from the Washington County Board of County Commissioners is hereby created for the purpose of developing redistricting plans for the Washington County Board of County Commissioners, the Washington County Board of Education and the constables of Washington County. The committee is charged with developing and reporting proposed redistricting plans to the county legislative body for consideration and adoption.


Introduced by Commissioner: Seconded by Commissioner: Commissioners Voting FOR Resolution: Commissioners Voting AGAINST Resolution: Commissioners NOT VOTING: Commissioners ABSENT: ADOPTED BY THE COUNTY LEGISLATIVE BODY, in session duly assembled, on this the 28th day of February 2011. KATHY STOREY, County Clerk DANIEL J. ELDRIDGE, County Mayor

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WASHINGTON COUNTY COMMISSION

RULES COMMITTEE

MEETING MINUTES – 2/14/2011

The Rules Committee met February 14, 2011 at 6:00 at the Jonesborough Courthouse (Commission Chambers). The following were present: Chair - Commissioner Joe Corso; Secretary - Commissioner Lee Chase, Members: Commissioners Roger Nave, David Tomita, and Mark Ferguson. Guest – John Rambo – County Attorney. The meeting was called to order at 6:02 p.m.

The first order of business was consideration of the minutes of the previous meeting. Commissioner Tomita moved approval; Commissioner Nave second – MOTION APPROVED unanimously.

As first line of discussion, Chair Corso asked Commissioner Ferguson if he had any recommendations for the committee based on his tenure as a member of the Commission. Commissioner Ferguson simply stated “the rules are by and for the commissioners but the primary factor in changing them is to be sure that they are compliant with state law.”

Commissioner Ferguson did request discussion on RULE 4 A – Who May Address The Board: After discussion it was the consensus of the committee that the intent of the rule was to allow “any” board member to object to allowing non-commission members to address the board, however the committee felt the rule needed further consideration before modifying. The item will be considered at the next meeting. All members of the committee were in agreement that the practice must be closely regulated by the Mayor.

The committee also discussed the content of minutes in reports, with County Attorney Rambo offering recommendations per standards and requirements.

Old Business

Commissioner Chase raised some issues discussed at previous meetings regarding Resolutions versus Motions – specifically some potential contradictions in the rules.

Discussion focused on:

Rule 6 RESOLUTIONS 6 A – General

• All business shall be reduced to a Resolution unless a motion is permitted by these rules

• All Resolutions must be previously published to the Board by either of two methods

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6B – Preparation of Resolutions

• Must be reviewed by the County Attorney prior to its adoption by the Board

• Only county-wide office holders OR committees may request the county attorney to prepare resolutions

• Members seeking to introduce a resolution must first present the request to the appropriate committee

6C – Introduction

• Any proposed resolution may be introduced only by a member of the board or as part of a committee report.

This (6 C) generated significant discussion regarding the potential contradiction implied here – that an individual member may ALSO introduce a resolution thus by-passing the committee. After further discussion, the suggestion was made that the word “or” be omitted which then makes the rule imply that while a member may introduce, they would also be a member of the committee which considered the resolution. The committee by consensus decided to defer to next meeting final consideration of the amendment.

Finally Commissioner Chase pointed out that there is no provision in the rules for amending a resolution on the floor. The committee acknowledged this omission. Commissioner Chase moved, Commissioner Tomita second, That the committee request the County Attorney to draft language to address this issue for presentation at next month’s meeting. MOTION APPROVED unanimously.

Finally Commissioner Chase expressed concern that the Commission has yet to “technically” approve rules for the 2010 Commission. County Attorney John Rambo concurred that this had not yet been done. Commissioner Chase moved, second by Commissioner Tomita that the County Attorney incorporate the changes already approved (October meeting minutes) and draft a resolution presenting the rules for official approval at the February meeting. MOTION APPROVED unanimously.

Next item of business was discussion of the Commission Committees status – specifically whether there is a published list of current assignments with Chairs denoted. Also questioned was if all committees had been assigned – and what committees (from the previous Commission) have been disbanded. Motion by Commissioner Tomita and second by Commissioner Ferguson that the Secretary send the committee list to the Mayor’s office for updating. MOTION APPROVED unanimously.

Having no other business the committee adjourned at 7:40

97



RESOLUTION ADOPTING RULES OF PROCEDURE FOR THE WASHINGTON COUNTY

BOARD OF COUNTY COMMISSIONERS

WHEREAS, the Rules Committee has noted that the Board of County Commissioners is currently operating under rules adopted by a preceding county legislative body, but the Rules Committee has recognized that those rules are not binding on the new Board of County Commissioners and that it is advisable to adopt rules of procedure for this Board of County Commissioners; and

WHEREAS, it is the intention of the rules committee to continue to study the

attached rules for further revision and clarification, but the Rules Committee recommends adopting the old commission’s rules instead of operating without binding rules; now therefore


WASHINGTON COUNTY, TENNESSEE THAT: SECTION 1. The Washington County Board of County Commissioners adopts

the attached Rules of Procedure. SECTON 2. The Resolution shall take effect immediately.

Introduced by Commissioner: Seconded by Commissioner: Commissioners Voting FOR Resolution: Commissioners Voting AGAINST Resolution: Commissioners NOT VOTING: Commissioners ABSENT: ADOPTED BY THE COUNTY LEGISLATIVE BODY, in session duly assembled, on this the day of February 2011. KATHY STOREY, County Clerk DANIEL J. ELDRIDGE, County Mayor

98

WASHINGTON COUNTY BOARD OF COUNTY COMMISSIONERS

RULES OF PROCEDURE

RULE 1 CONVENING OF THE BOARD

The Board shall meet at the County Courthouse in Jonesborough, Tennessee at 9:00 a.m. on the fourth Monday in January, April, July and October. Should any prescribed meeting fall on a legal holiday or if an emergency should arise, the Board shall meet at 6:00 p.m. on the following day. In addition to these meetings, the Board shall hold additional regular meetings on the fourth Monday of February, March, May, June, August, September, November and December at a time to be determined by an annual resolution adopted at the preceding October meeting of each year. Notification to the members of the regular meeting shall be by the Chair and/or County Clerk as prescribed by law. Special meetings of the Board shall be as prescribed by law.

RULE 2 QUORUM

A quorum for the transaction of business shall be a majority of the duly qualified and acting members of the Board of County Commissioners. Vacancies shall not be included in determining the membership of the Board.

RULE 3 ORDER OF BUSINESS

1. Call to order by Chair. In the absence of the Chair, the

Chair Pro Tempore shall preside. 2. Prayer and Pledge to the Flag. 3. Roll Call. 4. If required, public hearings. At the conclusion of

public hearings, the Board of County Commissioners will reconvene in regular session.

99

Upon reconvening, the order of business shall continue as follows: 5. Reading and approval of minutes. 6. Resolutions for special recognition, memorials, etc. 7. Elections, appointments, and confirmations. 8. Reports – county officials, standing and special

committees. Receive the reports of the committees. 9. Old Business. 10. New Business. 10a. Adoption of Resolutions. 11. Miscellaneous announcements and statements. 12. Notaries. 13. Adjournment.

RULE 4 GENERAL

A. WHO MAY ADDRESS THE BOARD: It is a

commissioner’s right to address the Chair and the Board at any appropriate time after proper recognition by the Chair. It may be allowable for non-commission members to address the Board if there is no objection by the Board or if a majority of the membership votes to allow such participation. The Chair may set a limit on the time a non-commission member may be allowed to speak.

B. GAINING THE FLOOR: In all cases, the member who

shall first rise and address the Chair shall be entitled to speak first; but when two or more members shall rise and address the Chair at the same time, the Chair shall name the member who will speak first.

C. SPEAKING: When any member is about to speak in

debate, discussion or deliver any address on any matter whatsoever to the Board, the member shall rise and respectfully address the Chair and shall, after being recognized by the Chair proceed with the intended remarks, confining such remarks strictly to the question under debate and avoiding all personalities.

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D. CONSENT TO YIELD: While speaking, a member is not to be interrupted, except for a question by another member. If the speaker declines to yield the floor for a question, then the member shall not be interrupted, but shall yield to questions at the end of the presentation.

E. POINTS OF ORDER: If any member, speaking or

otherwise, transgresses the Rules of the Board, the Chair shall, or any member may, call to order, in which case the member so called to order shall immediately sit down. When the point of order has been decided by the Chair, the member having the floor can proceed, subject to the decision made.

F. APPEAL ON RULING: Any member of the Board may

appeal to the Board from the ruling of the Chair and a majority vote of the members present shall decide the appeal.

RULE 5

MOTIONS A. GENERAL: Motions shall be limited to matters of Board

organization, approval of minutes and other matters where Resolutions are not required.

B. INTRODUCTION AND DEBATE: Motions may only be

made by members. No motion shall be debated until the same is seconded and stated by the Chair.

C. MOTIONS IN WRITING: When a motion is made and

seconded, it shall be reduced to writing by the Clerk, and read by the Chair prior to any debate or vote.

D. THE INTRODUCTION OF A MOTION: There are three

steps by which a motion is normally brought before the commission, which are as follows:

1. A commissioner makes the motion. 2. A commissioner seconds the motion. 3. The chair states the question on the motion.

101

When the chair has stated the question, the motion is pending, that is, “on the floor.” It is then open to debate.

E. THE CONSIDERATION OF A MOTION: Once a motion

has been brought before the board, there are three further basic steps by which the motion is considered:

1. Commissioners debate the motion (unless no

commissioner claims the floor for that purpose). 2. The chair puts the question (that is, put it to a

vote). 3. The chair then announces the result of the vote.

F. MAKING A MOTION: To make a motion, a member

must obtain the floor when no other question is pending and when business of the kind represented by the motion is in order. The member then makes a motion in simple cases by saying, “I move that . . . [announcing the proposal to become the commission’s action].” To eliminate confusion related to motions, the chair shall have the right to require any motion or amendment to be in writing before he states the question.

G. INTRODUCTION OF RESOLUTIONS: For more com-

plex questions, or when greater formality is desired, a motion should be presented in the form of a resolution. The usual wording then is, “I move the adoption of the following resolution: ‘Resolved, That . . . ‘”; or, “I offer the following resolution: ‘Resolved, That . . .’” A resolution should be prepared in advance of the meeting, if possible, and should be put into writing before it is offered. For resolutions introduced by committees, the reporting member of the committee may introduce the resolution by saying, “I move the adoption of the resolution relating to . . . which was delivered to the clerk.” The chair then says, “The resolution offered by the Committee is as follows: . . .”

102

H. MOTIONS THAT MUST BE DIVIDED ON DEMAND: Sometimes a series of independent resolutions or main motions dealing with different subjects is offered in one motion. In such a case, one or more of the several resolutions must receive separate consideration and vote at the request of a single commissioner. Such a demand can be made even when another has the floor, as in, “Mr. Chairman, I call for a separate vote on Resolution No. 3.” This demand must be asserted before the question on adopting the series has actually been put to vote.

I. DEBATE: The commissioner introducing a resolution or

who makes a motion shall have the right to speak first in debate. No commissioner shall speak more than once to a pending motion or resolution until the opportunity for all other commissioners to first speak to the issue has been exhausted.

J. REQUIRING ROLL CALL: Motions shall be put to the

Board for a voice vote by the Chair, unless the law or the Board’s rules requires a roll call. However, any three members of the Board may require a roll call by raising of hand or indicating otherwise. The Chair is also vested with the discretion to require a roll call vote.

RULE 5A

FREQUENTLY USED MOTIONS A. MOTION TO POSTPONE TO A CERTAIN TIME: The

subsidiary motion to Postpone to a Certain Time is a motion by which action on a pending question is put off, within limits, to a definite day or meeting. The question cannot be postponed beyond the next regular meeting of the Board. An affirmative vote on the motion to Postpone to a Certain Time can be reconsidered. The motion is debatable and a majority vote is required for adoption.

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B. MOTION TO AMEND: The subsidiary motion to Amend is a motion to modify the wording—and within certain limits the meaning—of a pending motion before the pending motion itself is acted upon. The amendment must be germane to the question, must not be frivolous, and can not leave the motion with incoherent wording. The motion is debatable and a majority vote is required for adoption.

C. MOTION TO COMMIT OR REFER: The motion to

Commit or Refer is generally used to send a pending question to a committee so that the question may be carefully investigated and put into better condition for the Board to consider. The motion is debatable and a majority vote is required for adoption.

D. MOTION FOR PREVIOUS QUESTION: The Previous

Question is the motion used to bring the Board to an immediate vote on one or more pending questions. A Commissioner making the motion can move the Previous Question on a pending amendment to a motion or the amendment and motion. When the motion is not qualified, the motion will apply only to the immediately pending question. The motion requires a two-thirds vote.

E. MOTION TO LAY ON THE TABLE: The motion to Lay

on the Table enables the Board to lay the pending question aside temporarily when something else has immediate urgency. This motion is often misused as a motion “to table” when the more appropriate motion to is to Postpone to a Certain Time. The motion is not debatable and requires a majority vote.

F. MOTION TO TAKE FROM THE TABLE: After a

question has been laid on the table, it can be taken from the table by a majority vote as soon as the interrupting business is disposed of and whenever no question is pending. Any commissioner can move to take a question from the table. The motion is not debatable and requires a majority vote.

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G. MOTION TO RECONSIDER: A motion to Reconsider

enables a majority of the Board, within the same meeting, to bring back for further consideration a motion which has already been voted on. It can only be made by a commissioner who voted with the prevailing side.

RULE 6 RESOLUTIONS

A. GENERAL: All business of the Board shall be reduced to

a Resolution unless a motion is permitted by these rules. The Board shall consider no Resolution unless it has been previously published to the Board by mailing the Resolution with the Board's packet or by placement on the agenda by the Board at a previous meeting. Matters requiring a resolution include, but are not limited to: budgets and appropriations, approval of contracts, zoning changes, and other matters affecting the general welfare of Washington County.

B. PREPARATION OF RESOLUTIONS: All Resolutions

must be reviewed by the County Attorney prior to its adoption by the Board. Only county-wide office holders or committees may request the County Attorney to prepare resolutions. The County Attorney or Committee chair must inform the County Mayor and Chair of any resolutions requests. Members seeking to introduce a resolution must first present their request to the appropriate committee for consideration and referral to the County Attorney.

C. INTRODUCTION: Any proposed Resolution may be

introduced only by a member of the Board or as part of a committee report, and the Clerk or Chair shall not receive or file any Resolution that is not reduced to writing. The Chair shall announce the Resolution before debate shall begin.

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D. ROLL CALL VOTE: Resolutions shall be put to the Board for a vote. Each member shall vote “yes” or “no” on its passage when the Clerk calls the member’s name. If a member does not wish to vote, he shall answer abstain. If he is not ready to vote, but wishes to be called on again after the roll has been completely called, he may answer pass. Members abstaining due to a conflict of interest must state they are not voting due to a conflict, which abstention be entered onto the minutes as “Abstaining for Cause.”

E. CHANGING VOTE: Any member of the Board may

change his vote before the results of a roll call are announced by the Clerk. It shall be the duty of the Clerk, at the end of each roll call, to inquire of those who passed or were absent when the roll was called if they desire to vote; also, if anyone who has voted wishes to change his vote. Then, the results shall be announced by the Clerk.

F. SUCCESSFUL RESOLUTIONS: All successful resolu-

tions shall be submitted to the Chair for the Chair’s signature and attested by the signature of the Clerk. If the Chair is not the County Mayor, then the resolution along with the vote of the members shall then be submitted to the County Mayor, within five days of its passage, for consideration by the County Mayor.

RULE 7

APPROPRIATION REQUESTS Requests for appropriations in addition to those within the annual budget shall be submitted to the Budget Committee, which shall consider and recommend appropriate action to the Board of County Commissioners. No appropriation shall be made unless the request is delivered with the Board's packet prior to the meeting.

106

RULE 8 ELECTIONS AND APPOINTMENTS

A. ELECTIONS AND NOMINATIONS FROM THE FLOOR:

When the Chair is to receive nominations from the floor, a member may nominate only one person. The floor will be kept open until every member has had an opportunity to make nominations or until a motion has been made and seconded that nominations cease and a majority of those present so vote.

B. APPOINTMENTS AND CONFIRMATIONS: When the

Board is called upon to appoint someone from a list of nominees (such as a county medical examiner) or to confirm an appointee of the county Mayor (such as department head) then the name or names of those being considered for the position shall be read to the membership and discussion for each such appointee shall follow.

C. ELECTION OR CONFIRMATION: All ballots for

election or confirmation shall be cast by voice vote as each member’s name is called by the Clerk, or by ballot signed by the member and contemporaneously and publicly read by the Clerk or Chair. If the vote is on confirmation of an appointee each member will vote either “yes” or “no” on the confirmation. A majority of the membership of the full Board is required for election or confirmation.

D. SECOND BALLOT: If no one is elected on a given ballot,

the nominee receiving the smallest number of votes will be dropped and the ballot will be cast again until a nominee is elected by the required majority of the membership. All votes shall be public.

107

RULE 9 COMMITTEE STRUCTURE OF BOARD

A. COMMITTEE ON COMMITTEES:

1. At the July meeting, the Board of County

Commissioners shall elect five (5) commissioners to serve on the Committee on Committees. The five nominees receiving the most votes shall be elected. If additional balloting is required, the balloting shall continue in a manner consistent with Rule 8(D). For the year in which the membership of the local legislative body is elected, the Committee on Committees shall be elected in September.

2. This Committee shall recommend at the September

meeting of the Board of County Commissioners the nominations for each committee. Additional nominations may be made from the floor and the Board of County Commissioners will vote on the nominations. The County Mayor is an ex officio non-voting member of each committee. For the year in which the membership of the local legislative body is elected, the Committee on Committees shall present its nominations in October.

3. Each member of the Board of County Commissioners

shall serve on a minimum of one of the standing committees listed under Rule 10, unless a member chooses not to serve.

B. OFFICER ELECTION: Upon election of a committee,

the members of the committee shall convene and elect its officers from its membership and formulate rules for its operation not covered under general regulations pertaining to all committees. If a committee does not carry out the aforementioned requirement within twenty-one (21) days, the County Mayor shall call the committee into session before the next regular meeting date of the Board and serve as temporary chair until the committee elects a chair and proceeds with its required business.

108

C. COMMITTEE MEETING OPEN TO THE PUBLIC: All

committee meetings shall be open to the public. All recommendations and actions shall be reduced to a written report for submission to the Board. Only duly elected members of the committee may be recognized by the committee chair; however non-members of the committee, upon request of a committee member and an affirmative majority vote of the committee members present, may address the committee—in no manner shall anyone interfere with the proceedings of the committee.

D. COMMITTEE CHAIR AND AGENDA: The committee

chair shall notify the Chair of the Board of County Commissioners and the County Clerk of major matters to be reported to the Board at the next meeting. This must be done in time for the Clerk to include the same on the agenda.

E. COMMITTEE AUTHORITY: The role and jurisdiction of

a committee, other than as required by law, is to investigate and study matters, provide information, and present recommendations to the Board concerning those topics and business as delegated to the committee by these rules or by the Board of County Commissioners. Any request or recommendation by a committee to the full commission must be passed by a majority of the committee.

F. VACANCIES ON COMMITTEE: Should for any reason

one or more members of the committee vacate their position, the Board shall fill those vacancies in the same manner as the original members.

G. REPORT AND REFERRALS: The committee to which a

request or resolution has been referred shall make a report at the next regular meeting after its referral unless the Board has specified otherwise in its request or resolution. It is the responsibility of the chair of the committee to insure the placement of the matter on the agenda.

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H. RESOLUTIONS: Upon a committee adopting a request

for the County Attorney to prepare a resolution, the committee chair shall notify the County Attorney to prepare appropriate resolutions for consideration by committee. The County Attorney or committee chair must notify the County Mayor of any committee request for a resolution. If the Chair of the Board of County Commissioners becomes aware of any action by a committee that must be reduced to resolution form for presentment to the Board, the Chair will notify the County Attorney and County Clerk.

I. SPECIAL MEETINGS: If for any reason the chair of a

committee fails to call a meeting, the County Mayor or two members of a three-member committee or any three members of a larger committee may do so.

RULE 10

COMMITTEES A. COMMITTEE STRUCTURE: All committees, standing

and temporary, shall meet and elect from its membership a chair. The election of a Secretary shall be optional in the absence of a specific mandate of the Board.

B. PRESENTATIONS TO BOARD: Standing committee

chair shall report to and confer with the Chair on all pertinent matters to be presented at the next meeting of the Board.

C. LEGAL COUNSEL: All committee chairs shall consult

with the County Attorney on matters appearing to warrant legal evaluation prior to presentation to the Board.

D. JURISDICTION: Should questions arise as to

jurisdiction of any committee it shall be referred to the Chair and/or to the County Attorney for determination,

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subject to an appeal to the Board at its next regular meeting.

E. BOARD PRESENTATIONS: The following procedure

shall be followed pertinent to committee reports and related action:

1. The committee chair or a member designated by the

chair shall make the presentation in an open meeting of the Board.

2. Upon completion of a report the speaker shall yield to questions.

3. There shall be a vote on any committee resolutions when debate is complete and when there is a call for the question by the Board.

F. CALL OF COMMITTEE: If for any reason the chair of a

committee fails or refuses to call a meeting, the Chair of the Board, or a majority of the committee membership may do so.

G. BUDGET COMMITTEE: Budget matters shall be

referred to the County Budget Committee as provided for by the County Budgeting Law of 1957.

H. STANDING COMMITTEES: The following standing

committees are hereby established for the Board of County Commissioners, and said committees shall have authority to recommend to the Board on the following general areas of county government as well as such other matters as shall be assigned to them by the County Mayor, Chair or Board of County Commissioners:

1. COMMERCIAL, INDUSTRIAL, AND INDUSTRIAL:

This committee will deal with all matters concerning commercial, industria,l and agricultural affairs of the County, and shall consist of five members. The Board has vested this committee with the responsibility to carry out the provisions of Title 8, Chapter 27, Part 5 of Tennessee Code Annotated.

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2. PUBLIC WORKS AND PLANNING: This committee will deal with all public works and planning, including, but not limited to, highways, bridges, sanitation and other public works including planning thereof, and shall consist of five (5) members, one member being at large, (i.e. from any of the commission districts) and four members from each of the four highway blocks. It is the intent of this rule that every section of the county will be represented on this committee.

3. GENERAL HEALTH AND WELFARE: This

committee will deal with all matters of general welfare, including, but not limited to: animal control, litter control, overgrown vegetation, health department, libraries and other matters pertaining to the general welfare of the County, and shall consist of five (5) members.

4. EDUCATION: This committee will deal with all

matters concerning education in Washington County, and shall consist of five (5) members.

5. PUBLIC SAFETY: This committee of five shall have

the duty and authority to consider all matters concerning public safety in the County, especially with reference to the budget allocation to various departments of government dealing with public safety, including the operation of the Sheriff’s department, requirements of law enforcement and maintenance of the County Jail, and the needs of the County for places of incarceration of prisoners; long range needs of the County in the field of public safety; the activities of constables and other law enforcement personnel and agencies within the County; cooperation with the Office of the District Attorney General and other law enforcement officials not directly under the control of Washington County; and, may make recommendations to the Budget Committee concerning the budget, allocation of funds to the various agencies responsible for the

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public safety and any other matter, necessarily incident thereto.

6. SPECIAL COMMITTEES: From time to time, as the

needs may dictate, it may be necessary to establish special or temporary committees and such committees shall be appointed by the County Mayor.

J. COMMITTEE REPORTS: Committees will prepare

written reports of committee meetings.

1. CONTENT OF REPORT: Committee reports will consist, primarily, of three parts: 1) a summary of important work done, 2) information gathered, and 3) recommendations. In any committee report, specific recommendations for action by the Board of County Commissioners should be grouped at the end—repeating them if they have been noted at separate places in the report—and would generally be cast in the form of one or more proposed resolutions. Recommendations for action should be transmitted to the County Attorney for the drafting of a resolution for inclusion in the committee’s report, or for simple recommendations, should be worded at the end of the report “Resolved, That the Board of County Commissioners . . ..” As the resolution originates from a committee, no second to the motion is required.

2. PRESENTATION AND RECEPTION OF REPORTS:

Committee reports are presented by the chairman of the committee, the secretary, or another of its members acting as a reporting member. The reporting member makes or presents a report. When the Board of County Commissioners hears the report, either read or orally rendered, it receives the report. The Clerk will include the report in the minutes of the Board of County Commissioners. It is out of order to move to receive or accept a report.

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3. DISPOSITION OF REPORTS: After the reading of the report, the reporting member moves the adoption of any resolutions included in it, which should be grouped or repeated at the end of the report.

RULE 11

THE CHAIR A. ELECTION: Annually, at its regular September meeting

the Board shall elect a Chair and Chair Pro Tempore. The Chair may be one of the members of the Board or the County Mayor. Upon his election and acceptance of the position of Chair, then the County Mayor shall relinquish the County Mayor’s veto power, for so long as the County Mayor remains Chair of the Board.

B. VOTING BY THE CHAIR: The Chair may vote only

when authorized by law. C. CALL TO ORDER: The Board shall be called to order by

the Chair. In the absence of the Chair, the Chair Pro Tempore shall preside. In the absence of the Chair Pro Tempore, the Board shall be called to order by the County Clerk, and shall elect one of its members to preside over the deliberations.

D. SPEAKING: Should the Chair desire to speak upon any

subject either in the negative or the affirmative, the Chair may do so, provided he/she vacated the Chair. Whereupon the Chairman Pro Tempore shall preside until the matter under consideration is disposed of by the Board. However, the Chair may answer questions, provide information, and give explanations from the chair, the Board not objecting.

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E. PRESERVE ORDER: The Chair shall preserve order and decorum. The Chair may speak to points of order in preference to other members, rising from the Chair’s seat for that purpose. The Chair shall decide questions of order, subject to an appeal to the Board of any member.

F. ORDER OF RECOGNITION: Before a member is

allowed to speak twice on the same subject, the Chair shall inquire if there is another member who has not spoken on the pending subject and who wishes to speak.

G. MOTIONS: Once a motion has been made and duly

seconded, the Chair shall state the motion before debate on the motion may begin.

H. CLARIFICATION: The Chair shall rise to state or put a

question and shall clearly state the question to the Board before the vote on the question is taken. A member may ask for clarification of the question up until the result of the vote is announced.

RULE 12

THE CLERK

A. NOTICE: The Clerk shall notify each member of the Board of any special or called meetings not less than five (5) days in advance thereof. Notification of regular meetings and other notices required by law shall be made by the Clerk in the fashion prescribed by law.

B. AGENDA: The Clerk will forward to each member of the

Board the tentative agenda of the next Board meeting not less than five (5) days prior to the scheduled meeting date. If an agenda item is not ready for inclusion in the agenda packet mailed to Board members, the Chair or County Mayor may place the item on the agenda by identifying the substance of the matter and arranging for the mailing of the resolution, contract or other matter to the Board at least three (3) working days before the Board's meeting or by delivering a legible copy or fax at least one working day before the meeting.

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C. MINUTES: The Clerk shall reduce the minutes of each Board meeting to writing and attach a copy of each resolution considered and the vote thereon. The minutes shall be prepared after each meeting, and before the next scheduled meeting, shall be placed in a well-bound book for public inspection. A copy of the minutes of the last meeting shall be forwarded to each board member with the prepared agenda or meeting notice.

D. ROLL CALL: In all instances involving the

appropriation of public funds, the Clerk shall call the roll for “yes” or “no” votes. In all instances where the roll is called for any vote, the Clerk shall make such roll call and the vote of each member a part of the record of the meeting and include it in the official minutes.

E. CHANGE OF VOTE: It shall be the duty of the Clerk, at

the end of each roll call, to inquire of those who passed or were absent when the roll was called to determine if they desire to vote or if any member who has voted wishes to change his vote. Subsequently, the Clerk shall provide the results to the Chair, who will announce the results.

RULE 13 SHERIFF

The Sheriff, or a deputy designated by him, shall attend each session of the Board. That officer shall preserve order and carry out the orders of the presiding officer of the Board. The attending officer shall be paid the prevailing statutory fee for his services, unless such officer is paid a salary from county funds. In that instance, no fee will accrue.

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RULE 14 COUNTY ATTORNEY AND PARLIAMENTARIAN

A. COUNTY ATTORNEY: The County Attorney shall

attend all meetings of the Board and prepare resolutions for action by the Board and respond to questions of the Board as well as perform such other duties as the Board or County Mayor may require. The County Attorney shall further represent the County in all litigation pursuant to his arrangement with the County and on the authority of the County Mayor.

B. PARLIAMENTARIAN: The Board may elect a

Parliamentarian who shall attend all meetings and advise the Board on parliamentary questions and shall be paid the same sum as members of the Board. Board members shall be ineligible to serve as Parliamentarian. In the Parliamentarian's absence, the County Attorney shall advise the Board on parliamentary procedure.

RULE 15

SUSPENDING THE RULES Any rule or rules may be suspended by a two-thirds majority vote of the members of the Board of County Commissioners.

RULE 16

ROBERT′S RULES OF ORDER All matters not covered herein shall be governed by Robert’s Rules of Order Revised, as contained in the latest copyrighted edition.

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RULE 17 CONFLICTS OF INTEREST

A. MEMBERS ELECTED TO BOARD AFTER

EMPLOYMENT: Any member who is also an employee of the county and whose employment predates the member's initial election or appointment to the Board of County Commissioners may vote on matters in which the member has a conflict of interest if the member informs the Board immediately prior to the vote as follows: "Because I am an employee of Washington County, I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents." The vote of any such member having a conflict of interest who fails to inform the Board of such conflict shall be void if challenged during the same meeting at which the vote was cast and prior to the transaction of any further business by the Board.

B. MEMBERS EMPLOYED BY COUNTY AFTER

ELECTION TO BOARD: Any member who is also an employee of the county, and whose employment began on or after the date on which the member was initially elected or appointed to serve on the governing body of the county, shall not vote on matters in which the member has a conflict of interest.

RULE 18

CONFLICT WITH LAW In the event any of the foregoing rules are determined to be in conflict with statutory provisions that part in conflict shall be null and void, but the remaining unaffected provisions shall remain in full force and effect.

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RULE 19 AMENDMENT OF RULES

These rules may be altered, amended or repealed and new rules may be adopted by the Board of County Commissioners only after the suggested change or modification is presented in writing to a regular meeting of the Board for consideration at the Board's next following scheduled regular meeting, at which time it shall be voted upon and a majority is required for approval of such change or modification. Clerical defects, spelling, punctuation and other minor alterations may be made in the form of the resolution effecting such change or modification between the meetings at which the change or modification is voted upon. Rule change or modification may be acted upon only at regular meetings. Nothing herein shall be construed to in any way effect the right of the Board in session to suspend the rules upon two-thirds vote. Adopted by the Board of County Commissioners in regular session on the _____ day of February 2011.

_________________________ Kathey Story, County Clerk

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WASHINGTON COUNTY COMMISSION AGENDA PACKET – FEBRUARY 2011 … · XII – Audit Committee minutes 92 XIII – County-owned Property Committee minutes 93 XIV ... ORTHO MAP. 7. WASHINGTON

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