A RESOLUTION TO APPROVE AND AWARD BID FOR CONSTRUCTION OF SECTION 3, PHASE III, UPGRADE AT THE MCMINN COUNTY LANDFILL

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1 Page Number 332 Minutes - Regular Session The McMinn County Board of Commissioners met in Regular Session on August 17,2009 at 7:30 pm, in the Blue Room of the McMinn County Courthouse. 1. CALL TO ORDER 2. INVOCATION The meeting was called to order by Chairman Crews. The Invocation was given by Commissioner Jerry Millsaps. 3. PLEDGE TO THE FLAG The Pledge to the Flag was led by Commissioner Dale Holbrook. 4. ROLLCALL Roll Call was taken by Evonne Hoback, McMinn, as recorded: Scott Curtis - Present Dale Holbrook - Present Jeannie King - Present Roger Masingale - Present Gary Mason - Present Jerry Millsaps - Present Bob Powers - Present Jack Powers - Present Tad Simpson - Present Chairman David Crews - Present 5. APPROVAL OF MINUTES Copies of the Minutes ofthe Regular Session on July 20, 2009 and the Special Called Session on July 30, 2009 were provided to the ers. MOTION made by Commissioner Dale Holbrook, and seconded by Commissioner Bob Powers, to approve the Minutes of July 20, APPOV AL OF BIDS AND PURCHASES A. A Resolution to Approve and Award Bid for Construction of Section 3. Phase III. Upgrade at the McMinn County Landfill. Mr. Luallen presented the following resolution to approve and award the bid for construction of section 3, phase III, upgrade at the McMinn County Landfill, and added this was approved by the Solid Waste Committee, earlier this evening. RESOLUTION NO A RESOLUTION TO APPROVE AND AWARD BID FOR CONSTRUCTION OF SECTION 3, PHASE III, UPGRADE AT THE MCMINN COUNTY LANDFILL l WHEREAS, in order to properly perform the essential operations of county government, goods and services must often be let for bid; and

2 Resolution No (Cont'd) Page Number 333 WHEREAS, McMinn County requested bids for construction of section 3, phase III upgrade of solid waste landfill for McMinn County; and WHEREAS, McMinn County has followed the proper procedures in securing the bids; and WHEREAS, Stan Moses, Landfill Supervisor, recommends that the bid be awarded as indicated on letter of recommendation (attached to original) to East TN Grading, Inc. in the amount of $643,750.00, and also recommends engineering cost be approved associated with said project performed by CIT Inc. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 17th DAY OF AUGUST, 2009, that this Commission does hereby approve the recommendation of the Landfill Supervisor. (Orig silmed by John M. Gentry) (Orig signed bv Evonne Hoback) MOTION made by Commissioner Millsaps, and seconded by Commissioner Gary Mason, to approve this resolution. B. A Resolution to Approve and Award the Semi-Annual Bid of Motor Oil. Mr. Luallen presented the following resolution to approve and award the semi-annual bid of motor oil. RESOLUTION NO A RESOLUTION TO APPROVE AND AWARD THE SEMI-ANNUAL BID OF MOTOR OIL WHEREAS, in order to properly perform the essential operations of county government, goods and services must often be let for bid; and WHEREAS, the McMinn County Purchasing Department requests the purchase of Motor Oil, fluids and grease for October 1, 2009 through March 31, 2010, in order to properly carry out the functions of each department; and WHEREAS, McMinn County has followed the proper procedures in securing the bids; and WHEREAS, the Department Heads from the departments involved, recommends the bid be awarded to the low bidder per item meeting specifications as indicated on letters of recommendation (see attached). l NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 1ih DAY OF AUGUST 2009 that this Commission does hereby approve the recommendation of the McMinn County Supervisors and Department Heads.

3 Page Number 334 Resolution No (Cont'd) (Orig signed bv Evonne Hoback) MOTION made by Commissioner Bob Powers, and seconded by Commissioner Curtis, to approve this resolution.. C. A Resolution to Approve and Award the Annual Bid for Crushed Stone. Mr. Luallen presented the following resolution to approve and award the annual bid for crushed stone. RESOLUTION NO A RESOLUTION TO APPROVE AND AWARD THE ANNUAL BID FOR CRUSHED STONE WHEREAS, in order to properly perform the essential operations of county government, goods and services must often be let for bid; and WHEREAS, the McMinn County Highway Department requests the purchase of crushed stone for the period of October 1,2009 through September 30, 2010, in order to properly carry out the functions of the department; and WHEREAS, McMinn County has followed the proper procedures in securing the bids; and WHEREAS, Randall Moss, McMinn County Highway Commissioner has recommended the bid be awarded to Vulcan Materials Company, Craighead Limestone Company, Inc., and Rogers Group, Inc., the low bidders meeting specifications of each grade plus a $.15 haul charge to the center of each job site based on location of plant considering a $.15 severance tax to be charged to out of county quarries. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 17th DAY OF AUGUST 2009, that this Commission does hereby approve the recommendation ofthe Highway Commissioner. (Orig signed by Evonne Hoback) l MOTION made by Commissioner Mason, and seconded by Commissioner King, to approve this resolution.

4 l Page Number 335 D. A Resolution to Approve the Appropriation of Funds to Non-Profit Organizations Listed in FY Budget. Mr. Luallen presented the following resolution to approve the appropriation of funds to non-profit organizations listed in FY budget. RESOLUTION NO A RESOLUTION TO APPROVE THE APPROPRIATION OF FUNDS TO NON-PROFIT ORGANIZATIONS LISTED IN FY BUDGET WHEREAS, requests have been made by various non-profit but non-charitable organizations for appropriation of funds during FY , and WHEREAS, approval of advertisement of appropriation of funds occurred on July 30, 2009, and advertisement has occurred. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION, THIS THE 1ih DAY OF AUGUST, 2009, that this Commission does hereby approve this appropriation of funds to these nonprofit but non-charitable organizations. (Orig signed bv Evonne Hoback) MOTION made by Commissioner Bob Powers, and seconded by Commissioner Tad Simpson, to approve this resolution. 7. REVIEW AND APPROVAL OF CONTRACTS None. 8. APPROVAL OF BUDGET AMENDMENTS Mr. Luallen requested approval of four budget amendments in three different funds, a copy of which was provided to each commissioner. Fund: General Fund # 101., DEPARTMENT ~ 1 /T ' CREDIT DEBIT 8, , ) FOLIO Equipment Litter ACCOUNT Other Program Supplies & Machinery & Materials

5 Budget Amendment for Fund #101 (Cont'd) Page Number 336 EXPLANATION: FY To enter additional revenue & expenditures related to State of Tennessee Litter Grant for Fund: General Fund # 101 DEPARTMENT CREDIT DEBIT FOLIO Law ACCOUNT Sexual Enforcement Offender Registration Supplies Fee EXPLANATION: To budget additional revenues and expenditures related to Sexual Offender Registry. MOTION made by Commissioner Mason, and seconded by Commissioner Millsaps, to approve these budget amendments. Motion carried by roll call vote, as recorded: Scott Curtis - Aye Dale Holbrook - Aye Jeannie King - Aye Roger Masingale - Aye Gary Mason - Aye Jerry Millsaps - Aye Bob Powers - Aye Jack Powers - Aye Tad Simpson - Aye Chairman David Crews - Aye Fund: General Purpose School # 141 DEPARTMENT DEBIT CREDIT 80, , FOLIO Building ACCOUNT Maint. Other Charges & Improvements Repair Serv.-Bldg. EXPLANTIAON: To amend the budget to avoid end of year deficits in functional categories. MOTION made by Commissioner Bob Powers, and seconded by Commissioner Massingale, to approve this budget amendment. Motion carried by roll call vote, as recorded: l Scott Curtis - Aye Dale Holbrook - Aye Jeannie King - Aye Roger Masingale - Aye Gary Mason - Aye Jerry Millsaps - Aye Bob Powers - Aye Jack Powers - Aye Tad Simpson - Aye Chairman David Crews - Aye

6 Fund: Landfill #207 Page Number 337 DEPARTMENT 63, DEBIT CREDIT 63, FOLIO Depreciation Net ACCOUNT Assets-Unrestricted EXPLANATION: To avoid functional category deficit for FY MOTION made by Commissioner Simpson, and seconded by Commissioner Jerry Millsaps, to approve this budget amendment. Motion carried by roll call vote, as recorded: Scott Curtis - Aye Dale Holbrook - Aye Jeannie King - Aye Roger Masingale - Aye Gary Mason - Aye Jerry Millsaps - Aye Bob Powers - Aye Jack Powers - Aye Tad Simpson - Aye Chairman David Crews - Aye 9. COUNTY ROAD SPEED LIMITS - BETH HEADRICK Ms. Beth Headrick addressed the commission concerning the speed limits for County Road 532 and 513 which is Oak Hill Subdivision. She quoted county ordnances that if a road is not posted you are allowed to go 55 mph. She told the commission she had a problem with that because it is a very dangerous road. Ms. Headrick asks the commission how to get the road posted with a lower speed limit. Chairman Crews suggested that the County Attorney Vance Baker address her question. Vance Baker said that the Department of Transportation for the State of Tennessee is empowered to establish speed limits. State wide speed limit across the state is 55 mph. Municipalities such as the County Commission, City of Etowah and any other municipal government has the authority to reduce those speed limits in certain limited circumstances, for example congested areas, if it is heavily traveled, but there are certain things that have to be done first. Mr. Baker said that the first thing that has to be done is a study done by a certified Traffic Engineer for the area in question and they would say what a safe speed limit for that area is. Who ever is asking for the speed limit to be reduced would be responsible for the cost. (TCA ) Ms. Headrick said she has done her own research and realizes that someone has to pay for the Traffic Engineer. Ms. Headrick said that there are thirty-nine citizens of Oak Hill subdivision that are willing to pay for a traffic engineer. We have talked to Volkert Traffic Consultant Engineers out of Chattanooga and they said they will come to do the traffic study. Mr. Baker informed Ms. Headrick that after she got her traffic study back she would need to bring it before the Public Safety Committee and the report would need to be on file at the County Court Clerks office. Chairman Crews said they would call a Public Safety Committee Meeting and notify her so she can present her study to them. 10. COMMENTS FROM THE AUDIENCE None. 11. RESOLUTIONS A. A Resolution Authorizing McMinn County to Participate in the Athens Utilities Board Water Line Extension Proiect on County Roads 750 and 651. l Mr. Gentry presented the following resolution authorizing McMinn County to participate A ":h",,,_,.. TT... :1:....: n...l "- 1~ L in the

7 Page Number 338 RESOLUTION NO A RESOLUTION AUTHORIZING McMINN COUNTY TO PARTICIPATE IN THE ATHENS UTILITIES BOARD WATER LINE EXTENSION PROJECT ON COUNTY ROADS 750 AND 651 WHEREAS, McMinn County desires for all of its citizens to have access to safe and potable water; and WHEREAS, Athens Utilities Board desires to participate in McMinn County's program for the installation of 6" water lines on County Roads 750 and 651; and WHEREAS, the total cost of these projects with the 20% portion to be funded by McMinn County is outlined below: Total Cost 15,340 feet of6" line at $10.50/foot,$161, Including valves and other costs; and 20% Co Match $32,214 WHEREAS, based on review by Southeast Tennessee Development District Staff, that this project is in compliance with the McMinn County Water Program Policy. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 17th DAY OF August 2009, that this board does authorize McMinn County to participate in the water line extension project at 20% of construction costs on County Roads 750 and 651; and authorizes the County Mayor to execute all documents and duties necessary for the proper completion of said project, the public welfare requiring it. (Orig signed by Evonne Hoback) MOTION made by Commissioner Holbrook, and seconded by Commissioner Bob Powers, to approve this resolution. Commissioner Tad Simpson abstained from this vote because he is employed by Athens Utilities Board. B. A Resolution to Approve the Extended use of a McMinn County-Owned Ambulance by Med Trans. Mr. Gentry presented the following resolution to approve the extended use of a McMinn Countyowned ambulance by Med Trans and Mr. Gentry added that the Emergency Service Committee recommended approval. Resolution No A RESOLUTION TO APPROVE THE EXTENDED USE OF A MCMINN COUNTY -OWNED AMBULANCE BY MED TRANS WHEREAS, Med Trans of Tennessee is the current contracted 911 EMS provider for McMinn County, and leases certain ambulances owned by McMinn County; and WHEREAS, the current contract stipulates that one County-owned ambulance will be surplused each.,'ail'" 1I"l.,...",.1 ho '9'"0_11"\,..,...;1 t...~..,.._... 1-~ ~...1_ I' 1/"T"l.

8 Resolution No (Cont'd) Page Number 339 August 17, 2006 WHEREAS, Med Trans has requested that they be allowed to extend the use of the McMinn County ambulance scheduled for surplus this year in order to maintain enough ambulances in the fleet due to both the numerous mechanical problems in other ambulances and the difficulty placing a new ambulance in service resulting from the rules governing Med Trans' recent bankruptcy filing ; and WHEREAS, Med Trans agrees to fully fund the fuel, maintenance, and lease costs associated with this ambulance; and WHERAS, the McMinn County Emergency Services Committee recommends such time the new ambulance can be placed in service. granting this request until NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEE MEETING IN REGULAR SESSION THIS THE 17TH DAY OF AUGUST 2009, that this Commission does hereby approve Med Trans' request to extend the lease of the county-owned ambulance, providing Med Trans fund the fuel, maintenance and lease costs associated with the said ambulance, the public welfare requiring it. (Orig signed by Evonne Hoback) MOTION made by Commission Mason, and seconded by Commissioner Curtis to approve this resolution. C. A Resolution to Approve the Request of Funds by the Gem Players Association to Assist in Funding a Permanent Sound System for the Historic Gem Theater in Etowah. Mr. Gentry presented the following resolution to approve the request of funds by the Gem Players association to assist in funding a permanent sound system for the historic Gem Theater in Etowah. Mr. Gentry added that this was approved by the budget committee. During discussion Jerry Millsaps ask if we had the funds available to do this. Mr. Gentry said the money would come from the tourism fund. Chairman Crews also commented on this. Chairman Crews said he would feel better if the City of Etowah would participate in the funding of this. There was a comment from the audience to remind the commission that the City of Etowah keeps up the building and pays all utilities. Mr. Gentry also added that since this is non-profit this would be subject to advertisement in the local paper also an ad will have to be placed before we can make any allocation of funds, as stipulated by State law. Resolution No A RESOLUTION TO APPROVE THE REQUEST OF FUNDS BY THE GEM PLAYERS ASSOCIATION TO ASSIST IN FUNDING A PERMANENT SOUND SYSTEM FOR THE HISTORIC GEM THEATER IN ETOWAH WHEREAS, the Gem Theater has long been a part of Etowah and McMinn County, having served as a movie theater, public meeting location, and as a performance venue for live music, storytelling, and plays; and WHEREAS, the Gem Theater has survived many years of age, weather, renovations, flooding, and fire to continue as McMinn County's only remaining historic public theater; and (Cont'd)

9 (Ori{,! si{,!t1ed hv Fvonm" Hoh~('.1<\ Resolution No (Cont'd) Page Number 340 WHEREAS, the Gem Players Association has made a request for assistance to purchase a permanent sound system for the theater, in the amount of $30,000; and WHEREAS, this request shall be funded from TourismIHotel-Motel Tax funds in the amount of $30,000, with appropriate advertisement of this donation to a non-profit as prescribed by law. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 1ihDAY OF AUGUST 2009 that this Commission does hereby approve this appropriation of Tourism funds to the Gem Players Association, the public welfare requiring it. (Orig signed by Evonne Hoback) MOTION made by Commissioner Holbrook, and seconded by Commissioner King, to approve this resolution. D. A Resolution to Ap?rove the Request of Funds by the Athens Area Council for the Arts to Assist in Funding Tourism Brochures. Mr. Gentry presented the following resolution to approve the request of funds by the Athens Area Council for the Arts to assist in funding tourism brochures. Mr. Gentry added that this was approved by the budget committee. Resolution No A RESOLUTION TO APPROVE THE REQUEST OF FUNDS BY THE ATHENS AREA COUNCIL FOR THE ARTS TO ASSIST IN FUNDING TOURISM BROCHURES WHEREAS, the Athens Area Council for the Arts has requested $ to assist in funding "Small Town/Big Time" program brochures; and WHEREAS, the total cost of the brochure project is over $ ; and WHEREAS, the brochures will advertise performances brought to the region and held at or coordinated by the Athens Arts Center; and WHEREAS, this request shall be funded from TourismIHotel-Motel Tax funds in the amount of $5,000, with appropriate advertisement of this donation to a non-profit as prescribed by law. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION THIS THE 17th DAY OF AUGUST 2009 that this Commission does hereby approve this appropriation of Tourism funds to the Athens Area Council for the Arts, the public welfare requiring it.

10 Page Number 341 MOTION made by Commissioner Mason, seconded by Masingale, to approve this resolution. E. ELECTION. APPOINTMENTS AND CONFIRMATIONS. A. A Resolution to Confirm the Appointment of Debra Jones to the McMinn County Library Board. Mr. Gentry presented a resolution to confirm the appointment County Library Board. of Debra Jones to the McMinn Resolution No A RESOLUTION TO CONFIRM THE APPOINTMENT OF DEBRA JONES TO THE McMINN COUNTY LIBRARY BOARD WHEREAS, EG Fisher Library has a board of directors which provides guidance and oversight to the library's operation and services; and WHEREAS, state law grants authority to the County Mayor to appoint members to the McMinn County Library Board upon confirmation by the county legislative body; and WHEREAS, John M. Gentry as, offers for appointment Debra Jones to serve as a member of the McMinn County Library Board for a 3-year term which will expire June 30, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION ON THIS 17TH DAY OF AUGUST 2009 that this commission does hereby confirm this appointment. (Orig signed by Evonne Hoback) MOTION made by Commissioner Holbrook, and seconded by Commissioner Bob Powers, to approve this resolution. B. A Resolution to Confirm the Appointment of JL "Butch" Carmen to the McMinn County Library Board. Mr. Gentry presented a resolution to confirm the appointment of JL "Butch" Carmen to the McMinn County Library Board. Resolution No A RESOLUTION TO CONFIRM THE APPOINTMENT OF JL "BUTCH" CARMAN TO THE McMINN COUNTY LIBRARY BOARD WHEREAS, EG Fisher Library has a board of directors which provides guidance and oversight to the library's operation and services; and

11 Page Number 342 Resolution No (Cont'd) WHEREAS, state law grants authority to the County Mayor to appoint members to the McMinn County Library Board upon confirmation by the county legislative body; and WHEREAS, John M. Gentry as, offers for reappointment JL "Butch" Carman to serve as a member of the McMinn County Library Board for a 3-year term which will expire June 30, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN REGULAR SESSION ON THIS 17TH DAY OF AUGUST 2009, that this commission does hereby confirm this appointment. (Oriq siqned by John M. Gentry) (Oriq siqned by Evonne Hoback) MOTION made by Commissioner Simpson, seconded by Commissioner Mason, to approve this resolution. F. REPORTS FROM COMMITTEES. COUNTY OFFICIALS. COMMENTS FROM COMMISSIONERS a. Solid Waste (Landfill) Committee - Commissioner Millsaps. Commissioner Millsaps said that the Solid Waste Committee met earlier this evening and sent resolution # to the full Commission Board. b. Emergency Service Committee - Commission Curtis Commission Curtis said that the Emergency Service Committee met after the last commission meeting and discussed fire trucks. We discussed next cycle replacement. The committee is looking at two trucks and the bids are out. Weare waiting to get bids back before making decision. c. Budget Committee - Commissioner Jack Powers The budget Committee meet before the regular commission and to the full committee. meeting this evening and sent resolutions

12 Page Number 343 G. COMMENTS FROM THE COUNTY MAYOR a. Alternate Use of the Rails between Athens and Englewood Granted by Surface Transportation Board. Mr. Gentry said that he received a letter today from the Surface Transportation Board in Washington, D. C. and he said that the request to grant exemption for alternate use of the rails between Athens and Englewood has been approved. Mr. Gentry added that we can officially begin a dialogue process between CSX Railroad, the County and the two local governments. b. State-wide Building Codes. Mr. Gentry referred to information provided to the Commission in their packets concerning Public Chapter 529 dealing with State-wide Building Codes. Mr. Gentry said that this was presented to him at the Association of County Mayors meeting last week and added that this is the first instructions of any kind he has received. Mr. Gentry said that members of the State Department of Commerce and Insurance were present and that they admitted that the rules still have not been promulgated and therefore we don't even know how to opt out yet, but Mr. Gentry added that the State said something should be coming out in thirty to sixty days. c. Annual Report from Veterans Affairs Department Mr. Gentry referred to the annual report from the Veterans Affairs Department which was provided to each Commissioner. He said one interesting note on the and report was that McMinn County did receive over one million dollars in veteran's benefits than the previous year. Mr. Gentry said that he did a little study and that ranks us twelfth in the State for receiving benefits for our citizens from the Veterans Department and Mr. Gentry added that we are a County that probably ranks twenth-sixth or twenty-seven in size. Mr. Gentry said he wants to thank the local Veterans Affairs Office for working with area vets to get them the benefits they have earned. d. Update on Veterans Clinic Mr. Gentry said that he spoke with the Department of Veterans Services today to get an update on the Veterans Clinic. Mr. Gentry admitted being frustrated because the latest update he received was that it was supposed to be bid in July. Mr. Gentry said that today he was told that it still had not left legal review for the bid process. He said that their best hope now is to be registered on the federal website for bid proposals in September and added that it will take 30 days to be on the list and then 30 more days after that deadline to review and award and then 90 days after that to hopefully be open. We are looking at a spring deadline. e. County Associations Conferences Mr. Gentry handed out information for a couple of conferences coming up and asked that Commissioners let his staffknow their plans to attend. Jessica Armstrong Kristin Holly Barton Angela Benton Constance Burstein Debbie Coleman Dewanna S. Cranfill H. APPROVAL OF NOTARY APPLICATIONS Notary Applications for August 2009

13 Page Number 344 Notary Applications for August 2009 (Cont'd) Mrquis D. Dotson Julie A. Elliot Steven R. Grubb Judith A. Hamilton Timothy L. Hill Tina L. Jones Diane F. McKenzie Vicki Anderson Moore April Newman Susan Norwood Jane C. Reed Patricia A Will MOTION made by Commission Mason, seconded by Commissioner Bob Powers, to approve these notary applications. Motion made by voice vote. I. ANY OTHER BUSINESS THAT MAY LEGALLY COME BEFORE THE COMMISSION None. J. ADJOURNMENT There being no other business, Chairman Crews declared the meeting adjourned at 8:09 pm EVONNE HOBACK McMinn Qd: Deputy Clerk Q, ji.j-o ~ (date)