Copies of the Minutes of the Regular Session on January21, 2002 were provided to the Commissioners.

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1 Page Number 393 The McMinn County Board of Commissioners met in Regular Session on Monday, February 18, 2002, at 7:30 pm, in the Blue Room of the McMinn County Courthouse. 1. CALL TO ORDER The meeting was called to order by Chairman Bobby Carter. 2. INVOCATION The Invocation was given by Commissioner Brown. 3. PLEDGE TO THE FLAG The Pledge to the Flag was led by Commissioner Lamb. 4. ROLL CALL Roll Call was taken by Clerk Evonne Jones, as recorded: Rick Brown - Present Joe Gaston - Present Jack King - Present Bob Lamb - Present Gary Mason - Present J. W. McPhail - Present Jack Powers - Present Wayne Shell - Present Owen Vincent - Present Chairman Bobby Carter - Present 5. APPROVAL OF MINUTES Copies of the Minutes of the Regular Session on January21, 2002 were provided to the Commissioners. MOTION made by Commissioner King, and seconded by Commissioner Shell, to approve the Minutes of January 21, REVIEW AND ACCEPTANCE OF THE INDEPENDENT AUDITOR'S REPORT FOR THE YEAR ENDED JUNE Copies of this audit were provided to the Commissioners for review and Mr. Luallen introduced Mr. Tim Royster, the auditor with HG&A Associates, who discussed the findings with the Commission. As Mr. Royster has referred to for the past two years, there will be a significant change in the presentation of accounting for counties, cities and all municipalities, effective June 30, 2003, and he explained some of the fairly complicated changes in the audit and what this will mean to McMinn County. In response to a question from Commissioner Lamb, Mr. Royster explained the importance of doing the inventory of general fixed assets by 2008, but added that with planning, the county should be able to have this done before In response to a question from Chairman Carter, Mr. Luallen said that this has been started. There was also a discussion concerning outside support for this effort as well as the Deputy Finance Director or other Finance Officer personnel acting as an internal auditor.

2 Page Number 394 MOTION made by Commissioner McPhail, and seconded by Commissioner Gaston, to accept the financial statements and audit. 7. APPROVAL OF BIDS AND PURCHASES A. Painting of McMinn County Courthouse Trim Shutters. Mr. Luallen said that bids were opened on February 7, 2002 with five vendors bidding, including one no bid. In a letter of recommendation from Mr. Benny Bivens, Maintenance Supervisor, he recommends the low bid of Hy-Standard Services of Cleveland, TN in the amount of$15, MOTION made by Commissioner Mason, and seconded by Commissioner Powers, to approve this recommendation. In response to a question from Commissioner Gaston, there was a discussion of lengths of warranty and what they include. B. Scott Air Tanks and Cylinders for Use by the McMinn County Rural Fire Department. Mr. Luallen said bids were opened on February 7, 2002, with four actual bidders. In a letter of recommendation from Scott Thompson, McMinn County Fire Department Chief/Coordinator, he recommends the low bid from Industrial Rubber & Safety of Chattanooga as detailed on the bid summary provided to each Commissioner. MOTION made by Commissioner King, and seconded by Commissioner Vincent, to approve this recommendation. C. HVAC Equipment for the McMinn County Courthouse. Mr. Luallen said bids were opened on February 14, 2002 for the heating and air conditioning system at the Courthouse, with two vendors bidding. The County Engineer requested that these bids be rejected and that this bid be re-bid because the low bidder was bidding on equipment that didn't meet the specs and the other bidder has too long a delivery time. MOTION made by Commissioner King, and seconded by Commissioner Mason, to approve the County Engineer's recommendation. D. Approval of Purchases Without Requisitions. Mr. Luallen presented two requisitions for purchases by the Sheriff~s Department as follows: (1) 5 gal Meta Mop from Mar-Von for $ (2) Clinic Supplies from K-Mart for $23.96.

3 Page Number 395 BecauseBecause the invoices were datedbecause the invoices were dated prior to the requisition, County Commiss MOTlONMOTlON made by Commissioner King, and secondedmotlon made by Commissioner King, and secon requisitions. E. Ocoee Environmental Services - Legal Fees. Mr.Mr. Luallen presented a requisition for legalmr. Luallen presented a requisition for legal fees for the Landfill laws payable to Ford & Harrison LLP of Atlanta, GA. MOTIONMOTION made by Commissioner McPhail,MOTION made by Commissioner McPhail, and seconded by requisition. InIn response to ain response to a question from Commissioner Lamb, Mr. Baker explained whatin response to a q were incurred by Ford & Harrison in the suit of McMinn County vs Ocoee Environmental Services. 8. REVIEW AND APPROVAL OF CONTRACTS A. Contract Change Order - Niota Water Line Extensions. Mr.Mr. Luallen referred to a contract change order that was in the Commissioners' Mr. Luallen referred to indicated that this was covered by resolution last month. 9. APPROVAL OF BUDGET AMENDMENTS Mr.Mr. Luallen requested approval of four budget amendments invomr. Luallen requested approval of four budget am were provided to each Commissioner. Fund: Debt Service Fund # 151 DEPARTMENT ACCOUNT FOLIO DEBIT CREDIT Reserve Undesignated Fund ,895, Balance General Gov t Principal on Bonds , Debt Service Principal on Notes , Interest on Bonds , Interest on Notes , Explanation: To budget funds for payoff of the 1992 General Obligation Refunding Bonds and 1994 Capital Outlay Notes on April 1, 2002 as approved by the County Commission on 1/21/02.

4 Page Number 396 MOTION made by Commissioner McPhail, and seconded by Commissioner Vincent, to approve this budget amendment. Motion carried by roll call vote, as recorded: Rick Brown - Aye Joe Gaston - Aye Jack King-Aye Bob Lamb - Aye Gary Mason - Aye J.W. McPhail - Aye Jack Powers - Aye Wayne Shell - Aye Owen Vincent - Aye Chairman Bobby Carter - Aye Fund: Education Capital Project Fund # 177 Date: January 28,2002 DEPARTMENT ACCOUNT FOLIO DEBIT CREDIT Other Sources Operating Transfers , Education Capital Building Construction , Capital Projects (Niota) Building Imp. (E.K. Baker) , Other construction (Mtn ,010 View) Other Capital Outlay EXPLANATION: To budget available funds from County Commission Other Capital Project Fund to complete funding of the Capital Projects approved by the Board of Education. School Board approved 2/12/02. MOTION made by Commissioner King, and seconded by Commissioner Shell, to approve this budget amendment. Motion carried by roll call vote, as recorded: Rick Brown - Aye Joe Gaston - Aye Jack King - Aye Bob Lamb - Aye Gary Mason - Aye J.W. McPhail - Aye Jack Powers - Aye Wayne Shell - Aye Owen Vincent - Aye Chairman Bobby Carter - Aye

5 Page Number 397 Federal Funds Project # 142 February 7, 2002 DEPARTMENT ACCOUNT FOLIO DEBIT CREDIT Regular Instruction Instrc. & Education , Program Materials Reserve Res. For Innovative , Prog. Strat. EXPLANATION: To enter the Title VI budget that was approved by the State February 4, School Board approval 2/12/02. Fund: Federal Projects # 142 Title # 181 Date: February 7, 2002 DEPARTMENT ACCOUNT FOLIO DEBIT CREDIT Reg. Instruc. In- Service staff develop , Program support Ment Reserve Other Federal Reserves , Revenue Eisen. Prog. Dev. St. Grant , EXPLANATION: To enter the Title II budget that was approved by the State February 4, School Board approval 2/12/02. Fund: Federal Projects # 142 Title VI CSR DEPARTMENT ACCOUNT FOLIO DEBIT CREDIT Regular Instruction Teachers , Program Social Security , State Retirement , Life Insurance Medical Insurance , Unemployment Comp Sation Employer Medicare Other Fringe Benefits Revenue Innovative Ed. Program , Strat. EXPLANATION: To enter Amendment # for the Title VI Class Size Reduction Program that was approved by the State February 5, School Board approval 2/12/2002.

6 Page Number 398 MOTION made by Commissioner King, and seconded by Commissioner McPhail, to approve these budget amendments. Motion carried by roll call vote, as recorded: Rick Brown - Aye Joe Gaston - Aye Jack King - Aye Bob Lamb - Aye Gary Mason - Aye J. W. McPhail - Aye Jack Powers - Aye Wayne Shell - Aye Owen Vincent - Aye Chairman Bobby Carter - Aye In response to a questions from Commissioner King and Commissioner Lamb, Mr. Luallen said that all the general obligation notes will be paid April 1, 2002, but the County has co-signed for the hospital on two notes totaling approximately $4 million. This results in a contingent liability for the County, but is not a general debt of the County. 10. COMMENTS FROM THE AUDIENCE A. Presentation of Proposal for Revitalization of Downtown Athens - Mr. Clay Chastain. Mr. Clay Chastain, a City Designer, who lives in Athens, presented a proposal for the revitalization of downtown Athens and he provided each Commissioner with his drawings. He proposes that the County form a partnership with the City of Athens to carry out and oversee a five-year plan for the revitalization of downtown Athens involving three phases, including the design of several structures to match the architecture of the Depression Era. The first phase would include a aesthetically-designed parking garage and farmer's market on the current site of the large parking lot and the former location of Burkett's Barbecue. The second phase is building a "theater for the ages" for movies, presentations and performing arts events on the site of the old Eureka Building, and the third phase is a remodeled structure and upscale parking for the new Courthouse Annex and a new Post Office in the Madison Park Shopping Center, with a pedestrian lane connected to the Courthouse. Mr. Chastain said a commitment from the County and the City to would encourage business owners to improve their own businesses and renovate their store fronts. This plan is $12 million. This doesn't include the Post Office because the City could lease out the Post Office building which would make payments on the debt of that building for over a 20 year period like they did in Etowah. The first logical step is for the County and the City of Athens to form this partnership with the goal being to revitalize downtown Athens and added that this could be a way to build unity. Mr. Chastain offered his services as a liaison between the County and the City to facilitate this partnership. Mr. Chastain introduced Mr. Fred Henderson, an architect from Cleveland, as well as several local business owners who spoke favorably of this project and requested the Commission to seriously consider Mr. Chastain's proposal. Mr. Chastain also said that because of the good stewardship of the County, the County has a good bond rating and he feels it would be prudent to let out a general obligation bond to launch the project with the parking garage and farmer's market. Mr. Banks pointed out that although the County is debt free, the County has a five-year ongoing capital projects improvement fund and added that they could not let out a bond without additional revenue. Mr. Chastain said that the first phase may have to be funded by a variety of sources.

7 Page Number 399 Following a lengthy discussion regarding other cities of similar size that have successfully renovated their downtown, costs involved, possible federal funds available for downtown revitalization, and the benefits of such a renewal project, Chairman Carter said that the County Commission would be discussing this at their Planning Session. B. Request for Assistance from County Resident. Jean Pierce of the Clayhill Area. Mrs. Jean Pierce, a resident at 508 County Road 675 in the Clayhill Area, addressed the Commission regarding a water problem that affects her property and three bordering properties. Mrs. Pierce said that the County built a new road portion of County Road 675 which fronts her property and when they put the new road section in, they left the old road section in place which is part of her property now and it landlocks all water drainage onto her property. Then in 1979, they put a new road in, County Road 684, just south of her property and due to not having adequate drainage, she gets all of the water that comes off that road also. She requested the County to grade down the old road bed which will allow the water to access to a drain tile which is under the new section of road and then try to do something on the new road to take some drainage off of her property and the adjoining properties. The Highway Commissioner was familiar with the situation but he believes that the problem is due to two small drain tiles put in by the residents. Mrs. Pierce disagrees because the water problem was there before they inserted the drain tiles. After several questions from Commissioners, Chairman Carter asked the two Commissioners from that district to meet with the Highway Commissioner and look at this drainage problem. 11. RESOLUTIONS None. 12. ELECTIONS. APPOINTMENTS AND CONFIRMATIONS None. 13. REPORTS FROM COMMITTEES. COUNTY OFFICIALS. COMMENTS FROM COMMISSIONERS A. Budget Committee - Commissioner Powers. Commissioner Powers said that the Budget Committee met prior to this meeting to discuss the wheel tax proposal which was discussed earlier as an alternative to the tax increase. The Budget Committee recommends we not pursue the wheel tax any further at this time and added that if the citizens want to put this on the ballot, they can bring a petition to the County Commission to place the wheel tax on the ballot. Commissioner King said that he thought that it was agreed earlier that the voters would have the choice to vote for a wheel tax or keep the property tax increase. The County Attorney has advised that the two issues could not be linked on ballot and would have to be voted on separately because they fell into different legal categories. A lengthy discussion followed concerning feedback received from taxpayers, public understanding of the issue and the process that would be required to get the wheel tax back on the ballot if the Commission votes to not pursue it. MOTION made Commissioner Powers, and seconded by Commissioner Brown, to not put the wheel tax referendum on the ballot.

8 Motion carried by roll call vote, as recorded: Page Number 400 Rick Brown - Aye Joe Gaston - Aye Jack King - Nay Bob Lamb - Nay Gary Mason - Aye J. W. McPhail - Aye Jack Powers - Aye Wayne Shell - Aye Owen Vincent - Nay Chairman Carter - Aye Chairman Carter added that if the Commission is presented with a petition asking that the wheel tax issue be put on the ballot, he would be supportive of it. In response to questions from several Commissioners, there was a discussion with the County Attorney concerning the number of signatures that would be required on such a petition and the procedures involved with this. B. Note of Appreciation from Mr. Fiegle. Chairman Carter read a note of appreciation for the surprise retirement party and the friendship and support over the past eighteen years. C. Request of Commissioner Shell for Update from Woods Hospital Board. Commissioner Shell requested that Mr. Jerry Seale of the Woods Memorial Hospital Board be invited to the next Commission meeting to give a report on the hospital. D. Removal of County Road 889 from McMinn County Road System - Commissioner King. Commissioner King referred to a February 7, 2002 memorandum from the Highway Commission recommending that McMinn County Road 889 be removed from the County Road System because the reconstruction of State Route 411 right of way has consumed all of County Road 889. MOTION made by Commissioner King, and seconded by Commissioner Gaston, to approve the Highway Commissioner's recommendation. E. Comments by Commissioner Kin~ Regarding Dizzy Dean Problem. Commissioner King asked Commissioner Brown to meet with Larry Eaton of the Dizzy Dean organization regarding a problem at the Landfill. F. Question from Commissioner Gaston Regarding the Agreement Between the City of Athens and McMinn County Regarding the Regional Park and the Fair. Commissioner Gaston asked where we stand with the agreement between the City of Athens and McMinn County regarding the Regional Park and the Fair. Chairman Carter said that the Mayor of Athens has met with the Chairman of the Fair Board and this issue is still under study. There was also some discussion concerning other groups using the facilities and the need to get things in order out there.

9 Page Number 401 G. Retirement of K-9 Unit. Sheriff Frisbie said that the K-9 Officer, Terry Wilson, has resigned and will be leaving the department in the near future. He has been the sole trainer/handler of his K-9 for a period of six years and statistics show that after a period of five years, it is difficult to transfer leadership of a dog to another handler. This dog has been cross trained as both a narcotics dog and attack dog and it is a very aggressive dog. The dog was purchased and trained with funds from the drug fund, not the general fund. Sheriff Frisbie recommends that this dog be retired and relinquished to Officer Wilson in order to reduce liability to the County. MOTION made by Commissioner King, and seconded by Commissioner Gaston, to approve the Sheriff's recommendation, declare the dog surplus and sell the dog to Mr. Wilson for $1.00, subject to CTAS approval. In response to a question from Chairman Carter, there was some discussion concerning the legality of this and CTAS will be consulted. Motion carried subject to CTAS approval. If CTAS does not approve the dog's transfer, the County could be liable to Mr. Wilson for the upkeep of the dog during the time he has care of the dog after his last day. H. Open House at the McMinn County Courthouse Annex. Clerk Evonne Jones invited everyone to the Open House at the McMinn County Courthouse Annex on Thursday, February 28, 2002 between 10:00am - 12:00 noon. 14 COMMENTS FROM THE COUNTY EXECUTIVE A. Courthouse Annex and Renovation Committee. Mr. Banks said the Courthouse Annex and Renovation Committee met just prior to this Commission meeting to go over some of the changes in spaces for the Finance Office, the County Executive's Office, the Property Assessor's Office and the Register of Deeds Office. Mr. Banks said that the Committee felt that the architect is progressing in an acceptable manner and will be continuing on with the program. B. McMinn County Exposition Center Development and Oversight Committee. Mr. Banks said that his office has been getting requests for the facility and added that callers are told that we have a "roof over real estate and lights" and callers are told that they should come and look at the facility before they book it because we are a work in progress. Commissioner Mason said we need a plan of action in place to get this facility ready. C. Farewell to Brent Cranfield. Mr. Banks announced that Brent Cranfield, Executive Assistant to the County Executive, has taken another position and Mr. Banks congratulated him and wished him well. Chairman Carter suggested that a resolution be drawn up commending Brent for his service to McMinn County. MOTION made by Commissioner Vincent, and seconded by Commissioner Shell, to prepare this resolution.

10 Page Number 402 D. Security Standards at the Courthouse. Mr. Banks said McMinn County is in compliance with the security standards at the Courthouse as required by the State and we are making the necessary reports. E. Official Statutory Bond for Jason Duane Luallen Director of Finance. Mr. Banks presented Mr. Luallen's Official Statutory Bond as Director of Finance for approval. MOTlON made by Commissioner King, and seconded by Commissioner McPhail, to approve Mr Luallen's bond. F. Comments by Mr. Brent Cranfield. Mr. Cranfield said lie has enjoyed his time as the Executive Assistant and he plans to remain an active citizen. 15. APPROVAL OF NOTARY APPLICATIONS AND BONDS Copies of the following notary applications and bonds were furnished to the Commissioners as recorded: Steven R. Grubb Marie Ann Falls Vicki L. Nichols Connie Hall Steven Ray McDermott Patrick G. Ingraham Jennifer L. Linton Sarah Larson J. C. Manning Chadwick C. Swafford Evalyn S. Massingale D. A. Byrum Notary Applications and Bonds for February 2002 MOTION made by Commissioner King, and seconded by Commissioner Mcphail, to approve these notary applications and bonds as listed. 16. ANY OTHER BUSINESS THAT MAY LEGALLY COME BEFORE THE COMMISSION A. Comments by Commissioner Gaston Regarding Agriculture and Community Exhibition Center Development & Oversight Committee. Commissioner Gaston recommended one more time that each District be represented on the Agriculture and Community Exhibition Center Development & Oversight Committee.

11 B. Comments by Highway Commissioner Regarding County Road 125. Page Number 403 Because the redesign of County Road 125 was not an improvement, the Highway Commissioner said that the State has agreed to let him do the engineering and contracting. He will notify the Commission when it is finished. 17. ADJOURNMENT There being no other business, Chairman Carter declared the meeting adjourned at 9:45 pm. EVONNE JONES McMinn County Clerk ATTEST: Deputy Clerk Date