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Page Number 100 McMinn County Commission Minutes - Regular Session October 17,2016 The McMinn County Board of Commissioners met in Regular Session on October 17, 2016, at 7:30 pm, in the Blue Room of the McMinn County Courthouse. 1. CALL TO ORDER The meeting was called to order by Chairman David Crews. 2. INVOCATION The Invocation was given by Commissioner McPhail. 3. PLEDGE TO THE FLAG The Pledge to the Flag was led by Commissioner Simpson. 4. ROLL CALL i Roll Call was taken by Evonne Hayes, McMinn County Clerk, as recorded: Scott Curtis - Present Dale Holbrook - Present ' > Tim King - Present Roger Masingale - Present Jerry Millsaps - Present J. W. McPhail - Present Brent Carter - Present Tad Simpson - Present Charles Slack - Present Chairman David Crews - Present 5. SELECTION OF COMMISSION CHAIR AND VICE CHAIRMAN Chairman Crews opened the floor for nominations for Chairman. MOTION made by Commissioner Masingale, and seconded by Commissioner Simpson, to nominate David Crews as Chairman. Commissioner Mcphail made a motion that nominations cease and Commissioner Crews be elected Chairman. Motion carried by voice vote. Chairman Crews opened the floor for nominations for Vice Chairman. MOTION made by Commissioner Curtis, and seconded by Commissioner Masingale, to nominate Commissioner J. W. McPhail as Vice Chairman. Motion carried by voice vote. 6. APPROVAL OF MINUTES Copies of the Minutes of the Regular Session on September 12, 2016 were provided to the McMinn County Commissioners.

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Page 1: Page Number 100 McMinn County Commission …Page Number 102 McMinn County Commission Minutes - Regular Session October 17, 2016 Resolution No. 16-089 (con't) WHEREAS, the Sheriffs

Page Number 100 McMinn County Commission Minutes - Regular Session October 17,2016

The McMinn County Board of Commissioners met in Regular Session on October 17, 2016, at 7:30 pm, in the Blue Room of the McMinn County Courthouse.

1. C A L L TO ORDER

The meeting was called to order by Chairman David Crews.

2. INVOCATION

The Invocation was given by Commissioner McPhail.

3. P L E D G E TO T H E F L A G

The Pledge to the Flag was led by Commissioner Simpson.

4. R O L L C A L L i

Roll Call was taken by Evonne Hayes, McMinn County Clerk, as recorded:

Scott Curtis - Present Dale Holbrook - Present '> Tim King - Present Roger Masingale - Present Jerry Millsaps - Present J . W. McPhail - Present Brent Carter - Present Tad Simpson - Present Charles Slack - Present Chairman David Crews - Present

5. SELECTION OF COMMISSION CHAIR AND V I C E CHAIRMAN

Chairman Crews opened the floor for nominations for Chairman.

MOTION made by Commissioner Masingale, and seconded by Commissioner Simpson, to nominate David Crews as Chairman.

Commissioner Mcphail made a motion that nominations cease and Commissioner Crews be elected Chairman.

Motion carried by voice vote.

Chairman Crews opened the floor for nominations for Vice Chairman.

MOTION made by Commissioner Curtis, and seconded by Commissioner Masingale, to nominate Commissioner J . W. McPhail as Vice Chairman.

Motion carried by voice vote.

6. APPROVAL OF MINUTES

Copies of the Minutes of the Regular Session on September 12, 2016 were provided to the McMinn County Commissioners.

Page 2: Page Number 100 McMinn County Commission …Page Number 102 McMinn County Commission Minutes - Regular Session October 17, 2016 Resolution No. 16-089 (con't) WHEREAS, the Sheriffs

Page Number 101 McMinn County Commission Minutes - Regular Session October 17, 2016

(con't)

MOTION made by Commissioner Holbrook, and seconded by Commissioner Millsaps, to approve the minutes of September 12, 2016.

Motion carried by voice vote.

7. APPROVAL OF BIDS AND PURCHASES

A. A Resolution to Declare Items as Surplus Property.

Mr. Luallen presented resolution #16-088, along with the list of items (Photosmart Printer) from Dan P. Evans, Chief Administrative Officer.

R E S O L U T I O N NO. 16-088

A RESOLUTION TO DECLARE ITEMS AS SURPLUS PROPERTY

WHEREAS, McMinn County has authority to declare items as surplus that are no longer deemed necessary or adequate to properly perform the duties of county government as prescribed by law; and

WHEREAS, the McMinn County Highway Department requests approval to have the equipment listed on the attached letter declared as surplus property and sell it; and

NOW, T H E R E F O R E , B E IT R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEE, M E E T I N G IN R E G U L A R SESSION THIS T H E 17"" D A Y OF OCTOBER 2016, that this Commission does hereby declare these items as surplus property.

(Orig signed by John M. Gentry) McMinn County Mayor

Attest:

(Orig signed by Evonne Hayes) County Clerk

MOTION made by Commissioner King, and seconded by Commissioner Simpson, to approve this resolution.

Motion carried by voice vote.

B . A Resolution to Purchase Law Enforcement Vehicles from Tennessee State Contract.

Mr. Luallen presented resolution #16-088, along with the price page for each vehicle.

RESOLUTION NO. 16-089

A RESOLUTION TO PURCHASE L A W ENFORCEMENT V E H I C L E S FROM T E N N E S S E E S T A T E CONTRACT

WHEREAS, in order to properly perform the essential operations of county government goods and services must often be let for bid; and

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Page Number 102 McMinn County Commission Minutes - Regular Session October 17, 2016

Resolution No. 16-089 (con't)

WHEREAS, the Sheriffs Department requests to purchase one 2017 Dodge Charger Pursuit Sedan, one 2017 Ford F-150 4x4 and one 2017 Dodge Durango Special Service vehicle from Tennessee State Contract, in order to properly carry out the functions of the department; and

WHEREAS, Tennessee State Contract has followed the proper procedures in securing bids; and _̂

WHEREAS, Sheriff Joe Guy requests to purchase these vehicles from Tennessee State Contract not to exceed a total of $110,000.00; and

W H E R E A S , these funds are budgeted each year under Other Capital Projects-Law Enforcement Equipment.

NOW, T H E R E F O R E , B E I T R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF MCMINN COUNTY, T E N N E S S E E , MEETING IN R E G U L A R SESSION THIS T H E 17* D A Y OF OCTOBER, 2016, that this Commission does hereby approve the purchase of these vehicles at the documented State Contract prices.

(Orig signed by John M. Gentry) McMinn County Mayor

Attest:

(Orig signed by Evonne Hayes) County Clerk

MOTION made by Commissioner Millsaps, and seconded by Commissioner Masingale, to approve this resolution.

Motion carried by voice vote.

8. R E V I E W AND APPROVAL OF CONTRACTS

A. A Resolution to Approve Amendment to the DGA Grant Contract Between McMinn Countv and State of Tennessee Department of Health.

Mr. Luallen presented resolution #16-090 along with a copy of the amended contract.

R E S O L U T I O N NO. 16-090

A R E S O L U T I O N T O A P P R O V E A M E N D M E N T T O T H E D G A G R A N T C O N T R A C T B E T W E E N M C M I N N C O U N T Y A N D

S T A T E OF T E N N E S S E E D E P A R T M E N T OF H E A L T H

WHEREAS, it is the conviction of McMinn County, that every individual in the County has good health care readily available; and

WHEREAS, in order to properly perform the duties of county government as prescribed by law, it is often in McMinn County's interest to enter into contracts with other entities; and

WHEREAS, McMinn County has entered into a contract with the State of Tennessee Department of Health to protect and improve the physical health of the county citizens through the prevention of conditions that may threaten good health; and

WHEREAS, the total amended appropriation for which the County shall receive is $478,300; and

WHEREAS, McMinn County Health Department does provide these services and both parties do hereby agree to these provisions in the contract for F Y 2016-17.

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Page Number 103 McMinn County Commission Minutes - Regular Session October 17,2016

Resolution No. 16-090 (con't)

NOW T H E R E F O R E , B E IT R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF MCMINN COUNTY, T E N N E S S E E , MEETING IN R E G U L A R SESSION THIS T H E 17* D A Y OF OCTOBER 2016, that this Commission does hereby approve this amended contract.

AND F U R T H E R M O R E R E S O L V E S to give authority to the County Mayor or his designee to execute and administer the duties of said contract.

(OriR signed by John M. Gentry) McMinn County Mayor

Attest:

(Orig signed by Evonne Hayes) County Clerk

MOTION made by Commissioner Slack, and seconded by Commissioner Simpson to approve this resolution.

Motion carried by voice vote.

B . A Resolution to Approve the Contract Between McMinn County and State of Tennessee Department of Health.

Mr. Luallen presented resolution #16-091 along with a copy of the summery page and the letter requesting and describing the need that exist from Mayor Gentry.

RESOLUTION NO. 16-091

A RESOLUTION TO APPROVE T H E CONTRACT B E T W E E N MCMINN COUNTY AND S T A T E OF T E N N E S S E E DEPARTMENT OF H E A L T H

W H E R E A S , it is the conviction of McMinn County, that every individual in the County has good health care readily available; and

WH E RE A S, in order to properly perform the duties of county government as prescribed by law, it is often in McMinn County's interest to enter into contracts with other entities; and

WH E RE A S, McMinn County has requested grant monies in the amount of $27,000 for a new phone system and completing the sidewalk surrounding the Health Department building; and

WHEREAS, McMinn County has received approval of grant funds for said project.

NOW T H E R E F O R E , B E IT R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF MCMINN COUNTY, TENNESSEE, M E E T I N G IN R E G U L A R SESSION THIS T H E 17* D A Y OF OCTOBER, 2016, that this Commission does hereby approve this contract.

AND F U R T H E R M O R E R E S O L V E S to give authority to the County Mayor or his designee to execute and administer the duties of said contract.

(Orig signed by John M. Gentry) McMinn County Mayor

Attest:

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Page Number 104 McMinn County Commission Minutes - Regular Session October 17,2016

Resolution No. 16-091 (con't)

(Orig signed by Evonne Hayes) County Clerk

MOTION made by Commissioner Slack, and seconded by Commissioner Millsaps to approve this resolution.

Motion carried by voice vote.

9. APPROVAL OF B U D G E T AMENDMENTS

Mr. Luallen presented the following budget amendments, a copy of v/hich was provided to each Commissioner and did have County Commission approval September 12, 2016.

Fund: Road & Bridge Fund #131 Date: October 13, 2016

DEPARTMENT ACCOUNT FOLIO D E B I T CREDIT Local Taxes Mineral Severance Tax 40280 7,000 Reserve Unassigned Fund Balance 39000 7,000

EXPLANATION: To budget Revenues to meet maintenance of effort requirements for F Y 16-1 7

MOTION made by Commissioner Curtis, and seconded by Commissioner Simpson to approve these budget amendments.

Scott Curtis - Aye Dale Holbrook - Aye Tim King - Aye Roger Masingale - Aye Brent Carter - Aye J . W. McPhail - Aye Jerry Millsaps - Aye Tad Simpson - Aye Charles Slack - Aye Chairman David Crews - Aye

Motion carried by roll call vote, as recorded:

10. COMMENTS FROM T H E AUDIENCE

• None.

11. RESOLUTIONS

A. A Resolution to Authorize the County Mayor to Renew the Interlocal Cooperation and Mutual Aid Agreement for the Tenth Judicial District Drug Task Force.

Mr. Gentry presented Resolution #16-092 along with a copy of the agreement. Mayor Gentry introduced Executive Director Bi l l Cherry and Attorney General Steve Crump. Mr. Crump wanted to address the commission to thank everyone for their cooperation with the Drug Task Force.

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Page Number 105 McMinn County Commission Minutes - Regular Session October 17,2016

Resolution No. 16-092 (con't)

RESOLUTION NO. 16-092

A RESOLUTION TO AUTHORIZE T H E COUNTY MAYOR TO RENEW T H E I N T E R L O C A L COOPERATION AND M U T U A L AID A G R E E M E N T FOR T H E T E N T H JUDICIAL DISTRICT DRUG

T A S K FORCE

WHEREAS, Tennessee Code Annotated Section 12-9-101 authorizes public agencies to enter into inter­local cooperation agreements; and

WHEREAS, Tennessee Code Annotated Section 6-54-307 authorizes law enforcement agencies to provide one another with mutual assistance in law enforcement; and

WHEREAS, the Tenth Judicial District Drug Task Force has been organized and McMinn County, Tennessee, has joined with other governing bodies in an effort to identify and prosecute drug users, sellers, distributors, transporters and manufacturers of controlled substances within the Tenth Judicial District; and

WHEREAS, McMinn County originally entered into this agreement with the Tenth Judicial District Drug Task Force in October 1988.

NOW, T H E R E F O R E B E IT R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN R E G U L A R SESSION THIS T H E 17"̂ D A Y OF OCTOBER 2016, that this Commission does hereby approve the inter-local agreement with the Tenth Judicial Drug Task Force and FURTHERMORE, authorizes the County Mayor to execute the necessary documents to fulfill the intentions of this resolution

(Orig signed bv John M. Gentry) McMirm County Mayor

Attest:

(Orig signed by Evonne Haves) County Clerk

MOTION made by Commissioner Holbrook, and seconded by Commissioner King, to approve this resolution.

B . A Resolution to Grant Conditional Tax Incremental Financing Application Approval.

Mr. Gentry presented Resolution #16-093. Lou Scudere, Vice President for Food City's parent company K - V A - T gave a slide show presentation of the plans the company has for a store that will be located in the old Madison Park Shopping Center.

RESOLUTION NO. 16-093

A RESOLUTION TO GRANT CONDITIONAL T A X INCREMENTAL FINANCING APPLICATION APPROVAL

WHEREAS, McMinn County, Tennessee desires to assist with qualified redevelopment projects and economic impact projects that demonstrate a substantial and significant public benefit by constructing public improvements and/or cause the productive reuse of under-utilized property. Tax increment financing, as allowed by law, offers a means to assist with such projects which are for the public good or for such projects which would otherwise not occur but for Tax Increment Financing; and

WHEREAS, Marathon Realty Corporation has submitted an application for Tax Incremental Financing (TIF) under McMinn County's adopted policies and guidelines; and

WHEREAS, per McMinn County policy, the county mayor has reviewed the application and recommends it for consideration to the county commission for conditional approval; and

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Page Number 106 McMinn County Commission Minutes - Regular Session October 17,2016

Resolution No. 16-093 (con't)

WHEREAS, the McMinn County Commission has reviewed the submitted application and grants conditional approval; and

WHEREAS, the application shall be forwarded to the Industrial Development Board of McMinn County for further due diligence and consideration.

NOW, T H E R E F O R E , B E IT R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE MEETING IN R E G U L A R SESSION THIS T H E 17™ D A Y OF OCTOBER, 2016, that this Commission does hereby grant conditional approval to the TIF application submitted by Marathon Realty Corporation and recommends its consideration for approval by the Industrial Development Board of McMinn County.

(Orig signed bv John M. Gentrv) McMinn County Mayor

Attest:

(Orig signed by Evonne Haves) County Clerk

MOTION made by Commissioner Holbrook, and seconded by Commissioner King, to approve this resolution.

Note: Mayor Gentry said this resolution will go before the City of Athens on October 18, 2016 at their next meeting then the resolution will be moved on to the bond board.

C. A Resolution to Approve the Request of Funds by the City of Etowah to Assist in funding Construction of a Stage Cover at the Historic Etowah Depot.

Mr. Gentry presented Resolution #16-094. This did have Budget Committee approval.

RESOLUTION NO. 16-094

A RESOLUTION TO APPROVE T H E REQUEST OF FUNDS B Y T H E C I T Y OF ETOWAH TO ASSIST IN FUNDING CONSTRUCTION OF A STAGE COVER A T T H E HISTORIC ETOWAH DEPOT

WHEREAS, the City of Etowah has received a 2016 Tourism Enhancement Grant in the amount of $50,000 to be used for the construction of a stage cover at the historic Etowah L&N Depot; and

WHEREAS, the City of Etowah estimates the total cost of this project at $82,000; and

WHEREAS, the city requests that McMinn County split the outstanding balance of the project; and

WHEREAS, the total maximum funding amount from McMirm County would be $16,000; and

WHEREAS, this request would be funded from Tourism/Hotel-Motel Tax funds.

NOW, T H E R E F O R E B E IT R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN R E G U L A R SESSION THIS T H E 17"" D A Y OF OCTOBER 2017, that this Commission does hereby approve this appropriation of tourism funds to the City of Etowah for the construction of a stage cover.

(Orig signed by John M. Gentrv) McMinn County Mayor

Attest:

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Page Number 107 McMinn County Commission Minutes - Regular Session October 17,2016

Resolution No. 16-094 (con't)

(Orig signed by Evonne Hayes) County Clerk

MOTION made by Commissioner Holbrook, and seconded by Commissioner Slack, to approve this resolution.

D. A Resolution to Approve the Request for Hotel-Motel Funds to Assist in Funding Old Fashioned Downtown Christmas.

Mr. Gentry presented Resolution #16-087. This did have Budget Committee approval.

RESOLUTION NO. 16-095

A RESOLUTION TO APPROVE T H E REQUEST FOR HOTEL-MOTEL FUNDS TO ASSIST IN FUNDING OLD FASHIONED DOWNTOWN CHRISTMAS

WHEREAS, the Old Fashioned Downtown Christmas provides an important event to promote business and tourism in Downtown Athens in a festive and entertaining way; and

WHEREAS, the Downtown Business Association has requested funding from McMirm County to defray costs for an ice skating rink and additional lighting for this year's event; and

WHEREAS, to assist in the funding of this annual festival, the Downtown Business Association requests $2,000 from the Hotel/Motel Tax Fund; and

NOW, T H E R E F O R E B E IT R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN R E G U L A R SESSION THIS T H E 17* D A Y OF OCTOBER 2016 that this Commission does hereby approve funding in the amount of $2,000 for Old Fashioned Downtown Christmas 2016.

(Orig signed by John M. Gentry) McMinn County Mayor

Attest:

(Orig signed by Evonne Hayes) County Clerk

MOTION made by Commissioner Slack, and seconded by Commissioner Millsaps, to approve this resolution.

12. ELECTIONS, APPOINTMENTS AND CONFIRMATIONS

A. A Resolution to Confirm the Appointment of Richard Brogan to the McMinn County 911 Board of Directors.

Mr. Gentry presented Resolution #16-096.

RESOLUTION NO. 16-096

A RESOLUTION TO CONFIRM T H E APPOINTMENT OF RICHARD BROGAN TO T H E MCMINN COUNTY 911 BOARD OF DIRECTORS

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Page Number 108 McMinn County Commission Minutes - Regular Session October 17, 2016

Resolution No. 16-096 (con't)

WHEREAS, the McMinn County 911 has a Board of Directors to oversee the direction and management of its operations and service; and

WHEREAS, John M. Gentry as McMinn County Mayor, nominates Richard Brogan for appointment to the McMirm County 911 Board for a four year term, which will expire June 30, 2020.

NOW, T H E R E F O R E , B E IT R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN R E G U L A R SESSION ON THIS 17* D A Y OF OCTOBER 2016 that this commission does hereby confirm this appointment.

(Orig signed by John M. Gentry) McMinn County Mayor

Attest:

(Orig signed by Evonne Hayes) County Clerk

MOTION made by Commissioner McPhail, and seconded by Commissioner Holbrook, to approve this resolution.

Motion carried by voice vote.

B . A Resolution to Confirm the Appointment of Murray Willis to the McMinn Countv Industrial Development Bond Board.

Mr. Gentry presented Resolution #16-097.

RESOLUTION NO. 16-097

A RESOLUTION TO CONFIRM T H E APPOINTMENT OF M U R R A Y W I L L I S TO T H E McMINN COUNTY INDUSTRIAL DEVELOPMENT BOND BOARD

WHEREAS, McMinn County has an Industrial Development Bond Board to provide for the review of the issuance of industrial development bonds and notes subject to the appropriate rules and regulations as promulgated by the Tennessee Code; and

WHEREAS, state law grants authority to the County Mayor to appoint members to the McMinn County Industrial Development Bond Board upon confirmation by the county legislative body; and

WHEREAS, John M. Gentry as McMirm County Mayor, nominates Murray Willis to serve on the McMinn County Industrial Development Bond Board, for a four year term.

NOW, T H E R E F O R E , B E IT R E S O L V E D B Y T H E BOARD OF COMMISSIONERS OF McMINN COUNTY, TENNESSEE, MEETING IN R E G U L A R SESSION ON THIS 17* D A Y OF OCTOBER 2016, that this commission does hereby confirm the appointment of Murray Willis to the McMinn County Industrial Development Bond Board

(Orig signed by John M. Gentry) McMinn County Mayor

Attest:

(Orig signed by Evonne Hoback) County Clerk

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Page Number 109 McMinn County Commission Minutes - Regular Session October 17, 2016

Resolution No. 16-097 (con't)

MOTION made by Commissioner Simpson, and seconded by Commissioner Slack, to approve this resolution.

Motion carried by voice vote.

13. REPORTS FROM COMMITTEES, COUNTY OFFICIALS, COMMENTS FROM COMMISSIONERS

• Commissioner Curtis - Budget Committee tonight and sent two resolutions to the full commission.

14. COMMENTS FROM T H E COUNTY M A Y O R

• Mayor Gentry said that the airport is basically done except for the paving. Mr. Gentry said he got notification that they may get the taxi way paved with the funds left over.

• Mayor Gentry said there may be some concerns over the ambulance length of the level zero calls. Mr. Gentry wanted to know how many counties Jamie Nicholson was overseeing. Mr. Nicholson said he had 3 counties at this time. Mr. Gentry said this concerns him because that's a lot of territory for one person to oversee and would call him tomorrow to call on someone who they can voice his concerns too.

MOTION made by Commissioner McPhail, and seconded by Commissioner Millsaps, to approve these notary applications.

Motion carried by voice vote.

16. A N Y O T H E R BUSINESS T H A T M A Y L E G A L L Y COME B E F O R E T H E COMMISSION

15. APPROVAL OF N O T A R Y APPLICATIONS

The following notary applications were submitted to the County Clerk's Office:

Notaries to be elected October 17, 2016

ANDREW E B A T E M A N R U S S E L L J . B L A I R CHRISIAN FERNANDEZ BONNIE G R A V E S L E A N N HAMMONDS PANEL L . HICKS SHEILA M HOLDEN C A Y C I HOPE A P R I L D JENNINGS B R O O K E D. JOHNSON

ROBIN J O L L E Y B R A N D Y DENISE K I N G T A M M Y F A Y E L E E D E B R A A. LOFTIS ROSS A MILLSAPS

ALEJANDRO MORA JAMIE MOSES

K R I S T I R SWAFFORD S H E R R E L L A WILSON REGINA WOLD

None.

There being no other business, Chairman Crews declared the Commission meeting adjourned at 8:05 pm.

EVONNE H A Y E S McMinn County Clerk

Attest:

(con't)

Deputy (date)