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2 WASHINGTON COUNTY BOARD OF COUNTY COMMISSIONERS January 2013 AGENDA 1. Call to order by Chair. 2. Prayer and Pledge to the Flag. 3. Roll Call. 4. Public hearings. At the conclusion of the public hearings, the Board of County Commissioners will reconvene in regular session. Upon reconvening, the order of business shall continue as follows: 5. Planning Commission and Zoning a. No Board of Zoning Appeals meeting. b. Receive Planning Commission Minutes from January 8, 2013, meeting. pg. 6 c. No Rezoning Resolutions. 6. Resolutions for special recognition and Proclamations. a. Proclamation in recognition of the Washington County Zoning Administrator s Office for achieving full TDEC Qualified Local Program status. pg Receive and consider approving December 2012 minutes (previously mailed). 8. Elections, appointments, and confirmations. a. Consider Resolution No Resolution Appointing Members to the E-911 District Board. pg. 22 b. Consider Resolution No Resolution Appointing Members to the Budget Committee. pg Reports of Officials and Committees a. Receive commissioner requests for separate consideration of resolutions on the Consent Agenda. b. Director of Schools Report. 1. No written report submitted. c. Joint Education Committee 1. No meeting. 2. No Education Sub-Committee Meeting. January 28, 2013, Agenda Page 1 of 4 01/2013 Page 2 of 300

3 d. Director of Health and Department 1. Receive written report. pg No Action Item. e. Courtroom Security Committee 1. No written report. 2. No Action Item. f. Budget Committee 1. Receive written report of December 12, 2012 meeting. pg Receive written report of January 16, 2013, meeting. pg Consider Resolution No Resolution Amending Fiscal Year Budget Re: Sheriff s Department Drug Fund. pg Consider Resolution No Resolution Amending Fiscal Year Budget Line Items Re: Washington County-NRCS Emergency Watershed Protection Programs. pg. 129 g. County Mayor 1. No written report. h. County Attorney 1. No written report. See Report of the Legal Services Oversight Committee. i. Ethics Committee 1. No meeting. j. Rules Committee 1. No meeting. k. Public Works Committee 1. Receive written report of January 8, 2013, meeting. pg Consider Resolution No Resolution Adopting the Annual Road List. pg. 153 *Resolution Attachment is in the Appendix. l. Public Safety Committee 1. Receive written report of January 8, 2013, meeting. pg. 155 m. Zoning Administration Oversight Committee 1. Receive written report of January 8, 2013, meeting. pg. 159 January 28, 2013, Agenda Page 2 of 4 01/2013 Page 3 of 300

4 n. County-Owned Property 1. Receive written report of January 2, 2013, meeting. pg Consider Resolution No Resolution of Approved Lease for County-Wide VOIP Telephone System w/attachment. pg. 165 o. Solid Waste Committee 1. No meeting. p. Committee on Committee 1. No meeting. q. CIA Committee 1. Receive written report of January 15, 2013, meeting. pg. 197 r. General Health & Welfare 1. No written report submitted. s. Audit Committee 1. Receive written Report of December 14, 2012, meeting. pg. 198 t. Public Records Commission 1. No meeting. u. Mayor s Water Task Force 1. No meeting. v. City-County Liaison 1. The January 2013 meeting is scheduled for January 24, w. Oversight and Steering 1. The January 2013 meeting is scheduled for January 31, No Sub-Committee meeting. x. Legal Services Committee 1. Receive written report of January 8, 2013, meeting. pg. 200 y. Historical Display Committee 1. The January 2013 meeting is scheduled for January 24, Old Business. a. None. January 28, 2013, Agenda Page 3 of 4 01/2013 Page 4 of 300

5 11. Notaries 1. Consider Resolution No Resolution Approving the Election of Notaries Public for Appointment and/or Reappointment for Washington County, Tennessee w/attachment. pg New Business. a. Animal Control Facilities Update. No written report submitted. 13. b. Consent Agenda. All resolutions listed will be grouped for one vote, unless a commissioner requests a separate vote for a particular resolution. 1. Consi ders Resolution No Resolution Amending Fiscal Year Budget Line Items Related to Legal Services Department. pg Consider Resolution N o Resolution Amending Fiscal Year Budget Re: Various Line Items for County Trustee s Department. Pg Consider Resolution N o Resolution Amending Fiscal Year Budget Re: Sheriff s Department Various Line Item Transfers. pg Consider Resolution No Resolution Amending Fiscal Year Budget Re: Tax Assessor Line Item Transfers. pg Con sider Resolution No Resolution Amending Fiscal Year Budget Re: Washington County Assessor s Department. pg Consider Resolution No Resolution Amending Fiscal Year Budget Re: Clerk & Master Various Line Item Changes. pg Consider Resolutio n No Resolution Amending Fiscal Year Budget Re: Washington County Register of Deeds. pg Conside r Resolution No Resolution Amending Fiscal Year Budget Re: Office of the County Trustee. pg. 222 Appendix 1. County Road List. pg Miscellaneous announcements. 15. Adjournment. January 28, 2013, Agenda Page 4 of 4 01/2013 Page 5 of 300

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21 In Recognition of Washington County Zoning Administrator s Office Qualifying Local Program (QLP) Status WHEREAS, Tennessee Department of Environment and Conservation (TDEC) recognized there are many local jurisdictions throughout Tennessee that have developed an effective construction stormwater program of their own and have a solid regulatory program in place; and WHEREAS, On October 9, TDEC formally announced the first five communities to participate in TDEC s new stormwater qualifying pilot program. The five Municipal Separate Storm Sewer Systems (MS4s) communities were Washington and Knox counties and the cities of Bristol, Cookeville and Knoxville; and WHEREAS, The main purpose of the new Tennessee Qualifying Local Program (QLP) is to eliminate duplicative efforts at the state and local level in the current stormwater permitting process and is designed to build efficiencies in how construction stormwater permits are issued, improve local water quality, and customer service; and WHEREAS, The QLP pilot program was made possible through a Stormwater Innovation Grant awarded by the U. S. Environmental Protection Agency and Public Chapter 1019 passed in the Tennessee General Assembly that allowed any MS4 to apply with TDEC to become a qualified local program; and WHEREAS, Washington County Zoning Administrator s Office demonstrated that its construction stormwater program met or exceeded the provisions of the state s Construction General Permit and is now able to administer its own stormwater construction permitting program to move from a dual permit to a single permit system administered by the QLP; and WHEREAS, Washington County has now distinguished itself, under the leadership of Zoning Administrator Michael P. Rutherford and the hard work of the staff of the zoning department, as the first local government in the state of Tennessee to receive full QLP status; now therefore BE IT PROCLAIMED, BY MAYOR DANIEL J. ELDRIDGE AND THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, TENNESSEE, THAT We do hereby congratulate, recognize, and honor Washington County Zoning Administrator, Mr. Michael P. Rutherford, and the staff of the Washington County Zoning Administrator s Office for being the first in the state of Tennessee to achieve full TDEC Qualifying Local Program status, and we acknowledge their commitment to provide the best services available in the construction permit process to the developers and residents of Washington County. We also appreciate the example of dedication to excellence the Washington County Zoning Administrator s Office has provided to our community to emulate. ADOPTED BY THE COUNTY LEGISLATIVE BODY, in session duly assembled, on this, the 28 th day of January IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of Washington County, Tennessee to be affixed in Jonesborough on this day of January DANIEL J. ELDRIDGE, COUNTY MAYOR WASHINGTON COUNTY, TENNESSEE 01/2013 Page 21 of 300

22 WASHINGTON COUNTY, TENNESSEE BOARD OF COUNTY COMMISSIONERS RESOLUTION No RESOLUTION APPOINTING MEMBERS TO THE EMERGENCY COMMUNICATIONS DISTRICT E-911 WHEREAS, the Washington County Emergency Communications District E- 911 is governed by a Board of Directors consisting of nine members appointed by the County Mayor; and WHEREAS, the term of office for the E-911 Board is four years; and WHEREAS, the law provides that the County Mayor must appoint the members of the Board of Directors, and the Board of County Commissioners must confirm or reject the appointments; and WHEREAS, the terms of three members ended on October 31, 2012, and the County Mayor has made the following appointments to the Emergency Communications District E-911 Board of Directors: 1) Commissioner Sam Phillips to replace former Sheriff Fred Phillips; 2) Chief Mark Scott, Johnson City Fire Department, to replace Commissioner Greg Matherly; and WHEREAS, Mr. Allen Taylor has retired and with his retirement created a vacancy on the Board of Directors for the newly-hired EMS Director to assume this 911 Board position, and the County Mayor has appointed Mr. Dan Wheeley, Director of EMS, to replace Mr. Allen Taylor; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, TENNESSEE THAT: SECTION 1. Upon the recommendation and appointment of the County Mayor, Commissioner Sam Phillips, is confirmed as a member of the E-911 Board of Directors for a term ending October 31, SECTION 2. Upon the recommendation and appointment of the County Mayor, Mr. Dan Wheeley is confirmed as a member of the E-911 Board of Directors for a term ending October 31, SECTION 3. Upon the recommendation and appointment of the County Mayor, Chief Mark Scott is confirmed as a member of the E-911 Board of Directors Resolution No Page 1 of 2 01/2013 Page 22 of 300

23 for a term ending October 31, SECTON 4. As these are board appointments, this resolution is not subject to veto, and this Resolution shall become effective immediately upon its 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 28 th day of January KATHY STOREY, County Clerk GREG MATHERLY, Chair of the Board County Clerk to provide a certified copy of this Resolution to the Chair of the Washington County Emergency Communications Board. Completed on this the day of KATHY STOREY, County Clerk Resolution No Page 2 of 2 01/2013 Page 23 of 300

24 WASHINGTON COUNTY, TENNESSEE BOARD OF COUNTY COMMISSIONERS RESOLUTION No RESOLUTION APPOINTING MEMBERS TO THE BUDGET COMMITTEE WHEREAS, the Budgeting Law of 1957 requires the county mayor, with the approval of the county legislative body, to appoint a budget committee at its regular January session of each year or at any subsequent session; and WHEREAS, the county mayor has recommended the appointments of Commissioner Grandy, Commissioner Meredith, Commissioner Speropulos and Commissioner Flynn as members of the Washington County Budget Committee; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, TENNESSEE THAT: SECTION 1. Upon the recommendation and appointment of the County Mayor, Commissioner Grandy is confirmed as a member of the budget committee. SECTION 2. Upon the recommendation and appointment of the County Mayor, Commissioner Speropulos is confirmed as a member of the budget committee. SECTION 3. Upon the recommendation and appointment of the County Mayor, Commissioner Meredith is confirmed as a member of the budget committee. SECTION 4. Upon the recommendation and appointment of the County Mayor, Commissioner Flynn is confirmed as a member of the budget committee. SECTION 5. This Resolution shall take effect upon its adoption. Introduced by Commissioner Seconded by Commissioner Commissioners Voting FOR Resolution: Commissioners Voting AGAINST Resolution: Commissioners NOT VOTING: Commissioners ABSENT: Resolution No Page 1 of 2 01/2013 Page 24 of 300

25 ADOPTED BY THE COUNTY LEGISLATIVE BODY, in session duly assembled, on this the 28 th day of January KATHY STOREY, County Clerk GREG MATHERLY, Board Chair Resolution No Page 2 of 2 01/2013 Page 25 of 300

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126 WASHINGTON COUNTY, TENNESSEE BOARD OF COUNTY COMMISSIONERS RESOLUTION No RESOLUTION AMENDING FISCAL YEAR BUDGET RE: SHERIFF S DEPARTMENT DRUG FUND WHEREAS, the Washington County Sheriff s Office respectfully requests the following amendments to the Sheriff s Department Drug Fund for Fiscal Year Reduce $159, from line time (Drug Fund); to cover departmental expenses; 2. Add $10, to line item (In-Service Training); 3. Add $6, to line item (Travel); 4. Add $26, to line item (Data Processing Supplies); 5. Add $35, to line item (Law Enforcement Supplies); 6. Add $2, to line item (Uniforms); 7. Add $11, to line item (Vehicle Parts); 8. Add $19, to line item (Data Processing Equipment); 9. Add $48, to line item (Law Enforcement Equipment); and WHEREAS, these amendments represent new spending from a reserve account available to the Sheriff s Department for certain purposes, but no money comes from (Undesignated General Fund); and WHEREAS, these requests were presented to the Public Safety Committee on January 8, 2013, and this committee recommended their approval; and WHEREAS, at its meeting on January 16, 2013, the Budget Committee heard this request and the committee recommended adoption by the Board of County Commissioners; now therefore Resolution No Page 1 of 3 01/2013 Page 126 of 300

127 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, TENNESSEE THAT: SECTION 1. Fiscal Year Budget is amended to reduce $159, from line time (Drug Fund). SECTION 2. Fiscal Year Budget is amended to add $10, to line item (In-Service Training). SECTION 3. Fiscal Year Budget is amended to add $6, to line item (Travel). SECTION 4. Fiscal Year Budget is amended to add $26, to line item (Data Processing Supplies). SECTION 5. Fiscal Year Budget is amended to add $35, to line item (Law Enforcement Supplies). SECTION 6. Fiscal Year Budget is amended to add $ 2, to line item (Uniforms). SECTION 7. Fiscal Year Budget is amended to add $11, to line item (Vehicle Parts). SECTION 8. Fiscal Year Budget is amended to add $19, to line item (Data Processing Equipment). SECTION 9. Fiscal Year Budget is amended to add $48, to line item (Law Enforcement Equipment). SECTION 10. This Resolution shall take effect immediately upon approval of the County Mayor or ten days after its presentment to the County Mayor. Introduced by Commissioner: Seconded by Commissioner: Commissioners Voting FOR Resolution: Commissioners Voting AGAINST Resolution: Commissioners NOT VOTING: Commissioners ABSENT: Resolution No Page 2 of 3 01/2013 Page 127 of 300

128 ADOPTED BY THE COUNTY LEGISLATIVE BODY, in session duly assembled, on this the 28 th day of January KATHY STOREY, County Clerk GREG MATHERLY, Chair of the Board REFERRED to County Mayor this the day of January KATHY STOREY, County Clerk APPROVED by County Mayor on this the day of DANIEL J. ELDRIDGE, County Mayor The County Mayor having declined to approve this Resolution, the same became effective on the day of 2013, pursuant to Tennessee Code Annotated (b)(5). KATHY STOREY, County Clerk Director of Accounts and Budgets to revise the annual budget to reflect these amendments. Completed on the day of Bobbye Webb, Director of Accounts and Budgets Resolution No Page 3 of 3 01/2013 Page 128 of 300

129 WASHINGTON COUNTY, TENNESSEE BOARD OF COUNTY COMMISSIONERS RESOLUTION No RESOLUTION AMENDING FISCAL YEAR BUDGET LINE ITEMS RE: WASHINGTON COUNTY-NRCS EMERGENCY WATERSHED PROTECTION PROGRAM WHEREAS, the Washington County Road Superintendent has worked extensively with the Natural Resources and Conservation Services (NRCS) concerning the recommended stream remediation needed as a result of the 2012 flooding; and WHEREAS, the total estimated construction costs is $838, for cobble and debris removal with stream stabilization along Dry Creek and in the Dry Creek watershed in Washington County, Tennessee; and WHERAS, the NRCS Emergency Watershed Protection Program is a 75% to 25% matching federal grant for which Washington County will be reimbursed an estimated $628, upon completion of the project (see attachment); and WHEREAS, the Director of Accounts and Budgets requested the following amendments to cover the costs of the Washington County-NRCS Emergency Watershed Protection Program: 1. Reduce $178, from line item (Matching Share Stream Remediation Projects); 2. Reduce $31, from line item (Unassigned); 3. Reduce $628, from line item (NRCS Federal Grant Stream Remediation); 4. Add $838, to line item (Other Contracted Services); and WHEREAS, at its meeting on January 16, 2013, the Budget Committee heard these requests, and the committee recommended adoption by the Board of County Commissioners; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, TENNESSEE THAT: SECTION 1. Fiscal Year Budget is amended to reduce $178, from line item (Matching Share Stream Remediation Projects). Resolution No Page 1 of 3 01/2013 Page 129 of 300

130 SECTION 2. Fiscal Year Budget is amended to reduce $31, from line item (Unassigned). SECTION 3. Fiscal Year Budget is amended to reduce $628, from line item (NRCS Federal Grant Stream Remediation). SECTION 4. Fiscal Year Budget is amended to add $838, to line item (Other Contracted Services). SECTION 5. This Resolution shall take effect immediately upon approval of the County Mayor or ten days after its presentment to the County Mayor. 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 28 th day of January KATHY STOREY, County Clerk GREG MATHERLY, Chair of the Board REFERRED to County Mayor this the day of January KATHY STOREY, County Clerk APPROVED by County Mayor on this the day of DANIEL J. ELDRIDGE, County Mayor Resolution No Page 2 of 3 01/2013 Page 130 of 300

131 The County Mayor having declined to approve this Resolution, the same became effective on the day of 2013, pursuant to Tennessee Code Annotated (b)(5). KATHY STOREY, County Clerk Director of Accounts and Budgets to revise the annual budget to reflect these amendments. Completed on the day of Bobbye Webb, Director of Accounts and Budgets Resolution No Page 3 of 3 01/2013 Page 131 of 300

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151 Public Works and Planning Committee January 8, 2013 Meeting Report Present: Gerald Sparks, Richard Matherly, Doyle Cloyd, Ben Bowman, & Mike Ford Others: Johnny Deakins, John Rambo-Co. Attorney, Mike Rutherford, Troy Ebbert, Chris Pape & Bobby France of Zoning, Commissioners Mark Ferguson, David Shanks, Sam Humphreys, Steve Light, Pat Wolfe, Mr. Pascal Lewis and his attorney, Mr. Brett Cole, and Lesley Musick of 911-Emergency Chairman Sparks called the meeting to order at 1:13 pm. Item #1: Lewis Circle Pascal Lewis of 127 Lewis Circle and his attorney Brett Cole asked f0r the actions from last meeting be rescinded and to clarify statements made about developing a subdivision. He expressed to the committee that he had done everything that was asked of him to do to satisfy the committee in Discussion from Commissioner Sam Humphreys who was opposed to Mr. Lewis s request and Commissioner Pat Wolfe who stated that it would be an injustice to remove Lewis Circle from the road list, being the Mr. Lewis complied with all request of the Public Works Committee in 2008 as did the property owners of David Bull Lane and McBride Lane that were accepted the same month in More discussion was heard from Commissioner David Shanks, John Deakins and John Rambo. Commissioner Cloyd made the motion to study for couple of months and bring back to the Public Works Committee at their March 2 nd meeting. Commissioner Matherly seconded the motion. Motion was approved unanimously. Item #2: Mr. Deakins handed out the County Road List to be approved with one addition of Virgil Green Road. Commissioner Cloyd made the motion to approve with a second from Commissioner Bowman, motion was approved unanimously. Item #3: Mr. Deakins passed out the annual asphalt report. Item #4: Mr. Deakins presented a letter from Susan McKinney requesting traffic calming devices in Cedar Valley Subdivision. Committee Ford made a motion to continue with the study of the calming devices. Commissioner Matherly seconded the motion. Motion approved. Item #5: Commissioner Bowman requested Mr. Deakins to look at property owned by Phil Wheelock at 1325 Harmony Road have very bad S curves at this address. Item #6: Commissioner Ferguson asked for an update on the bridge on Mottern Road. Mr. Deakins reported it was in the planning stages. Item #7: Bobby France from Zoning presented finding on Potter Road. Chairman Sparks and Mr. Deakins will look at the road. 01/2013 Page 151 of 300

152 Page 2, continued Public Works Meeting Item #8: Commissioner Light requested information on Lou Fox Road. Commissioner Ferguson and Mike Rutherford said they went to Lou Fox Road to investigate the issue of drainage easement and standing water in the roadway. Mr. Rutherford asked Mr. Rambo for an opinion if the County was responsible for maintaining the 15 foot drainage easement for the discharge of water off of County right-of-way. He also asked about standing water in the road if the County has an obligation to relive standing water in roads. After discussion and looking at pictures Mr. Deakins stated that the picture was taken during a 3 to 4 inch rainfall in less than an hour and the tile just could not carry that amount of water and it was not standing, it was moving water 4 to 6 inches deep over Lou Fox Road. Mr. Rambo stated that though the subdivision plat state there is 7 ½ feet easements on either side of the lots for drainage system. Mr. Rambo told the committee that he would get to Mr. Deakins and Mr. Rutherford with his opinion. There being no further business Commissioner Matherly made the motion to adjourn, seconded by Commissioner Cloyd, meeting adjourned at 2:34 pm 01/2013 Page 152 of 300

153 WASHINGTON COUNTY, TENNESSEE BOARD OF COUNTY COMMISSIONERS RESOLUTION No RESOLUTION ADOPTING THE ANNUAL ROAD LIST WHEREAS, TENN. CODE ANN requires the county legislative body to annually adopt a list of all county roads with classifications according to width and to file the list with the county clerk; and WHEREAS, the chief administrative office of the county highway department has submitted a county road list with changes and said list has been approved by the county legislative body s public works committee; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, TENNESSEE THAT: SECTION 1. The list of county roads as classified in the attachment to this exhibit is hereby adopted. SECTION 2. This Resolution shall take effect from and after the date on which it is approved by the County Mayor or as indicated by certification of the County Clerk, as hereinafter set forth. 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 28 th day of January 2013 KATHY STOREY, County Clerk GREG MATHERLY, Chair of the Board Resolution No Page 1 of 2 01/2013 Page 153 of 300

154 REFERRED to County Mayor this the day of January KATHY STOREY, County Clerk APPROVED by County Mayor on this the day of DANIEL J. ELDRIDGE, County Mayor The County Mayor having declined to approve this Resolution, the same became effective on the day of February 2012, pursuant to Tennessee Code Annotated (b)(5). KATHY STOREY, County Clerk Resolution No Page 2 of 2 01/2013 Page 154 of 300

155 Washington County Public Safety Committee Report of the January 8, 2013, Meeting A meeting of the Washington County Public Safety Committee was held on Tuesday, January 8, 2013, at 6:00pm in the Washington County Executive Office Building, 2 nd Floor Conference Room. Committee Members Attending: Chairman Roger Nave, Commissioners Phillips, Speropulos, Ford and Humphreys. Committee Members Absent: None Others Attending: Mayor Eldridge, County Clerk Kathy Storey, Register of Deeds Ginger Jilton, Trustee Jack Daniels, Sheriff Ed Graybeal, Commissioners Shanks and Meredith, County Attorney John Rambo, County Paralegal Roberta Chubb, several constables, several constituents, and a representative from the local media. Chairman Roger Nave called the meeting to order at 6:00pm. Chairman Nave then called on Sheriff Graybeal who had budget amendments to present. Sheriff Graybeal stated there is $159,702 in the Drug Fund, and he requested these fund for the following budget amendments: The Sheriff s Department had officers that assisted in the Dry Creek Road Flood Disaster the Department s officers need more training in swift water rescue, the (1) request is for $10,500 for in-service training and $6,000 for travel; The Department s K-9 units needs new uniforms and patrol cars need to be equipped with cages, the (2) request is for $2,000 for uniforms and $11,000 to equip K-9 vehicles with cages; the Department needs additional law enforcement supplies, the (3) request is for $35,600; the Department needs additional data processing supplies, the (4) request is for $26,500; the Department s tasers have helped with less workers compensation claims from officers and have also been used in the Detention Center, and the Department desires to buy more, the (5) request is for $48,852; the Department needs to purchase data processing equipment, the (6) request is for $19,250. There is a separate budget amendment (7) request to remove $2,000 out of the Other Charges lineitem and to add to the line-item Periodicals, this request is for purchase of WestLaw on-line legal research subscription. Commissioner Speropolus then moved to approve the first six amendments that involve requests to expenditure Drug Fund resererves, which represents no new money from the General Fund; Commissioner Phillips seconded the motion, and the motion was unanimously adopted. Commissioner Speropolus then moved to approve the seventh budget amendment request for Westlaw; Commissioner Ford seconded the motion, and the motion was unanimously adopted. 01/2013 Page 155 of 300

156 Chairman Nave then recognized County Attorney John Rambo. Mr. Rambo handed out a report prepared on the documentation he received from the Washington County Constables concerning the required in-service and firearms training. Commissioner Ford stated that all nine constables had completed the 40-Hour in-service training, but there was one that had not completed the firearms training. The report presented erroneously showed two constables had not submitted firearms certificates, Mike Bacon and John Couch. Constable Bacon was present and stated that he had completed the training and presented his Tennessee Constable Association card as his record of the training. Mr. Rambo then reported on the committee s request for a resolution concerning animal control regulations; Mr. Rambo then handed out copies of the requested resolution. He reported that the resolution had been reviewed by Debbie Dobbs, Director of the Animal Control Center; she made minor changes and said she was pleased the committee was taking this action. Mr. Rambo then gave an oral overview of the content of the 18-page resolution that included an explanation of the authority of the animal control officer and sheriff deputies, rules concerning dangerous dogs and tag requirement, Sections III - Care of animals, IV Cruelty to Animals, V Restraint and Confinement, VI Dangerous Dog Determination, IX Nuisance, and XI Enforcement, XII Inspections and XIII - Interference. Mr. Rambo suggested the committee review the resolution before taking any action. Commissioner Ford then moved to table the resolution until the next committee meeting for the committee to have time to review and study the resolution; Commissioner Phillips seconded the motion, and upon a vote it was unanimously adopted. Chairman Nave then recognized Ms. Lori Williams. Ms. Williams address is 162 Franklin Heights Road, Jonesborough, and she appeared before the committee to report a problem with a very aggressive pit bull owned by her neighbor. Ms. Williams stated the dog barks excessively and is chained to a post in the neighboring yard. Recently while having a privacy fence installed on her property, she reported the dog lunged at her and the installer to the point that the pole it was chained to had bent way down. She stated she called animal control two separate times, but a Washington County Sheriff s deputy came to her home after she called animal control and told her she was, on the verge of harassment charges. Ms. Williams expressed disappointment in the manner in which the deputy addressed her and the situation. Mr. Rambo explained to Ms. Williams that it was not appropriate to address the issue concerning the deputy s actions at that time because the Sheriff, who was present, needed to hear both sides of the story. Mr. Rambo continued that what Ms. Williams had described, if the animal control resolution was adopted, could be defined as a potentially dangerous dog as outlined at Section VI - Dangerous Dog Determination section of the resolution. Mr. Rambo stated that presently, Ms. Williams only avenue of relief is state law. Ms. Williams asked if the dog is running at large or barking excessively can she call animal control; Mr. Rambo stated yes, and he recommended that she record the barking and Mr. Rambo agreed to contact animal control about Ms. Williams complaint. 01/2013 Page 156 of 300

157 Chairman Nave then went to the next item on the agenda, security at the new County Clerk and Trustee Office complex. He recognized County Trustee Jack Daniels and asked him if security is needed at the offices. Mr. Daniels stated he would prefer that the county attorney and mayor look over the issue, there are no funds in his budget to pay for security. Commissioner Phillips then asked Mr. Daniels if security was needed. Commissioner Ford then stated that the committee needed some type of directive and asked the Mr. Daniels and County Clerk Kathy Storey, Do you want security or not? Ms. Storey responded that security was not an absolute necessity; if you (the committee) give money for security then yes, but there is no money available in my budget. Mr. Daniels stated he had to prioritize his money, and this expenditure was a lower priority than others. Chairman Nave then recognized Mayor Eldridge. Mayor Eldridge stated that the constable position for security at the offices was fully funded when the Budget was approved by the commission, but the Trustee in October or November submitted a budget amendment request to the Commission to reallocate the funds in his budget that funded the constable position to several other line items. This left only money from the county clerk to fund the position for one-half of the fiscal year. The mayor stated he told the constable that there was no money remaining to fund the position. A discussion began concerning when security is most needed. Commissioner Ford then requested that the committee s minutes reflect that the committee specifically asked the office holders for their input on whether security was needed. Mayor Eldridge stated that he had signed a requisition for three panic buttons to be installed in the facility which gives the employees the same ability as a constable being there. Discussion continued and the Trustee added that there are other facets in his budget that must be funded and prioritized. Commissioner Phillips then made a motion that this issue be tabled until a response from the staff on the panic buttons, use, problems, etc. is received; seconded by Commissioner Humphreys. Motion carried unanimously by voice vote of the members. Chairman Nave then moved onto the next item on the agenda - school security, and he asked the committee to have a special called meeting to discuss any concerns the Sheriff or Mr. Dykes may have about safety at the county schools. Commissioner Humphreys stated that he would hope that the committee will bring in what is being done for security at Science Hill High School. Commissioner Ford stated he had spoken with the Sheriff about the School Resource Officers (SRO). The Chairman then recognized Sheriff Graybeal who stated that there is one SRO at each high school and one at each middle school; other deputies do routine stops at each of the county schools throughout the day. The schools gave money to the department for the full-time SROs, and they meet all state and federal guidelines. Mayor Eldridge suggested the school board take the lead on this and that the committee check with Mr. Dykes before setting the date and time. Mr. Rambo asked to be notified so a notice can run in the newspaper. Chairman Nave then recognized Bob McNeil, Director of 911, concerning security at the Washington County Courthouse and Justice Center and the issue of confusion on when to evacuate. Mr. McNeil stated the original call to 911 on the issue to evacuate was mistakenly 01/2013 Page 157 of 300

158 transferred to Jonesborough and should have went to the sheriff s department; he and the sheriff have discussed the problem and now all calls regarding county owned buildings will be forwarded to the sheriff s department. Commissioner Humphreys asked if there is an alarm at the old courthouse to alert the employees when to evacuate. Commissioner Ford stated there is a big difference in having panic buttons and the security systems at banks. Sheriff Graybeal stated that his department has a very good plan in place for evacuation procedures in their General Orders. Chairman Nave asked if the Sheriff would help prepare a plan for emergency evacuation plan for the courthouse and justice center. Sheriff Graybeal stated that his department has a very good and specific plan of what to do and who is in charge. Mr. Rambo stated this is something that will need to be updated to include the courthouse and training is necessary for staff at the two locations. Chairman Nave then asked each official, commissioner, and individuals if they had anything to add to the committee s deliberations. Commissioner Ford stated at the last meeting they had asked Constable Mike Bacon to give a report on the average hours the constables were working annually. Constable Bacon then gave the following report: There are nine constables, three newly-elected; the annual average mileage is 12,600, which includes serving at an annual average of 450 ballgames, funerals, other public functions, and serving papers, etc. The constables have served 1,000 papers and some of the constables work fulltime. Commissioner Humphreys stated that his daughter works with a kill-free kennel that is operated by donation only and he requested the committee to look into this; Chairman Nave asked Commissioner Humphreys to gather information and this will be placed on the next agenda. Mr. Daniels stated that if he had the money is his budget he would pay for the constable. Ms. Jilton thanked the committee for addressing the issue of safety for the employees at the courthouse. Ms. Storey thanked the constables who had served at her offices and said the issue came down to funding. Constable Bacon thanked the committee for the opportunity to address them. Mrs. Bacon stated that there is a no-kill animal shelter in Sullivan County. Mr. Rambo asked that the committee and others present please remember the family of the late Commissioner Joe Corso, PhD. Ms. Williams thanked the committee for listening to her concern. There being no further business, Commissioner Speropolus moved to adjourn; seconded by Commissioner Humphreys. The committee adjourned at 7:05 p.m. Respectfully submitted: Roberta Chubb, CP County Paralegal Page 4 of 4 01/2013 Page 158 of 300

159 Washington County, Tennessee Zoning Administration Oversight Committee Regularly Scheduled Meeting Minutes January 8, 2013 Members Present: Chairman Pete Speropulous, Secretary Ethan Flynn, Richard Matherly, and Joe Sheffield Members Absent: Greg Matherly Others Present: Zoning Administrator Michael P. Rutherford, Chief Deputy Christopher Pape, Glenn Rosenoff, Troy Ebbert, and Jonathan Pleasant Chairman Speropulous called the meeting to order at 3:31 p.m. Mr. Rutherford dispensed a report of activities, projects and accomplishments from the past year to the committee. Items range from the building codes, assisting the election commission with the creation and adoption of redistricted voting precincts, staffing different committees, the creation and approval of the Qualified Local Program and other items (LIST ATTACHED). Mr. Rutherford advised that the County Mayor is trying to setup a meeting between himself, Mr. Rutherford, John Rambo and the three General Session Judges for the purpose of facilitating the Environmental Court. Mr. Ebbert introduced Mr. Jonathan Pleasant, the new intern for the Washington County, TN Zoning Office. Mr. Pleasant is a student with ETSU in the Public Administration program and is a County Commissioner with Johnson County and a Planning Commission member as well. Mr. Rutherford then gave a brief update on current and future plans for the office in the next coming years. Additionally a brief presentation of the framework of the Office s website that will be rolling out soon. Motion by Joe Sheffield to adjourn the meeting; second by Ethan Flynn. The motion carried unanimously upon a voice vote. The meeting adjourned at 4:19 p.m. 01/2013 Page 159 of 300

160 The following items are a combination of monthly activities as well as some major projects completed or in progress by the Zoning Office in the last year. This list will be completed by the first of the year. County Commission Print, assemble and mail agendas. Provide staff for all meetings and prepare and present zoning related agenda items. Building Code- Completed Building Official Resolution & Budget. Researched and developed data to adopt the building code. Researched and drafted resolution on building code fee structure. Researched and drafted resolution for Budget amendment. Assisted and completed interview process and selection of Building Inspector. Researched and developed the building permit software. Established Code Construction Board of Appeals. Provide training. Supervise Inspector and provide office space and equipment. Zoning Researched and drafted resolution amending the Zoning Resolution Definitions. Researched and drafted resolution updating the Flood Damage Prevention Regulations. -Adopted Research, draft resolutions, create official maps for all rezoning s, and provide professional recommendations based on sound planning principles. Educating Commissioners and the public on technical planning topics. Redistricting Designed maps and redistricting program, completed entire project ahead of time at no added expense. Provided meeting location and staff for all meetings Provided all materials necessary for adoption 01/2013 Page 160 of 300

161 Election Commission Preparing Maps for voting districts. Print miscellaneous maps for Election Commission for commission districts, school board districts and other election boundaries. Public Works- Monthly Writing, assembly and printing of agendas. Providing meeting space. Providing technical staff for meetings. Providing mapping needs. Providing staff and assisting commissioners with presentations. Assisting E-911 with correcting the addressing issue on Pickens Bridge and Austin Springs. Providing advance approved plats to streamline road adoption and issuing addresses. Zoning Administrators Committee Creation of Agendas. Preparing Minutes. Providing meeting space. Researched and prepared presentation resulting in recommendation to create Building Inspector position. Researched and prepared presentation resulting in recommendation of adoption of the IRC 2006 adoption. Providing technical staff for meetings. Receiving applications, conducting interviews, reporting findings, and assisting in locating the successful candidate for the position of Building Inspector. Startup and maintenance of the Development Services Website. Steering Committee Creation of Agenda. Providing a meeting place. Providing technical staff for meetings. Planning Commission Preparation of agendas. Preparing minutes. Providing a meeting place. Taking and processing all applications. Researching all agenda items and creating presentations and recommendations based on sound planning principles. Ensuring State laws are complied with concerning planning. 01/2013 Page 161 of 300

162 Complete re-write of the Zoning regulations- In progress. Re-adoption of all stormwater regulations. Provided Staff and support for redrafting the 1101 Growth Plan program Est. 150 extra man hours. Board of Zoning Appeals Preparation of agendas. Preparing minutes. Providing a meeting place. Taking and processing all applications. Researching all agenda items and creating presentations and recommendations based on sound planning principles. Ensuring State laws are complied with concerning the Board of Zoning Appeals. Staff conducts field reviews with members. Stormwater Management Prepare stormwater regulation amendments to ensure compliance with the State of Tennessee Requirements. Provide monthly inspections in accordance with state requirements. Provide a yearly annual report to the state in accordance with the County s MS4 Permit. Walk streams in accordance with the County s MS4 Permit. Visit designated Hot Spots in accordance with the County s MS4 Permit. Provide technical and staff assistance with all projects being developed and to be developed in Washington County, Tennessee. Processing, researching, conducting field investigations and resolving complaints. 6 out of 7 employees are now certified level 1 inspectors. Made application and received acceptance into TDEC QLP Pilot Program during June Washington County, Tennessee was announced on January 3, 2013 that its status was changed to the first approved Qualified Local Program in the state of Tennessee. Flood Recovery Assist in disaster assessment teams. Provided GIS assistance to the recovery teams. Provide a common clearing house for data assembly for flood assessments. Provided technical support/network integration into a computer network for the Small Business Administration workers to assist in community reporting and speed up application processing. Coordinating with EMA for volunteer rebuilding effort. In process of designating Dry Creek as a Designated Flood Areas. 01/2013 Page 162 of 300

163 GIS The department has provide miscellaneous GIS support to W.C.Election Commission, W.C.Highway Department, EMA W.C.Legal Department W.C. School Board W.C. Sheriff s Department Provide a digitized GIS Atlas for Washington County, Tennessee s Zoning Map. E911 Assist Washington County, Sullivan County & Johnson City E-911 on hosting three neighborhood meetings and renaming Pickens Bridge and Austin Springs to assist First Responders with incorrect dispatch points based on the jurisdiction of the emergency. Assisting with drafting and adoption of the resolution to change the road names. Property Maintenance Statistics The Administrator has continued to support the resolution with minimum funding being provided. The Administrator provides staff and equipment with no additional employees or funding. The Washington County Zoning Administrator and staff cover a vast amount of area within our jurisdiction with only seven employees. The following statistics from the 2010 Federal Census Bureau best illustrated the challenges. Population Person/Sq. Mile Sq./ Miles Roads Washington County 54, Miles Johnson city 63, Jonesborough 5, /2013 Page 163 of 300

164 County Owned Property Meeting 1/2/2013 5:00PM Zoning Office Conference Room Called to order by Chairman Mark Ferguson. Others Present: Doyle Cloyd, Joe Sheffield, Skip Oldham, Alpha Bridger, Mayor Dan Eldridge, Purchasing Agent Willie Shrewsberry, Michael Rutherford, Attorney John Rambo, Rick Hawkins, Sheriff's Department. Ned Erwin, Archivist, was recognized and showed us proposed architectural drawings for renovations to 103 W. Main Street, Jonesborough. The committee has no recommendations, as of this meeting, since we have no cost estimates. He will return next month with some estimates. Mayor Eldridge told us the District Attorney Tony Clark needs some space in the old jail for DTF files, which he has no space to store in his offices. Chairman Ferguson introduced the next item on our agenda, which is a new phone system. He asked Mayor Eldridge to present it to the committee. The cost is $680,000. Willie Shrewsberry has been doing research and getting quotes for several months and feels Bailey Computing is the best system. Is it through Cisco Systems. We would only be involved with one manufacturer instead of multiple vendors. The City of Johnson City has this system, as well as the state of Tennessee. The cost to Washington County would be $12,000/month, or $140,000 per year for 5 years, after which the system will be ours for $1. Our savings will be $6,500/month. We are currently paying $18,000/month for phone service, and paying in addition for any repairs. A motion was made by Doyle Cloyd and seconded by Joe Sheffield, and all voted unanimously to accept the Cisco proposal from Bailey Computing to be sent to the full commission. Chairman Ferguson then brought up that Zoning Administrator Michael Rutherford is the only Department Head that does not have an office. He is sharing a cubicle with three other people. The mayor said he will get Michael Rutherford and help him find office space. The Mayor will report back to this committee. The Mayor brought us up to date on the Princeton Arts Center which continues to be an expense to Washington County but has been used by the City of Johnson City for over 30 years. They were given a five year lease in May of 1976, when Jack Wiseman was County Executive, with a revision to renew after five years. It was never renewed or revised. This building has and is being used as the Princeton Arts Center. The roof is leaking, and it needs other repairs. The building has been appraised for $150,000. Mayor Eldridge has asked the City for clarification on their intentions, or if they would like to purchase the building. There being no further business, Skip Oldham made a motion to adjourn, seconded by Doyle Cloyd. Respectfully Submitted, Alpha Bridger 01/2013 Page 164 of 300

165 WASHINGTON COUNTY, TENNESSEE BOARD OF COUNTY COMMISSIONERS RESOLUTION No RESOLUTION AUTHORIZING THE MAYOR AND PURCHASING AGENT TO ENTER INTO NECESSARY AGREEMENTS FOR THE LEASE-PURCHASE OF A VOIP COMPUTER AND PHONE SYSTEM WHEREAS, bids were solicited for a VOIP phone and computer system; and WHEREAS, an internal committee consisting of knowledgeable staff members evaluated three proposals to meet the technology and information system needs of Washington County; and WHEREAS, after careful review and consideration of the robustness of the proposed systems, the level of service offered, the long-term viability of each system, the features offered, the ability to expand the system, and the favorable finance terms, the internal study committee unanimously recommended a computer and phone system proposal offered by Bailey Computing and Cisco System; and WHEREAS, the Cisco System is further favorable for Washington County because of its compatibility with the city of Johnson City and the state of Tennessee; and WHEREAS, this Cisco System proposal has been presented during the January meetings of the County-Owned Property Committee and the Budget Committee, and both committees urge the selection of the Cisco System; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, TENNESSEE THAT: SECTION 1. The proposal by Bailey Computing and Cisco System to provide a county computer and phone system is accepted and approved. The cost of the proposal is $673,165.66, and the County Mayor and Purchasing Agent are authorized to enter all necessary agreements, subject to approval as to form by the County Attorney, for a five-year purchase, operating, and maintenance agreement and a five-year finance agreement. Additionally, the County Mayor and Purchasing Agent may adjust the scope of the purchase to a sum up to and including $700,000 to reflect the purchase and financing of any additional equipment, phone, and computer infrastructure to account for additional offices and needs of the County that have developed since bids were initially solicited. Resolution No Page 1 of 3 01/2013 Page 165 of 300

166 SECTION 2. The County Mayor, Purchasing Agent, County Trustee, and County Attorney are authorized to enter into, on behalf of Washington County, a lease agreement with Key Government Finance, Inc. for the lease-financing of the Cisco System. The terms of the agreement shall be in substantial form to the lease agreement attached, subject to any necessary or favorable modifications made by the County Attorney and approved by the County Mayor; the term of the leasefinancing shall be for five years of less, and the Board of County Commissioners certifies that the reasonable expected economic life of the system and equipment financed exceeds five years; the interest rate or rates for the lease-financing shall not exceed two percent (2%) per annum, and in no event shall the rate exceed the legal limit provided by law. SECTION 3. The lease shall be a direct general obligation of Washington County, Tennessee, and Washington County hereby pledges its taxing power as to all taxable property in Washington County for the purpose of providing funds for the payment of principal of and interest of the lease-financing agreement. SECTION 4. 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 28 th day of January KATHY STOREY, County Clerk GREG MATHERLY, Chair of the Board REFERRED to County Mayor this the day of KATHY STOREY, County Clerk Resolution No Page 2 of 3 01/2013 Page 166 of 300

167 APPROVED by County Mayor on this the day of 2013 DANIEL J. ELDRIDGE, County Mayor The County Mayor having declined to approve this Resolution, the same became effective on the day of 2013, pursuant to Tennessee Code Annotated (b)(5). KATHY STOREY, County Clerk The County Mayor to execute contract and lease agreement and to file copy of executed agreements with County Clerk. Completed on the day of Daniel J. Eldridge, County Mayor Resolution No Page 3 of 3 01/2013 Page 167 of 300

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