CUMBERLAND COUNTY BOARD OF COMMISSIONERS

OCTOBER 16, 2017

QUARTERLY MONTHLY MEETING MINUTES

Be it remembered that the Cumberland County Commission met in quarterly monthly session on Monday, October 16, 2017 at the courthouse in Crossville, Tennessee. Sheriff Department Reserve Deputy Tyler Yoder called the meeting to order at 6:00 o’clock P.M. Present and presiding was Commission Chairman, County Mayor Kenneth Carey, Jr. who invited Commissioner Wendell Wilson to give the Invocation and he asked members of 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, Finance Director Nathan Brock, Road Superintendent Scott Blaylock, Attorney Kevin Poore representing County Attorney Randal Boston and the following County Commissioners:

Tracey Scarbrough Sue Ann York

Nancy Hyder Tom Isham

David Hassler Rebecca Stone

Allen Foster David Gibson

Jack Davis Terry Lowe

Terry Carter Wendell Wilson

Elbert Farley Roy Turner (absent)

Tim Claflin Sonya Rimmer

Woody Geisler John Patterson

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 SEPTEMBER 18, 2017 MONTHLY CUMBERLAND COUNTY COMMISSION MEETING:

On motion of Commissioner Claflin, second by Commissioner Rimmer, moved the minutes of the September 18, 2017 Monthly Commission Meeting be approved, treat same as read, made a matter of record and filed.

The motion to approve the meeting minutes carried by a roll call vote of 17 ayes from the Commission present.

2. UNFINISHED BUSINESS: RESOLUTION 09-2017-8-BUDGET AMENDMENT, GENERAL FUND,

SANITATION FUND, CONVENIENCE CENTERS, $39,500.00:

On motion of Commissioner Hassler, second by Commissioner Hyder, moved to adopt resolution 09-2017-8.

The motion to adopt resolution 09-2017-8, a budget amendment to purchase property for a convenience center site in the Homestead Community on the recommendation of the Building and Grounds Committee, carried by a roll call vote of 17 ayes from the Commission present.

3. RESOLUTION 10-2017-1-TO ADD HICKORY GAP LANE AND HICKORY VIEW LANE TO THE

OFFICIAL CUMBERLAND COUNTY ROAD LIST:

On motion of Commissioner Foster, second by Commissioner Hassler, moved to adopt resolution 10-2017-1.

The motion to adopt resolution 10-2017-1, approving the addition of Hickory Gap Lane and Hickory View Lane to the

Official County Road List, carried by a roll call vote of 17 ayes from the Commission present.

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4. RESOLUTION 10-2017-2-TO REMOVE JOHN TAYLOR ROAD FROM THE OFFICIAL CUMBERLAND

COUNTY ROAD LIST:

On motion of Commissioner Hassler, second by Commissioner Foster, moved to adopt resolution 10-2017-2.

The motion to adopt resolution 10-2017-2, approving the removal of John Taylor Road from the Official County Road

List, carried by a roll call vote of 17 ayes from the Commission present.

5. RESOLUTION 10-2017-3-TO ACCEPT OFFER OF TYLER D. BROWN AND ERNEST GORDON KERLEY,

III TO PURCHASE PROPERTY OWNED BY CUMBERLAND COUNTY:

On motion of Commissioner Hyder, second by Commissioner Hassler, moved to adopt resolution 10-2017-3.

The motion to adopt resolution 10-2017-3, accepting the offer of Tyler D. Brown and Ernest Gordon Kerley, III to pay

one hundred dollars ($100.00) to purchase one (1) parcel of county owned property located at 366 Bainbridge Road in

Fairfield Glade, carried by a roll call vote of 17 ayes from the Commission present.

6. RESOLUTION 10-2017-4-BUDGET AMENDMENT, GENERAL PURPOSE SCHOOL FUND, COMMUNITY

DONATIONS, $811.00:

On motion of Commissioner Gibson, second by Commissioner Stone, moved to adopt resolution 10-2017-4.

The motion to adopt resolution 10-2017-4, a budget amendment for donated monies from Cumberland Good Samaritans, the Cumberland Community Band and private citizens to assist with school supplies, the Shoe Fund and the visual arts program in Cumberland County Schools, carried by a roll call vote of 17 ayes from the Commission present.

7. RESOLUTION 10-2017-5-BUDGET AMENDMENT, GENERAL PURPOSE SCHOOL FUND, SPECIAL

EDUCATION INSTRUCTION AND PROGRAM, $84,484.00:

On motion of Commissioner Patterson, second by Commissioner Stone, moved to adopt resolution 10-2017-5.

The motion to adopt resolution 10-2017-5, a budget amendment for changes in personnel in the Special Education Instruction and Program, carried by a roll call vote of 17 ayes from the Commission present.

8. RESOLUTION 10-2017-6-BUDGET AMENDMENT, COUNTY ATTORNEY, $3,536.29:

Commissioner Isham moved that resolution 10-2017-6 be tabled at this time and forwarded to the Environmental Committee for further examination. Commissioner Hyder agreed and seconded his motion. Mr. Isham made known that Cumberland County has never paid an inspection fee for dams in the past and he expressed his reluctance to pay an inspection fee now that might obligate the county to assume responsibility and liability for all dams in the region. Mayor Carey stated that after meeting with County Attorney Boston in regard to the Breckenridge #2 Dam, his understanding was that Breckenridge had covenants that would require their homeowners association to be responsible for paying dam inspections. The Mayor went on to explain the County Attorney had contacted County Technical Assistance Services (CTAS) about the issue and they advised Mr. Boston the county should not be responsible for the inspection fee. However, later the Tennessee Department of Environment and Conservation (TDEC) got involved and, without any notification to the county, held a meeting in which TDEC ruled that Cumberland County would be responsible for payment of the Breckenridge Dam inspection fees and the imposed late penalties.

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Commissioner Gibson stated he was concerned that delaying payment of the original assessed fee of five hundred dollars ($500.00) and penalty would cost the county even more in fines. Mr. Gibson suggested the inspection fee and civil penalties be paid, and then the County could make the effort to recoup the money from the Breckenridge R.V. Resort. When called upon for his opinion, Road Superintendent Blaylock stated he had no knowledge about the dam inspection process since it was not a road issue but since hundreds of public road in the county cross water he would like to know how the State distinguishes a dam from a spillway or a culvert.

After more discussion about the inspection fee, Board Members moved to refer the resolution to the Environmental Committee for more study by a roll call vote of 16 ayes from the Commission present. Commissioner Gibson voted against tabling resolution 10-2017-6. It was also suggested by Commissioners Stone and Hyder the County Attorney and a representative from TDEC attend the next Environmental Committee Meeting.

9. RESOLUTION 10-2017-7-BUDGET AMENDMENT, GENERAL FUND, AUTHORIZING A DONATION TO

THE CUMBERLAND HOMESTEADS TOWER ASSOCIATION, $7,500.00:

On motion of Commissioner Foster, second by Commissioner York, moved to adopt resolution 10-2017-7.

The motion to adopt resolution 10-2017-7, a budget amendment for a contribution to the Cumberland Homestead Tower Association to pay a portion of the cost for materials and labor to install and connect the tower to city sewer, carried by a roll call vote of 17 ayes from the Commission present.

10. RESOLUTION 10-2017-8-APPOINTING KATHY IVEY TO THE CUMBERLAND COUNTY LIBRARY

BOARD TO FILL THE REMAINING TERM OF MARTHA MCKNIGHT WHICH WILL EXPIRE ON JUNE

30, 2019:

On motion of Commissioner Hyder, second by Commissioner Stone, moved to adopt resolution 10-2017-8.

The motion to adopt resolution 10-2017-8, appointing Kathy Ivey to replace Martha McKnight on the Library Board

for a term to expire June 30, 2019, carried by a roll call vote of 17 ayes from the Commission.

COUNTY OFFICIAL REPORT:

Mayor Carey announced that Commissioners Nancy Hyder and Terry Carter were recognized by the Tennessee County Commissioner Association at their last meeting in September for each having served twenty (20) years or more as Commissioners for their county.

FINANCE DIRECTOR REPORT:

After delivering a brief financial report about the September 2017 revenues, Finance Director Brock noted the Budget Committee has asked County Trustee Kim Wyatt to attend their next meeting to answer questions and address some of their concerns about hotel/motel tax collections.

11. ELECTION OF NOTARIES:

On motion of Commissioner Gibson, second by Commissioner Claflin, moved that Amy Allen, Janie L. Burgess, Julie Donnelly, C. Douglas Fields, Kyle D. Geer, Pamala Ann Harris, Melissa Kirby, Callan Brooke Lamoreaux, Dana Lee McHugh, Jennifer Peters, Tim E. Poore, Lisa Rogers, Rhonda D. Terry and Jolee K. Wallace are elected as Notary Publics for the State of Tennessee.

The motion to approve the notaries carried by a roll call vote of 17 ayes from the Commission present.

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12. ADJOURNMENT:

On motion of Commissioner Rimmer, second by Commissioner Claflin, moved the October 16, 2017 Commission Meeting be adjourned at 6:27 o’clock P.M.

The motion to adjourn the meeting carried by unanimous voice vote from the Commission present.

MINUTES APPROVED FOR ENTRY THIS 20TH DAY OF NOVEMBER 2017.

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Kenneth Carey, County Mayor

Chairman, Cumberland County Commission

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Jule Bryson, Cumberland County Clerk

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