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

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1 Page Number 619 The McMinn County Board of Commissioners met in Regular Session on December 20,2010, at 7:30 pm, in the Blue Room of the McMinn County Courthouse. I. CALL TO ORDER The meeting was called to order by Chairman Crews. ") INVOCATION The Invocation was given Commissioner Powers. 3. FLEDGE TO THE FLAG The Pledge to the Flag was led by Commissioner Curtis. 4. ROLL CALL Roll Call was taken by Evonne Hoback, McMinn, as recorded: Scott Curtis - Present Dale Holbrook - Present Tim King - Present Roger Masingale - Present Gary Mason - Present J. W. McPhail - Present Bob Powers - Present Tad Simpson - Present Charles Slack - Present Chairman David Crew - Present ). AFFROY AL OF MINUTES Copies of the Minutes of the Regular Session on November 15,2010 were provided to the McMinn COLllry Commissioners. MOTION made by Commissioner Holbrook, and seconded by Commissioner Simpson, to approve the fvlillu:es of November 15, AFFROY AL OF BIDS AND PURCHASES A. A Resolution to Approve and Award Semi-Annual Requirements Bid for Paper-Plastics Products. Mr. Luallen presented the following resolution to approve and award semi-annual requirements bid for paper-plastic products, along with the bid summary sheet and letters of recommendation from appropriate department heads. RESOLUTION NO A RESOLUTION TO APPROVE AND AWARD SEMI-ANNUAL REQUIREMENTS BID FOR PAPER-PLASTICS PRODUCTS WHEREAS, in order to properly perform the essential operations of county government, goods and services must o Iten be let for bid; and l (Conl'd)

2 t'age r'lumoer OLV December 20, 20 I 0 Resolution (Cont'd) WH EREAS, the Courthouse Maintenance Department and Sheri ffs Department requests the purchase of Paper and Plastic Products from January I, 20 I I, to June 30, 20 I I, to properly carry out the functions of the department; and WHEREAS, McMinn County has followed the proper procedures in securing the bids; and WHEREAS, Benny Bivens, Courthouse Maintenance Supervisor, and Sheriff Joe Guy, both recommend the bid be,l\nrdcd to the vendors with the lowest bid price per item meeting specifications. NO'vV, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 20lh DAY OF DECEMBER, 2010, that this Commission does hereby approve the recommendation of the Maintenance Supervisor and the Sheriff. (Orig assigned by John M. Gentry) Attes:: (Ori\! signed by Evonne Hoback) MOTION made by Commissioner Powers, and seconded by Commissioner King, to approve this Matiorl carried by voice vote. 7. REVIEW AND APPROVAL OF CONTRACTS A. A Resolution to Approve the Kiosk Site Agreement Contract Between McMinn County and Swanson Services Corporation for Inmate Commissary Funds Management at the McMinn County Justice Centq. Mr. Luallen presented the following resolution to approve the Kiosk Site Agreement Contract between McMinn County and Swanson Services Corporation for inmate commissary funds management at the McMinn Justice Center. Mr. Luallen also provided the Commissioners with a copy of the agreement and Sheriff Guy provided them with a handout explaining the use of the kiosk. RESOLUTION NO A RESOLUTION TO APPROVE THE KIOSK SITE AGREEMENT CONTRACT BETWEEN MCMINN COUNTY AND SW ANSON SERVICES CORPORATION FOR INMATE COMMISSARY FUNDS MANAGEMENT AT THE MCMINN COUNTY JUSTICE CENTER WHEREAS, in order to properly perform the duties of county government as prescribed by law, it is often in ivlcm.nn County's interest to enter into contracts with other entities; and 'VHEREAS, McMinn County currently contracts with Swanson Services Corporation to provide inmates with the option to purchase personal care items or snacks; and WHEREAS, McMinn County desires to enter into a contract with Swanson Services Corporation to supply a kiosk site for the collection, disbursement, and account management for the funds used by inmates for commissary services to the McMinn County Justice Center; and (Cont'd)

3 Page Number 621 December 20,2010 Resolution No (Cont'd) WHEREAS, Swanson Services agrees to provide all equipment and services at no charge to the facility; and WHEREAS, Swanson Services is responsible for the placement, maintenance, and support for the kiosk; and WHEREAS, the kiosk will be funded from a surcharge per transaction to the depositor; and writing; WHEREAS, the terms of this contract include yearly automatic renewal unless terminated by either party in and WHEREAS, Sheriff Joe Guy recommends this contract be approved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEEE, MEETING IN REGULAR SESSION ON THIS THE 20TH DAY OF DECEMBER 2010 THAT THIS commission does hereby agree to this Kiosk Site Agreement contract with Swanson Services Corporation. AND FURTHERMORE RESOLVES to grant authority to the County Mayor or his designee to carry out the duties of said contract. MOTION made by Commissioner Holbrook, and seconded by Commissioner Powers, to approve this Motion can"ied by voice vote. B. A Resolution to Approve Temporary Ambulance Contract with Rural Metro. Mr. Luallen presented the following resolution to approve temporary ambulance lyktro and added that this was approved by the Emergency Services Committee. contract with Rural Resolution No A RESOLUTION TO APPROVE TEMPORARY AMBULANCE CONTRACT WITH RURAL METRO WHEREAS, County Mayor John Gentry received correspondence on December 7, 2010, from Icare EMS stating Icare would no longer be able to fulfill its contract with McMinn County to provide ambulance service; and WHEREAS, in order to maintain continuity of emergency services, Mayor Gentry negotiated a ninety day contract with Rural Metro while the bid process for the permanent contract takes place; and (Con:'d) l

4 Page Number 622 Resolution No (Cont'd) WHEREAS, the temporary contract with Rural Metro went into effect at 12:01 a.m. on December 9, 20 10, and will expire on March 9, 2011, at which point the permanent contracted ambulance provider will take over responsibility for emergency ambulance services; and WHEREAS, the McMinn County Emergency Services Committee approved the action of the County Mayer to enter into the emergency contract. COU"\JTY, TENNESSEE, MEETING IN REGULAR SESSION ON THIS 20th DAY OF DECEMBER 2010, that the emergency contract negotiated by Mayor Gentry and approved by the McMinn County Emergency Services Committee be approved by the full County Commission. County Mayor Attes':: MOTION made by Commissioner Mason, and seconded by Commissioner King, to approve this 8. APPROVAL OF BUDGET AMENDMENTS None. 9. A RESOLUTION TO DECLARE VEHICLE AS SURPLUS PROPERTY Mr. Luallen presented the following resolution to declare vehicle as surplus property, as well as a memorandum from Sheriff Guy requesting this. RESOLUTION NO A RESOLUTION TO DECLARE VEHICLE AS SURPLUS PROPERTY WHEREAS, McMinn County has authority to declare items as surplus that are no longer deemed necessary or adequate to properly perform the duties of county government as prescribed by law; and WHEREAS, the McMinn County Sheriffs Department desires to declare as surplus a 1986 Dina 180 Bus, VIN # B6 donated to the McMinn County Sheriffs Department by the 10lh Judicial District Drug Task Force; and WHEREAS, Sheriff Joe Guy requests approval to declare this vehicle as surplus and place it for public auction on govdeals.com; and (Cont'd) l

5 r dbci I ~ UlilUCil V~.J Re:-;olUlioll No \ (Cont'd) NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 20th DAY OF DECEMBER 1010, that this Commission does hereby declare the 1986 Dina 180 Bus as surplus property. (OriQ signed by Evonne Hoback) MOTION made by Commissioner Mason, and seconded by Commissioner Powers, to approve this Motion caitied by voice vote. 10. COMMENTS FROM THE AUDIENCE A. Comments by Mr. Dan Chesanow, Resident on County Road 216 in the Blair Estates. M r. Dan Chesanow, resident on County Road 616 in the Blair Estates, who spoke to the Commission at the September and October 2010 Regular Sessions of the County Commission, addressed the County Commission again detailing his concems that McMinn County has not joined the State's flood insurance program. He presented many statistics that he feels support the need for this program, as well as some stories of human interest that described the problems of not being in a flood insurance program. Mr. Chesanow said that there are problems now and he said that people would like to see some leadership from the Mayor and County Commission. Mr. Chesanow owns a $300,000 property but said it is not an asset to him ifhe gets sick because he would not be able to get a moligage because we are not in a flood insurance program. He said it's Christmas and he would appreciate it if the Commission would have a heart and vote on this before it is mandated by the State in June Mr. Chesanow said that there are only eleven counties (including us) that are not in the program and he said he doesn't understand what the problem is and he said he is not going to sit quiet. II. RESOLUTIONS A. A Resolution to Amend McMinn County's Ambulance Service Regulations. Mr. Gentry presented the following resolution to amend McMinn County's Ambulance Service Regulations. Mr. Gentry stated these amendments resulted from need to revise EMS contract and was approved by the Emergency Services Committee earlier this evening. Resolution No A RESOLUTION TO AMEND McMINN COUNTY'S AMBULANCE SERVICE REGULATIONS WHEREAS, per the provision oft.c.a , McMinn County adopted regulations in June 2006 to govern ambulance services wishing to operate in McMinn County; and WHEREAS, McMinn County recognizes that these regulations may need to be amended as technologies and b,;st practices change in the emergency services industry; and (Cont'd)

6 l Page Number 624 December 20,2010 Resolution No (Cont'd) WHEREAS, under Vehicles and Equipment, current regulations limit the serviceability of ambulances to be 110 more than 8 years old with less than 350,000 miles; and WHEREAS, McMinn County wishes to add the requirement under Personnel, that all personnel shall be drug free and pass a criminal background check be free of felony convictions. COUNTY, TENNESSEE, MEETING IN REGULAR SESSION ON THIS 20th DAY OF DECEMBER 2010, that the current McMinn County Ambulance Service Regulations be amended as stated herein. (Oril?:signed by John M. Gentry) County Mayor MOTION made by Commissioner Curtis, and seconded by Commissioner Simpson, to approve this reso[ltion. Motioncarried by voice vote. B. A Resolution to Add Additional Judicial Commissioner Position. Mr. Gentry presented the following resolution to approve an additional Judicial Commissioner position as well as a copy of the request from Marvin Kelley, Director, McMinn County E-9Il. Mr. Gentry said that this position will be funded through the savings the County experiences once the City of Etowah consolidates with the 911 Emergency Communications District and he explained in some detail. Mr. Gentry said that this was also approved earlier this evening by the Emergency Services Committee. Resolution No A RESOLUTION TO ADD ADDITIONAL JUDICIAL COMMISSIONER POSITION WHEREAS, there are currently II full-time dispatchers on staff at the McMinn County 911 Center who also serve as McMinn County Judicial Commissioners; and WHEREAS, each of the II judicial commissioners $18,128; and earn a yearly salary of $1,648 for a total amount of WHEREAS, E-911 is currently in negotiations with the City of Etowah to consolidate dispatch services and will likely secure a contract with the city by January 1,2011; and WHEREAS, consolidating Etowah's dispatch services will require E-911 to hire an additional dispatcher, and due to scheduling considerations E-911 would like for the additional dispatch position to also be appointed as a judicial commissioner; and (Cont'd)

7 Resolution No (Cont'd) WHEREAS, the additional position would cost $1,648 and bring the total to $19,776 per year for 12 judicial commissioners; and WHEREAS, per the current contract between McMinn County and McMinn County E-911, the City of Etowah's consolidation reduces McMinn County's yearly funding commitment to E-911 by $50,000 per annum, leaving a total savings of $48, to McMinn County. COUNT'y', TENNESSEE, MEETING IN REGULAR SESSION ON THIS 20th DAY OF DECEMBER 2010, that the proposed extra judicial commissioner position proposed by E-911 is hereby approved and funded by the sa\'in!~s created by the City of Etowah's 911 consolidation. (Oril! sil!ned by Evonne Hoback) COLIlltyClerk MOTION made by Commissioner Simpson, and seconded by Commissioner Powers, to approve this C. A Resolution Requesting TOOT to Implement Measures to Prevent Items Being Thrown from Interstate Overpasses. Mr. Gentry presented the following resolution requesting TOOT to implement measures to prevent items leing thrown from interstate overpasses. Of course the true blame belongs to the perpetrators, but Mr. Gentry aid we are requesting TOOT to look into this matter to find ways to diminish the threat. Resolution No A RESOLUTION REQUESTING TOOT TO IMPLEMENT MEASURES TO PREVENT ITEMS BEING THROWN FROM INTERSTATE OVERPASSES WHEREAS, McMinn County has had numerous occurrences where items have been thrown onto the erstate from overpasses; and WHEREAS, some of theses incidences have caused injuries to motorists and all have been a serious ~al to public safety; and WHEREAS, some suggestions to diminish the threat have included vegetation removal from the right of IS of overpasses, an increased law enforcement presence, fencing and video surveillance; and WHEREAS, even though McMinn County recognizes the only true way to stop the threat is for the ies responsible to respect the wellbeing offeiiow citizens, the County does request the Tennessee actment of Transportation to address the serious risk posed to those driving below overpasses. ll'd)

8 r dt,c; 1'1l11llUC;l u"::'u Resolution No (Cont'd) COU:--JTY,TENNESSEE, MEETING IN REGULAR SESSION ON THIS 20th DAY OF DECEMBER 2010, that this Commission officially requests TDOT to take action to reduce the danger to motorists in McMinn County. MOTION made by Commissioner Powers, and seconded by Commissioner King, to approve this D. A Resolution Requesting the Federal Highway Administration Not Set Hard Deadlines for New Sign Regulations. Mr. Gentry presented the following resolution requesting the Federal Highway Administration not set hard deadlines for new sign regulations, as requested by McMinn County's Highway Commissioner Rand:lll Moss. Mr. Gentry said that they are not opposed to larger safer signs, but they would like to replace worn out signs with the new signs as needed and not just replace all the signs at once as mandated. Resolution No A RESOLUTION REQUESTING THE FEDERAL HIGHWAY ADMINISTRATION NOT SET HARD DEADLINES FOR NEW SIGN REGULATIONS WHEREAS, the Federal Highway Administration has put in place new regulations regarding the rel1ectivity and size standards of highway and street signs that will require all McMinn County road signs be replaced by January 22, 2018; and WHEREAS, there are cuitently 5, I 00 signs in McMinn County including stop signs, regulatory signs and route markers with an average cost per sign of $115 resulting in a total replacement cost to the county of approximately $586,500 over the next seven years; and WHEREAS, the extreme financial burden of replacement for McMinn County would be greatly reduced if compliance was not enforced by FHW A until signs needed to be replaced based on a normal maintenance schedule rather than using hard deadlines; and WHEREAS, the requests that a copy of this resolution and supporting materials be sent to the FHW A as well as the to County's representatives in both Nashville and Washington, D.C. (Conr'd)

9 r dtsl;; 1'1L1U1Uc;l U"- I December 20,2010 Re:solution No (Cont'd) COUNTY, TENNESSEE, MEETING IN REGULAR SESSION ON THIS 20th DAY OF DECEMBER 2010, that McMinn County hereby requests the FHW A to waive all deadlines associated with highway sign replacement and only enforce the new regulations when an existing sign must be replaced for cause of ma intenance issues. COllmy Clerk MOTION made by Commissioner Holbrook, and seconded by Commissioner Masingale, to approve this re:solution. 12. ELECTIONS, APPOINTMENTS AND CONFIRMATIONS A. A Resolution to Confirm the Re-Appointment of Russ Duggan to the McMinn County 911 Board of Directors. Mr. Gentry presented the following resolution to confirm the re-appointment McM inn County 911 Board of Directors, representing the Etowah area. of Russ Duggan to the Resolution No A RESOLUTION TO CONFIRM THE APPOINTMENT OF RUSS DUGGAN TO THE MCMINN COUNTY 911 BOARD OF DIRECTORS WHEREAS, the McMinn County 911 has a Board of Directors to oversee the direction and management of its operations and service; and WHEREAS, John M. Gentry as, nominates Russ Duggan for appointment to the McMinn County 911 Board for a four year term, which will expire January COU"\JTY, TENNESSEE, MEETING IN REGULAR SESSION ON THIS 20th DAY OF DECEMBER 2010, that this commission does hereby confirm this appointment. Attesl::

10 McMinn County LommlSSlUlI MOTION made by Commissioner Holbrook, and seconded by Commissioner Masingale, to approve this B. A Resolution to Confirm the Re-Appointment of Wayne Scarbrough to the McMinn County 911 Board of Directors Mr. Gentry presented the following resolution to confirm the re-appointment the McMinn County 911 Board of Directors, representing the Athens area. of Wayne Scarbrough to Resolution No A RESOLUTION TO CONFIRM THE RE-APPOINTMENT OF WAYNE SCARBROUGH TO THE MCMINN COUNTY 911 BOARD OF DIRECTORS WHEREAS, the McMinn County 911 has a Board of Directors to oversee the direction and management of its operations and service; and WHEREAS, John M. Gentry as, nominates Wayne Scarbrough for reappointment to the McMinn County 911 Board for a four year teml, which will expire January COUNTY, TENNESSEE, MEETING IN REGULAR SESSION ON THIS 20th DAY OF DECEMBER 2010, that this commission does hereby confirm this appointment. MOTION made by Commissioner Masingale, and seconded by Commissioner Powers, to approve this Motion can"ied by voice vote. 13. REPORTS FROM COMMITTEES, COUNTY OFFICIALS, COMMENTS FROM COMMISSIONERS A. Budget/Insurance Committee - Commissioner Curtis. Commissioner Curtis said that the Budget/Insurance Committee met on November 30, 2010 and discussed health care plan options and made a recommendation that the county has put in place.

11 l Page Number 629 B. Emergency Services Committee - Commissioner Simpson. Commissioner Simpson said that the Emergency Services Committee met on December 9,2010 to approve ambulance contract with Rural Metro, as well as earlier this evening regarding the ambulance service change and the Commission has approved their recommendations. 14. COMMENTS FROM THE COUNTY MAYOR A. Annual Planning Session, January 21-22, Mr. Gentry asked the Commissioners to mark their calendars for January 21-22, 2011 for the Annual Planning Session at Camp Livingstone, on County Road 876. He said they plan to begin at 6:00 pm on Friday, the 21Sl and reconvene on Saturday at 8:00 am on the 22nd. Mr. Gentry outlined his hopes for the session and he askec. the Commissioners for their guidance on any particular item they wanted discussed so he could prepare that department. B. Woods Hospital Mutual Plan for Excess Proceeds. As Mr. Gentry explained at the November 15,2010 Regular Session of the County Commission, the Commission will have five appointments - one from each district - to the Woods Memorial Hospital District Foundation. This foundation will have responsibility over the proceeds from the sale of the hospital. Even though the money from the sale of the sale of the hospital isn't eligible to be spent at this time, Mr. Gentry said that there are some other monies that this committee can utilize. Mr. Gentry said he really does need these appointments before January 13,2011 in order for this information to be included in the Commission packets for the January 1ih Regular Session. C. Maintenance Staff Retirements. Mr. Gentry said he was sad to announce that McMinn County's two main maintenance personnel, Mr. Benny Bivens and Mr. Frank Jones, have notified him of their plans to retire soon. Mr. Gentry added that they have done in-house some projects that have saved the county tens of thousands of dollars. He is concemed that he will not be able to find replacements with their electrical, plumbing, welding and other skills. Mr. Gentry wished everyone a Merry Christmas. 15. APPROVAL OF NOTARY APPLICATIONS The following notary applications were submitted to the 's Office: Patricia K. Baker Jennifer Christine Bright Roxanna Carman Cathy Rowena Hughes Princess M. Hyde Robert Joshua McKee Angela Y. Rankin Tiffany R. White Notary Applicatios for December 2010 MOTION made by Commissioner Mason, and seconded by Commissioner Simpson, to approve these notary applications.

12 l Page Number 630 December 20, ANY OTHER BUSINESS THAT MAY LEGALLY COME BEFORE THE COMMISSION A. Comments by James Conner Regarding an Alleyway That Was Closed. Mr. James Conner referred to an alley in east Etowah that was closed by the Commission in August 20 I0,:11 the request of resident James Young of 724 County Road 475. He said he was sure the Commission was told that it would not impact anyone, but it did. Mr. Conner explained in detail the history of the property and a county road that was built 25 years ago, as well as how the recent action has impacted him. He said a mistake was made and he requested action to correct it. There was some discussion and the County Mayor and the County Attomey stated that nothing this Commission did expanded the other man's property and added that this is an issue between two property owners. Mr. Gentry offered to speak to the other property owner as well as his surveyor. 17. ADJOURNMENT There being no other business, Chairman Crews declared the Commission meeting adjoumed at 8:20 pm. EVONNE HOBACK McMinn ~ Deputy Clerk j-ik-i/ (date)

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