CUMBERLAND COUNTY COMMISSION MEETING
SEPTEMBER 19, 2011
6:00 P.M.
Be it remembered that the Cumberland County Commission met in regular Monthly Session on Monday, September 19, 2011 at the Cumberland County Courthouse. Present and presiding was County
Mayor Kenneth Carey who called the meeting to order and invited Minister Tim Chesson to offer the Invocation and the Young Marines to lead the Pledge of Allegiance to the Flag of the United States of America. Also present at the meeting were County Clerk Jule Bryson, County Attorney Randal Boston, and the following County Commissioners:
Brian Houston Harry Sabine
Nancy Hyder Robert Safdie
David Hassler Johnny Presley
Allen Foster Charles Seiber
Joe Koester Jan McNeil
Larry Allen Terry Carter
Mike Harvel Roy Turner
Jeff Brown Sonya Rimmer
Clyde Cramer Carmin Lynch
A quorum being present, the Cumberland County Commission Meeting was opened in due form of law and the following proceedings were had to wit:
1. MINUTES OF AUGUST 15, 2011 MONTHLY CUMBERLAND COUNTY COMMISSION MEETING:
On motion of Commissioner Cramer, second by Commissioner Harvel, moved the minutes of the August 15, 2011 Monthly Commission Meeting be approved, treat same as read, made a matter of record, and filed.
The motion to approve the minutes of the August 15, 2011 Commission Meeting carried by a roll vote of 18 ayes from the Commission.
2. SUSPEND COMMISSION RULES:
On motion of Commissioner Hyder, second by Commissioner Hassler, moved to suspend Commission rules to include a resolution not listed on the original September 2011 Agenda.
The motion to suspend Commission rules to add resolution 09-2011-11 to the Agenda carried by a roll call vote of 18 ayes from the Commission.
UNFINISHED BUSINESS:
Noting that in July 2011 the Budget Committee had requested the County Trustee to mail out the 2011
property Tax Notices as soon as possible, Commissioner Lynch questioned why the tax notices were still not
sent out. Mayor Carey stated he would seek an answer from Kim Wyatt, County Trustee and e-mail her
response to the Commission.
3. ELECTION OF CHAIRMAN OF THE CUMBERLAND COUNTY COMMISSION:
On motion of Commissioner Hassler, second by Commissioner Hyder, moved to nominate County Mayor Kenneth Carey, Jr. to serve as Chairman of the Cumberland County Commission.
There being no other nominations, Kenneth Carey was elected to serve as Chairman of the Cumberland County Board of Commissioners for a second one (1) year term by a roll call vote of 18 ayes from the Commission.
4. ELECTION OF CHAIRMAN PRO-TEM OF THE CUMBERLAND COUNTY COMMISSION:
On motion of Commissioner Koester, second by Commissioner Harvel, moved to nominate Commissioner Harry Sabine to serve as Chairman Pro-Tem of the Cumberland County Commission.
With no other nominations offered, Harry Sabine was elected to serve as Chairman Pro-Tem of the Cumberland County Board of Commissioners for another one (1) year term to expire August 31, 2012.
5. CUMBERLAND COUNTY COMMISSION PARLIAMENTARIAN:
On motion of Commissioner Harvel, second by Commissioner Turner, moved to appoint Commissioner Nancy Hyder as Parliamentarian of the Cumberland County Commission.
Commissioner Hyder was elected Commission Parliamentarian for a first one (1) year term to expire August 31, 2012.
6. COUNTY ATTORNEY AGREEMENT:
Announcing that due to the fact the current County Attorney Randal Boston was working on a number of cases for the County, Mayor Carey informed Commissioners that Mr. Boston had agreed to serve another year as the County Attorney.
On motion of Commissioner Harvel, second by Commissioner Foster, moved to retain Randal Boston as Cumberland County Attorney for a one (1) year term to expire August 31, 2012.
The motion reappointing Mr. Boston as the County Attorney carried with a roll call vote of 17 ayes from the Commission with Commissioner Lynch voting no.
7. RESOLUTION 09-2011-1 TO FILL VACANCIES ON THE CUMBERLAND COUNTY FINANCIAL
MANAGEMENT COMMITTEE:
On motion of Commissioner Harvel, second by Commissioner Carter, moved to adopt resolution 09-2011-1.
Before the vote, Commissioner Brown commented that in order to have a proper separation of powers of
duties, he felt members from the Budget Committee should not serve on the Finance Committee as well.
The motion to adopt resolution 09-2011-1, appointing Commissioners Harry Sabine, Nancy Hyder, Johnny
Presley, and Mike Harvel to the Financial Management Committee for one year terms to expire August 31,
2012, carried with Commissioners Sabine, Hyder, Hassler, Presley, Seiber, McNeil, Allen, Carter, Harvel,
Turner, and Lynch voted aye. Commissioners Houston, Safdie, Foster, Koester, Brown, Rimmer, and Cramer
voted against the adoption of resolution 09-2011-1.
8. RESOLUTION 09-2011-2-TO REAPPOINT JEFF WELCH TO THE UPPER CUMBERLAND GAS
UTILITY DISTRICT BOARD:
On motion of Commissioner Harvel, second by Commissioner Presley, moved to adopt resolution 09-2011-2.
Commissioner Lynch moved to nominate Ralph Seeh from the floor to fill the vacancy on the Upper
Cumberland Gas Utility District. Rules Committee Chairman, Harry Sabine along with County Attorney
Boston agreed that the Mayor is required to make recommendations to appoint Gas Utility Board Members
and that a majority vote of the membership of the full Commission is required for election or confirmation.
Nominations from the floor are not permitted for Utility Board Director appointments
The motion to adopt resolution 09-2011-2, reappointing Jeff Welch to the Board of Commissioners for the
Upper Cumberland Utility Gas District for a four (4) year term ending September 18, 2015, carried by a
roll call vote of 17 ayes from the Commission with Commissioner Lynch voting no.
9. RESOLUTION 09-2011-3-REAPPOINTING JANET KLUENDER AND BOB RAMSEY TO THE
CROSSVILLE-CUMBERLAND COUNTY CONVENTION AND VISITORS BUREAU FOR TERMS
TO EXPIRE AUGUST 31, 2014:
On motion of Commissioner Foster, second by Commissioner Rimmer, moved to adopt resolution 09-2011-3.
The motion to adopt resolution 09-2011-3, reappointing Janet Kluender and Bob Ramsey to the Crossville-Cumberland County Convention and Visitors Bureau for three (3) year terms to expire August 31, 2014, carried by a roll call vote of 18 ayes from the Commission.
10. RESOLUTION 09-2011-4-TO APPOINT TREY KERLEY AND REAPPOINT EVERETT BOLIN AND
LYNN TOLLETT TO THE CUMBERLAND COUNTY “E-911” EMERGENCY COMMUNICATIONS
DISTRICT BOARD OF DIRECTORS:
On motion of Commissioner Safdie, second by Commissioner Harvel, moved to adopt resolution 09-2011-4.
The motion to adopt resolution 09-2011-4, appointing Trey Kerley to the “E-911” Emergency Communications Board of Directors to fill the unexpired term of Robert Couch through August 31, 2013 and reappointing Everett Bolin and Lynn Tollett to serve four (4) year terms to expire September 30, 2015 on the Board of Directors of the Cumberland County “E-911” Emergency Communications District, carried by a roll call vote of 18 ayes from the Commission.
11. RESOLUTION 09-2011-5-TO APPOINT JOYCE RORABAUGH AS CUMBERLAND COUNTY
ARCHIVIST:
On motion of Commissioner McNeil, second by Commissioner Koester, moved to adopt resolution 09-2011-5.
Commissioners Sabine and Koester along with Library Board Chairman, Rebecca Stone discussed the method
of appointing an Archivist and it was agreed that creating a procedure for appointing a County Archivist would
be addressed by the Rules Committee in the future.
The motion to adopt resolution 09-2011-5, appointing Joyce Rorabaugh as the Cumberland County Archivist
for a one year term ending on September 18, 2012 and a T.C.A. directive that allows Ms. Rorabaugh to serve
as an ex-officio member on the County Public Records Commission, carried with Commissioners Houston.
Sabine, Hyder, Safdie, Foster, Seiber, Koester, McNeil, Allen, Brown, Rimmer, Cramer, and Lynch voting
for the appointment. Commissioners Hassler, Presley, Carter, Harvel, and Turner voted against resolution
09-2011-5.
12. RESOLUTION 09-2011-6-TO APPOINT CARMIN LYNCH TO REPLACE CLYDE CRAMER ON
THE DEBT MANAGEMENT COMMITTEE:
On motion of Commissioner Presley, second by Commissioner Harvel, moved to adopt resolution 09-2011-6.
The motion to adopt resolution 09-2011-6, appointing Ninth District Commissioner Carmin Lynch to the Debt Management Committee for a term to expire August 31, 2012, carried by a roll call vote of 17 ayes from the Commission with Commissioner Lynch abstaining from the vote.
13. RESOLUTION 09-2011-7-TO CLOSE AN UNUSED PORTION OF SPORTSMAN’S CLUB ROAD:
On motion of Commissioner Turner, second by Commissioner Hassler, moved to adopt resolution 09-2011-7.
The motion to adopt resolution 09-2011-7, closing and removing a small section of Sportsman’s Club Road from the County Road List on the recommendation of the Environmental Committee, carried by a roll call vote of 18 ayes from the Commission.
14. TO POSTPONE RESOLUTION 09-2011-8-ADOPTING THE REAPPORTIONMENT/
REDISTRICTING PLAN:
On motion of Commissioner Lynch, second by Commissioner Koester, moved to postpone consideration of resolution 09-2011-8 until the November 2011 Commission Meeting allowing more time for the Redistricting Committee to investigate one or two alternate options to comply with TCA 5-1-111 before taking action on changing the boundaries of some districts.
Commissioners Safdie, Koester, and Lynch expressed their concerns about the impact the proposed Redistricting Plan would have on the county for the next few years so they cast votes to postpone resolution 09-2011-8. With Commissioners Houston, Sabine, Hyder, Hassler, Presley, Foster, Seiber, McNeil, Allen, Carter, Harvel, Turner, Brown, Rimmer, and Cramer voting not to delay action on resolution 09-2011-8, the motion failed.
15. RESOLUTION 09-2011-8-TO ADOPT REAPPORTIONMENT/REDISTRICTING PLAN FOR
CUMBERLAND COUNTY:
On motion of Commissioner Hassler, second by Commissioner Cramer, moved to adopt resolution 09-2011-8.
The motion to adopt resolution 09-2011-8, adopting the Reapportionment/Redistricting Plan consistent with the provisions of T.C.A., Section 5-1-111, which provides for a county legislative body composed of eighteen (18) members with nine (9) districts represented on the official redistricting map for Cumberland County prepared pursuant to T.C.A., Section 5-1-110, carried by a roll call vote of 16 ayes from the Commission with Commissioners Koester and Lynch voting no.
16. RESOLUTION 09-2011-9-AUTHORIZING THE COUNTY MAYOR OF THE COUNTY OF
CUMBERLAND TO SIGN A PROPOSAL WITH TENNESSEE DEPARTMENT OF
TRANSPORTATION PROJECT NO. SPN 18008-2224-14 FPN: STP/HPP-28(38) (FIRST READING):
On motion of Commissioner Presley, second by Commissioner Harvel, moved to adopt resolution 09-2011-9.
The motion to adopt resolution 09-2011-9, giving the County Mayor authority to sign a proposal agreeing to cooperate with the Tennessee D.O.R. for the highway project described as S.R. 28 from south of Lowe Road to south of S.R. 62, carried by a roll call vote of 18 ayes from the Commission.
17. RESOLUTION 09-2011-10-AUTHORIZING THE SALE OF FIRE TRUCKS NO LONGER UTILIZED
BY CUMBERLAND COUNTY GOVERNMENT:
On motion of Commissioner Safdie, second by Commissioner McNeil, moved to adopt resolution 09-2011-10.
The motion to adopt resolution 09-2011-10, declaring two (2) fire trucks surplus property and authorizing the County Mayor, Finance Director, and the Fire/Emergency Services Chief to sell the trucks with the proceeds from the sale of the 1974 GMC truck be designated for use by the Eighth (8th) District Volunteer Fire Department, carried by a roll call vote of 18 ayes from the Commission.
18. RESOLUTION 09-2011-11-TO APPROVE PILOT (PAYMENT-IN-LIEU-OF-TAX) LEASE
AGREEMENT BETWEEN THE INDUSTRIAL DEVELOPMENT BOARD OF THE COUNTY OF
CUMBERLAND, TENNESSEE, AND STONEPEAK CERAMICS, INC.:
On motion of Commissioner Harvel, second by Commissioner Turner, moved to adopt resolution 09-2011-11.
Mayor Carey explained to Commissioners that Stonepeak Ceramics, Inc. wished to expand their Crossville facility and production line operations and they had requested a delay of County Taxes to allow time to complete construction on the new addition. Gary Green, a representative from the Industrial Development Board, was in attendance at the meeting to answer questions from the Commission about the 2013 building and addition project proposed by Stonepeak Ceramics, Inc. After being asked the question, Mr. Green stated that the PILOT tax savings to Stonepeak in Personal Property would be one hundred forty seven thousand dollars ($147,000.00) but he did not know what the savings were on the Real Property Taxes.
The motion to adopt resolution 09-2011-11, to approve the execution of the Amended and Restated Facility
Lease Agreement and Equipment Lease Agreement between the Industrial Development Board and Stonepeak
Ceramics, Inc. to provide for the exemption of the 2013 Building Addition and Additional Equipment from the
County ad valorem taxes and require the Company to make PILOTs, carried by a roll call vote of 18 ayes from
the Commission.
COUNTY OFFICIAL REPORTS:
Art Circle Library Director, Susie Randleman gave Commissioners a Statistics Report for the month of August 2011 detailing the numbers of book circulations, program attendance, and patrons visiting and using the facilities. Nathan Brock, Finance Director announced the previous fiscal year records had been closed and that formal reports will be given to Commissioners at a later date.
COUNTY ATTORNEY REPORT:
Randal Boston disclosed that in the past month four (4) new lawsuits had been filed against the County and in regard to other pending litigation, the County Attorney requested a closed session be scheduled with the full Commission. Commissioner Safdie questioned the County Attorney about the ability of the Commission to make recommendations for setting speed limits on county roads. Commissioner Brown responded to Mr. Safdie’s inquiry by stating the Environmental Committee would begin work with the Regional Planning Commission, the Road Commissioner, and the Sheriff on setting a policy for establishing and enforcing speed limits on county roads.
HEALTH AND SAFETY STANDARDS BOARD COMMITTEE REPORT:
Commissioner Nancy Hyder, a new member on the Health and Safety Standards Board, made known that the four volunteer members on the Health and Safety Standards Committee Board had resigned after receiving comments about disbanding the Committee. Ed Yoder and Ken Deadmon, both residents from Lake Tansi, spoke to the Commission urging them to support the efforts made by the members of the Health and Safety Standards Board. Commissioner McNeil suggested a letter of apology be sent from the Mayor and the Commission to the individuals of the Health and Safety Standards Board who had resigned.
19. ELECTION OF NOTARIES:
On motion of Commissioner Hyder, second by Seiber, moved that Sarah A. Baisley, Judy F. Bowman, Karen Cole, Brian K. Cox, Charles S. Davis, James D. Fish, Linda J. Harner, Sondra Hassler, Angela J. Hicks,
Vicki Hollingsworth, Linda R. Lampman, Susan F. Litman, Steven L. Long, Melanie Phillips, Adam Ramsey,
Thomas C. Schubert, Shannon Selby, Judith Smathers, and Jennifer R. Tollett be elected as Notary Publics for the State of Tennessee.