STATE OF TENNESSEE, WILSON COUNTY BOARD OF COMMISSIONERS,

JANUARY 25, 2010:

Be it remembered that the regular meeting of the Board of Commissioners January 25,

2010, the same being the Fourth Monday in said month.

There was present and presiding the Honorable Chairman Robert Dedman; Jim Goodall,

County Clerk; and a quorum of County Commissioners to wit:

Larry West, Chris Sorey, Fred Weston, Jim Emberton, Jerry McFarland, Kenny Reich,

Georgia Franklin, Frank Bush, Gary Tarpley, Bill Patton, Bob Neal, Billy Rowland, Jeff

Joines, Mike Justice, Gilbert Graves, Gary Keith, Adam Bannach, L. T. Jenkins, Annette

Stafford, Eugene Murray, Heather Scott, Bernie Ash, Paul Abercrombie, and Randy Hall.

The Board of Commissioners was opened in the form of law at 7:00 PM when the

following proceedings were had and entered to wit:

A prayer was given by Commissioner Murray; everyone said the pledge to the flag,

which was led by Commissioner Reich.

The Clerk called the roll showing 24 present and 1 absent.

Roll Call Page

Commissioner Hall gave the Steering Committee Report and moved that said report be

received and filed, seconded by Commissioner Patton. Passed by unanimous voice vote.

Steering Committee Report Page

Commissioner Hall made a motion to adopt the Agenda, seconded by Commissioner

Patton. Passed by unanimous voice vote.

Agenda Page

No Consent Agenda was presented at this time.

Commissioner Abercrombie read Resolution 10-1-1 Recognizing "School Board

Appreciation Week". Commissioner Abercrombie made a motion that said Resolution be

adopted, seconded by Commissioner Stafford. Passed by unanimous voice vote.

Resolution 10-1-1

Commissioner Hall gave the Minutes Committee Report and moved that said report be

received and filed, seconded by Commissioner Rowland. Passed by unanimous voice

vote.

Minutes Committee Report Page

Commissioner Bannach made a motion to dispense with the reading of the minutes,

seconded by Commissioner Stafford. Passed by unanimous voice vote.

No report was given at this time by the Emergency Management Committee.

Director John Jewell gave the Emergency Management Director's Report.

Commissioner Patton made a motion that said report be received and filed, seconded by

Commissioner Tarpley. Commissioner Weston asked can you separate out the fire alarm

calls from the actual fire calls? Director Jewell stated yes an extra line could be added.

Commissioner Stafford asked Director Jewell for the record had she ever asked him to

hire or fire anyone? Director Jewell stated not to his knowledge. Commissioner Stafford

asked Former Director McFarland had she ever asked him to hire or fire anyone?

Commissioner McFarland stated no she had not. Passed by unanimous voice vote.

Emergency Management Director's Report Page

Commissioner Thomas arrived at the meeting.

Commissioner Justice gave the Law Enforcement Committee Report and moved that said

report be received and filed, seconded by Commissioner Reich. Passed by unanimous

voice vote.

Law Enforcement Committee Report Page

Sheriff Terry Ashe gave the Sheriff's Report. Commissioner Patton made a motion that

said report be received and filed, seconded by Commissioner McFarland. Commissioner

Stafford asked Sheriff Ashe for the record had she ever asked him to hire or fire anyone?

Sheriff Ashe stated no. Passed by unanimous voice vote.

Sheriff's Report Page

No report was given at this time by the Education Committee.

Director James M. Davis gave the School Superintendent's Report. Commissioner

Graves made a motion that the report in the packet be received and filed, seconded by

Commissioner Hall. Commissioner Stafford asked for the record had she ever asked him

to hire or fire anyone? Director Davis stated no. Commissioner Stafford asked he had a

conversation with Mickey Hall stating that I have ever asked for someone to be hired or

fired? Director Davis stated no. Passed by unanimous voice vote.

Director of Schools Report Page

Register of Deeds Bev Spickard gave the Register of Deeds Report stating that this

quarter $103,572.37 has been turned over in excess fees. $12,188.00 had been turned

over in computer fees this quarter. There are 163 Customers using the website, bringing

in $49,800.00. Commissioner Hall made a motion that said report be received and filed,

seconded by Commissioner Murray. Passed by unanimous voice vote.

County Trustee Jim Major gave the Trustee's Report. Commissioner Rowland made a

motion that said report be received and filed, seconded by Commissioner Patton. Passed

by unanimous voice vote.

Trustee's Report Page

Tourism Director Ricky Rodriguez gave the Tourism Report. Commissioner Patton

made a motion that said report be received and filed, seconded by Commissioner

McFarland. Passed by unanimous voice vote.

Tourism Report Page

Road Superintendent Steve Armistead gave the Road Superintendent's Report stating this

is the time of year when we need to adopt the Classified Road List. Steve Arniistead

presented Resolution 10-1-2 Classifying the Public Roads in Wilson County.

Commissioner Graves made a motion to adopt said Resolution, seconded by

Commissioner Patton. Commissioner Scott stated she had a constituent to call and say

how much she appreciated her road being taken care of during the snow. Commissioner

Jenkins stated he did not understand the classifications? Superintendent Steve Armistead

stated the Classifications 1, 2, 3, 4 is the width and type of road. It's a class decided by

the State of Tennessee. Commissioner Stafford asked have I ever asked you or

recommended to you that you hire or fire anyone? Superintendent Armistead stated no.

Commissioner West stated on Springmont everyone is giving you praise on what you've

done, but I'm not gonna give you any praise cause ya'll haven't done anything out there.

You dug up the culvert twice that I know of and it's a lot lower than the road now, but

more so, my problem is the lady that your running that stuff through her yard it probably

cost her problems on busting her pipes or whatever. Her whole yard is sunk in and I ask

Steve and everybody up there, but no one would do anything cause it's more than 25 feet

off the road and we can't do anything. This is a 75 year old woman that lost her husband

and probably don't have any money, but I get this same run around everytime I have a

problem, I guess I'm just in the wrong district. Superintendent Armistead stated your not

in the wrong district sir, but your not going to get any different run around from me

because I'm not breaking the law for you. Commissioner West stated I'm not asking you

to, but why are you digging the road up? Superintendent Armistead stated there is a

purpose for what we've done. If you would like to come out to my office and talk about

it, we will do that. Passed by unanimous voice vote.

Resolution 10-1-2

Commissioner Keith gave the Public Works Committee Report and moved that said

report be received and filed, seconded by Commissioner Bannach. Passed by unanimous

voice vote.

Public Works Committee Report Page

No report was given at this time by the Agricultural Center Management Committee.

No report was given at this time by the Cable Television Committee.

No report was given at this time by the Delinquent Tax Committee.

No report was given at this time by the Development & Tourism Committee.

No report was given at this time by the Finance Committee.

No report was given at this time by the Health & Welfare Committee.

No report was given at this time by the Insurance Committee.

No report was given at this time by the Judicial Committee.

No report was given at this time by the Planning & Zoning Committee.

No report was given at this time by the Recreation Committee.

No report was given at this time by the Rules Committee.

Commissioner Patton gave the Urban Type Public Facilities Board Report and moved

that said report be received and filed, seconded by Commissioner Tarpley.

Commissioner Thomas stated in the minutes of the meeting here it mentions that Ms.

Andrews requested a petition to come before the County Commission. What was that

petition for and has it been presented, did I miss it? County Attorney Mike Jennings

stated she just presented a petition. Commissioner Thomas asked will it get to the

County Commission or not? County Attorney Mike Jennings stated I can get it, but I'm

not sure what you're going to do with it. It doesn't ask for any action. It asks for the

County Commission to set up a work committee on Animal Control and you already have

one of those. You have an Animal Control Study Committee. Passed by unanimous

voice vote.

Urban Type Public Facilities Board Report Page

Director Ron Gilbert gave the Finance Director's Report. Commissioner Graves made a

motion that said report be received and filed, seconded by Commissioner Justice.

Commissioner Weston asks you have all the paperwork on this? Director Gilbert stated

yes. Commissioner Weston asked who enforces this? Director Gilbert stated Jim

asked I didn't hear what you said about the hotel/motel tax, could you repeat? Director

Gilbert stated they are complete and finished. Started off with 26 to start with, they

found 2 that had not reported, we had 28 total. They netted somewhere around

41,000.00. Commissioner Stafford stated so we made enough money to pay for it then?

Director Gilbert stated we made $11,000.00 more than we paid for. Passed by

unanimous voice vote.

Finance Director's Report Page

Commissioner Ash gave the Budget Committee Report and made a motion that said

report be received and filed as amended, seconded by Commissioner Joines. Passed by

unanimous voice vote.

Finance Committee Report Page

Commissioner Ash read Resolution 10-1-3 to Amend the Budget & Appropriation

Resolution for the 2009-2010 Fiscal Year to Make Line Item Transfers in the Sheriff's

Department. Commissioner Ash made a motion that said Resolution be adopted,

seconded by Commissioner Safford. Commissioner Scot asked how much of this is from

the Wilson County Fair? Sheriff Ashe stated all of that and still some. Passed by a roll

call vote 25 for, 0 against, 0 not voting, and 0 absent.

Resolution 10-1-3

Commissioner Ash read Resolution 10-1-4 to Reflect Revenues Received but not

Included in the Original Budget for the 2009-2010 Fiscal Year and to Amend the Budget

& Appropriation Resolution for the 2009-2010 Fiscal Year to Transfer These Funds into

Line Items in the Sheriff's Department Budget. Commissioner Ash made a motion that

said Resolution be adopted, seconded by Commissioner Stafford. Passed by a roll call

vote 25 for, 0 against, 0 not voting, and 0 absent.

Resolution 10-1-4

Commissioner Ash read Resolution 10-1-5 to Amend the Budget & Appropriation

Resolution for the 2009-2010 Fiscal Year to Make an Additional Appropriation in the

Litigation Tax Fund. Commissioner Ash made a motion that said Resolution be adopted,

seconded by Commissioner Hall. Passed by a roll call vote 25 for, 0 against, 0 not voting,

and 0 absent.

Resolution 10-1-5

Commissioner Ash read Resolution 10-1-6 to Reflect Revenues Received but not

Included in the Original Budget for the 2009-2010 Fiscal Year and to Amend the Budget

& Appropriation Resolution for the 2009-2010 Fiscal Year to Transfer These Funds into

Line Items in Grant Expenditures. Commissioner Ash made a motion that said

Resolution be adopted, seconded by Commissioner Hall. Commissioner Thomas stated

he saw in the Public Works Committee Minutes that two people voted against. He would

like to know why the two Commissioners voted no? Commissioner Weston stated he

voted no, because he did not think the Courthouse needed a new roof. Commissioner

Scott asked is this for administration only? Commissioner Ash stated yes, that is his

understanding. Passed by a roll call vote 25 for, 0 against, 0 not voting, and 0 absent.

Resolution 10-1-6

Commissioner Ash stated the Chairman of the EMA Committee has asked to pull

Resolution 10-1-7.

Commissioner Murray stated this is an amendment to the Wilson County Zoning

Ordinance to establish certain maintenance requirements for 1 acre or less lots in 1 acre

or less average lot size major subdivision developments in Wilson County. Basically this

gives our planning office a little when it comes to overgrowth around the subdivision,

where there's a number of abandoned and foreclosed houses, where the banks are the

institutions that have taken these things over. They do not upkeep them and we are

giving the planning, because the group is getting major complaints from the subdivision

property owners, neighbors, and so on. We thought this might give our planning group a

little more in enforcing this. County Attorney Mike Jennings stated we have to recess for

a public hearing to allow anyone in the audience the opportunity to speak. Commissioner

Justice stated last summer you and I stated dialoging on this, not only an acre of less.

I've had a lot of calls on some houses that are 5 acre tracts that are built close to the

property line. I don't guess this is going to help me in anyway is it? County Attorney

Jennings stated this is not going to help you. As you may recall, I sent out a letter back

before Christmas stating I would like to get together, so we can look and see what the

options were. To answer your question, I don't think it is going to help you in your

situation, but we still need to deal with that. Commissioner Justice asked did we work

out who's going to enforce it and how they could enforce it. County Attorney Jennings

stated no, that's why I say we need to meet. This will involve the Commissioners,

Building Inspectors, and County Planner, there are several questions involved in this.

Commissioner Justice stated I think this is a great thing, but there's not only an acre of

less, there's also 5 acres or more.

Commissioner Joines made a motion to recess for a public hearing, seconded by

Commissioner Thomas. Passed by unanimous voice vote.

No one was present to speak for or against.

Commissioner McFarland asked what is the definition of a major subdivision? County

Attorney Jennings stated it has been defined in Section 1 of the Resolution.

Commissioner Justice asked can it not be amended to say other than agricultural uses?

Can we not amend it some how to take care of those people who do not live in a

subdivision, that are still being punished by this? County Attorney Jennings stated yes

you can, but I would caution you about doing that until Tom Brashears is here and we can

talk about who's going to enforce it and that sort of thing. If you've got any concerns

about this tonight.....Commissioner Justice stated he didn't want to stall it, but if we

could add a line to it that would some how cover it, that's what we've all been working

for, I think. County Attorney Jennings stated he understood that, but we have to be able

to enforce it. Commissioner Jenkins asked don't you have to publish this in the local

paper for so long that we are going to hold a public meeting? We can't hold a public

meeting tonight? County Attorney Jennings asked I'm going to assume Tom did that,

because he doesn't put his Resolutions out unless he does it. Commissioner Weston

asked could it be worded 5 acres or more that is zoned agricultural, does not have to

abide by this? County Attorney Jennings stated let me answer your question, and I'm not

trying to be smart about this. You can word it anyway you want to, but do you have the

statutory authority to do it #1, and #2 when it passes who is going to enforce it? Those

are issues that have to be dealt with. Commissioner Weston asked do we have statutory

for what is on paper right now? County Attorney Jennings stated yes, I think we do.

Commissioner Weston asked if you have it for this, why wouldn't you have it for 5 acres

or more agricultural. County Attorney Jennings stated this does not necessarily follow or

apply to every tract of ground. If you want to tinker with it, you need to sit down with

Tom, the Building Inspector, whoever is going to enforce it and make sure we are all on

the same page before you bring it back. Commissioner Murray stated if someone wants

to recommend this be deferred for further study, it would be okay with the Planning &

Zoning Committee. Commissioner Ash stated we needed to go ahead and vote on the

original Resolution.

Commissioner Murray made a motion to go back into regular session, seconded by

Commissioner Stafford. Passed by unanimous voice vote.

Commissioner Murray read Resolution 10-1-8 Amendment to the Wilson County Zoning

Ordinance to establish certain maintenance requirements for 1 acre or less lots in 1 acre

or less average lot size major subdivision developments in Wilson County.

Commissioner Murray made a motion that said Resolution be adopted, seconded by

Commissioner Thomas. Passed by a unanimous voice vote.

Resolution 10-1-8

No Old Business.

No New Business.

A list of Notaries for January was presented to the Commission. Commissioner Patton

made a motion to approve the list of Notaries for January, 2010, seconded by

Commissioner Rowland. Passed by unanimous voice vote.

Notary Page

Chairman Dedman called for the election of three (3) members to the Industrial

Development Board. Chaii nan Dedman recommended G. C. Hixson, Al Partee, and

Vondie Smith. Commissioner Patton made a motion to elect G. C. Hixson, Al Partee,

and Vondie Smith to the Industrial Development Board, seconded by Commissioner

Graves. Passed by unanimous voice vote.

Chairman Dedman called for the appointment of one member to the Emergency 911

Board to fill the unexpired telin of Sheriff Terry Ashe. Chairman Dedman recommended

Ron Britt. Commissioner Patton made a motion to appoint Ron Britt to the Emergency

911 Board to fill the unexpired term of Sheriff Terry Ashe, seconded by Commissioner

Tarpley. Passed by unanimous voice vote.

Commissioner Jenkins made a motion to adjourn, seconded by Commissioner Bannach.

Passed by unanimous voice vote.