CUMBERLAND COUNTY COMMISSION MONTHLY MEETING
NOVEMBER 21, 2011
6:00 P.M.
Be it remembered that the Cumberland County Commission met in Monthly Session on Monday, November 21, 2011 at the Cumberland County Courthouse. Present and presiding was County Mayor Kenneth Carey who called the meeting to order and invited Minister Bev Talbott 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 (absent until 6:30 o’clock P.M.) 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
Mayor Carey welcomed Stone Memorial High School students from Calvin Kemmer’s Government Class to the Meeting and by declaring a quorum present, opened the Commission Meeting in due form of law and the following proceedings were had to wit:
1. MINUTES OF OCTOBER 17, 2011 QUARTERLY MONTHLY CUMBERLAND COUNTY
COMMISSION MEETING:
On motion of Commissioner Harvel, second by Commissioner Cramer, moved the minutes of the October 17, 2011 Quarterly Monthly Commission Meeting be approved, treat same as read, made a matter of record, and filed.
The motion to approve the minutes of the October 17, 2011 Commission Meeting carried by a roll vote of 17 ayes from the Commission.
2. RESOLUTION 11-2011-1-TO ADOPT A DEBT MANAGEMENT POLICY FOR CUMBERLAND
COUNTY:
On motion of Commissioner Foster, second by Commissioner Seiber, moved to adopt resolution 11-2011-1.
When questioned by Commissioner Harvel about how the amount of debt service fund balance was determined in
the Debt Management Policy, Chairman Foster advised the Board the Debt Management Committee had reviewed
similar policy documents from other counties to make their determination. Budget Committee Chairman Lynch
noted that the debt service fund balance range from a low of 150% to a high of 300% was discussed with the
Finance Director and was based on the County’s ratings.
The motion to approve resolution 11-2011-1, adopting a Debt Management Policy for Cumberland County that
includes mandatory provisions, carried by a roll call vote of 17 ayes from the Commission present.
3. RESOLUTION 11-2011-2-CLOSURE OF THE END OF THE COUNTY ROAD KNOWN AS FRANKLIN
STREET:
On motion of Commissioner Hassler, second by Commissioner Safdie, moved to adopt resolution 11-2011-2.
The motion to adopt resolution 11-2011-2, approving the closure of a portion of Franklin Street, carried by a roll
call vote of 17 ayes from the Commission present.
4. RESOLUTION 11-2011-3-TO OFFER A TRIBUTE TO FREDERICK A. HASSLER BY NAMING
BASSES CREEK BRIDGE THE “FREDERICK A. HASSLER MEMORIAL BRIDGE”:
On motion of Commissioner Presley, second by Commissioner Harvel, moved to adopt resolution 11-2011-3.
Commissioner Koester questioned Mayor Carey about the County’s procedure for naming a landmark after an
individual. Mayor Carey commented that he was not aware of a current policy for memorializing someone with
Commissioner Hyder asserting that a county policy should be created that would allow the Commission to honor
all the military men from Cumberland County who had died in the service for their country.
The motion to adopt resolution 11-2011-3, requesting the Tennessee Department of Transportation designate
Basses Creek Bridge located on Highway 127 South as the Fredrick A. Hassler Memorial Bridge, carried by a roll
call vote of 17 ayes from the Commission present.
5. RESOLUTION 11-2011-4-BUDGET AMENDMENT, GENERAL FUND, $2,500.00 (COUNTY
COMMISSION):
On motion of Commissioner Hyder, second by Commissioner Cramer, moved to adopt resolution 11-2011-4.
The motion to adopt resolution 11-2011-4, a budget amendment resolution, carried by a roll call vote of 17 ayes from the Commission present.
6. RESOLUTION 11-2011-5-BUDGET AMENDMENT, HIGHWAY DEPARTMENT, $94,528.00
(HIGHWAY AND BRIDGE MAINTENANCE):
On motion of Commissioner Rimmer, second by Commissioner Harvel, moved to adopt resolution 11-2011-5.
The motion to adopt resolution 11-2011-5, a budget amendment resolution, carried by a roll call vote of 17 ayes from the Commission present.
7. RESOLUTION 11-2011-6-BUDGET AMENDMENT, GENERAL FUND, $5,545.00 (SHERIFF’S
DEPARTMENT):
On motion of Commissioner Cramer, second by Commissioner Harvel, moved to adopt resolution 11-2011-6.
The motion to adopt resolution 11-2011-6, a budget amendment resolution, carried by a roll call vote of 17 ayes from the Commission present.
8. RESOLUTION 11-2011-7-BUDGET AMENDMENT, GENERAL FUND, $36,982.00 (SHERIFF’S
DEPARTMENT):
On motion of Commissioner Carter, second by Commissioner Hyder, moved to adopt resolution 11-2011-7.
The motion to adopt resolution 11-2011-7, a budget amendment resolution, carried by a roll call vote of 17 ayes from the Commission present.
9. RESOLUTION 11-2011-8-BUDGET AMENDMENT, GENERAL FUND, $7,292.00 (LIBRARIES):
On motion of Commissioner Cramer, second by Commissioner Lynch, moved to adopt resolution 11-2011-8.
The motion to adopt resolution 11-2011-8, a budget amendment resolution, carried by a roll call vote of 17 ayes from the Commission present.
10. RESOLUTION 11-2011-9-APPOINTMENT OF RANDY ELMORE, NANCY HYDER, DARRELL
COMER, BRIAN JONES, AND NICK HEDGECOTH TO THE CUMBERLAND COUNTY HEALTH
AND SAFETY STANDARDS BOARD:
On motion of Commissioner Seiber, second by Commissioner Hassler, moved to adopt resolution 11-2011-9.
11. TO DIVIDE VOTE ON RESOLUTION 11-2011-9 FOR INDIVIDUAL APPOINTEES:
At the request of Commissioner Koester, Mayor Carey familiarized the Board with each appointee after which
Commissioner McNeil questioned the Mayor about the right of the Commission to vote for each appointee
individually. Attorney Boston observed that due to the resignation of four (4) former members on the HSSB, the
Mayor’s duties was to appoint four (4) citizens to fill the vacancies subject to confirmation by the county
legislative body and those appointees were to be voted on as a group. Commission Parliamentarian Hyder stated
that she had reviewed resolution 1205-6 that provides for the adoption of regulations governing the health and
safety standards of residential and non-residential properties and Roberts Rules of Orders in anticipation of
receiving a question about a divided vote and she could not find precedence for voting on individual members of a
Committee that the Mayor had appointed unless stated in the bylaws of the Commission Rules. Commenting that
he believed Roberts Rule of Orders would permit a motion to divide a vote; Commissioner Sabine stated he
believed the Board had the prerogative to take separate votes for individual appointees.
On motion of Commissioner McNeil, second by Commissioner Koester, moved the Commission split the vote on
Resolution 11-2011-9 to allow Commissioners to vote on appointee Randy Elmore separately from the other three
citizens Mayor Carey appointed to fill the vacancies on the Health and Safety Standards Board.
With Commissioners Sabine, Hyder, Foster, Koester, McNeil, Cramer, and Lynch opting to partition the vote for
HSSB appointee Randy Elmore separate from nominees Darrell Comer, Brian Jones, and Nick Hedgecoth and
Commissioners Houston, Safdie, Hassler, Presley, Seiber, Allen, Carter, Harvel, Turner, Brown, and Rimmer
choosing to hold a collective vote for the Health and Safety Board Members named in resolution 10-2011-1, the
motion failed.
The original motion to adopt resolution 11-2011-9, to appoint Randy Elmore and Nancy Hyder for terms to expire
May 15, 2013, Darrell Comer for a term to expire May 15, 2014, and Brian Jones and Nick Hedgecoth for terms
to expire May 15, 2015 to the Health and Safety Standards Board, carried by a roll call vote of 16 ayes from the
Commission with Commissioner Brown voting no and Commissioner McNeil abstaining from the vote.
PLATEAU PARTNERSHIP PARK:
Gregg Ridley, Vice President of Economic Development with the Crossville-Cumberland County Chamber of
Commerce, attended the meeting to make a Power Point presentation to the Board detailing the concept and the
purpose of the Plateau Partnership Park. Mr. Ridley noted that Cumberland, Morgan, and Roane Counties had
joined to form the Joint Industrial Development Board in 2007 that has partnered with the Chamber, the Tennessee
Department of Economic and Community Development (TNECD), and the Tennessee Valley Authority (TVA) for
the purpose to entice job creators to the Cumberland Plateau and to attract prospective industry to the Plateau
Partnership Park.
COUNTY OFFICIAL REPORTS:
Mayor Carey reminded the Board of a Closed Session Meeting between the Commission and the County Attorney
on November 28, 2011 with a Special Call Session of the Board of Commissioners to begin immediately
following the closed session.
The monthly financial report updating the Commission on the rate of collections for sales and use taxes, hotel/
motel taxes, and ambulance service fees was presented by Finance Director, Nathan Brock.
COUNTY ATTORNEY REPORT:
Noting that he had received a letter from Uplands Design Group, Inc. and also one from Mid-State Construction regarding moisture problems at the Justice Center, Attorney Randal Boston advised that he would be addressing the issues detailed in the letters.
DELINQUENT TAX COMMITTEE REPORT:
Chairperson Nancy Hyder informed Commissioners the Delinquent Tax Committee had sold a parcel of property at
their meeting held earlier in the evening and also that Mr. John Wilson from Talcon Auctioning Company was still
working to help the Committee with delinquent tax property sales.
12. ELECTION OF NOTARIES:
On motion of Commissioner Presley, second by Commissioner Hyder, moved that Sabrina Benton, Angela M. Bressler, Vel Burgess, Linda Campbell, Cheryl H. Crain, Patricia A. Copeland, Robert W. Folger, Debbie Green, Angela Michelle Hall, Phyllis E. Henry, Carolina Jones, Megan Jones, Sandra J. Kellough, Lisa Gail Masters, Sondra T. Nelson, David G. Norris, Charlotte Parsons, and Clifford Allen Waldo be 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 with Commissioner Lynch abstaining from the vote.
ANNOUNCEMENTS:
Commissioner Koester expressed to the Board his belief that it would be advantageous for all elected County Officials to attend the monthly Commission Meetings.
13. ADJOURNMENT:
On motion of Commissioner Cramer, second by Commissioner Turner, moved the November 21, 2011 Monthly Commission Meeting be adjourned at 7:11 o’clock P.M.
The motion to adjourn the meeting carried by unanimous voice vote from the Commission.
MINUTES APPROVED FOR ENTRY THIS 19TH DAY OF DECEMBER 2011.
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Kenneth Carey, County Mayor
Chairman, Cumberland County Commission
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Jule Bryson, Cumberland County Clerk