Regular Agenda - Anderson County Government

_____________________________________________________________
Anderson County Board of Commissioners
_____________________________________________________________
Regular Agenda
Monday, September 21, 2015 @ 6:30 p.m.
1.
Call to Order / Roll Call
2.
Prayer by Chaplain Darrell Cook / Pledge of Allegiance
3.
Appearance of Citizens
4.
Approval and Correction of Agendas
•
Consent Agenda
•
Regular Agenda
5.
Elections
•
Chairman / Vice Chairman
•
Nominating Committee Report by Chairman Alderson
6.
A. Director of Schools
•
Any questions from Commissioners
B. County Mayor
•
Status Update from Law Director concerning
1) Non Compliance with TCA regarding vehicles
2) Commissions authority to directly employ, supervise, etc.
•
Any questions from Commissioners
C. Law Director
•
Senior Center Lease
•
Pain Management Zoning Amendment
•
Any questions from Commissioners
D. Departments
a. Purchasing Agent – Report
E. Reports from Committees
a. Budget Committee Report by Budget Director Chris Phillips
b. Operations Committee Report by Acting Chairman Emert
7.
Old Business
8.
New Business
•
ACEMS Status Report requested by Commissioner Scott
9.
Adjourn
Respectfully Submitted,
Robert McKamey, Chairman
AxnrnsoN Couxry GovERNMENT
Trnny FnaNr
CouNry Meyon
September 16,2OL5
Dear Mary,
Under the Mayor's report I would like to request a status update from the Law Director on these
attached issues.
1.
2.
ln doing research over the last couple of months on travel, I came upon a 20L1 legal opinion by
the Law Director noting that Anderson County does not comply with TCA regarding
vehicles. The Law Director recommended addressing the issue, post haste. I have been unable
to locate any follow up on the matter, but perhaps may have missed it. I humbly request a
status update to put our collective minds at ease that we are in compliance with state law.
I had asked back in 2013 the Law Director to review Commission's authority to employ, that is,
the authority to directly employ, supervise, etc. I have never received any response. I am
requesting a status update to make sure we are in compliance with state law.
My best regards,
@
Men Srnrnr, Surrr 208 . ClrNroN, Tervurssee .37716
PuoNr: (865) 457-6200 . Erraen: rrreux@nNoERSoNrN.oRG
100 NonrH
AxornsoN CouNrv GovERTIMENT
TennY FneNr
CouNrv Mnvon
AprilS, 2013
Mr. Jerry Creasey
Chairman, Legislative Committee
Anderson County Commission
100 North Main Street, Suite 118
Clinton, TN 37716
Mr. Jay Yeager
Law Director
101 South Main Street, Suite 310
Clinton, TN 37716
Dear Chairman Creasey and Mr. Yeager,
I had verbally requested that you research state law regarding the ability of County Commission to
employ.
I believe it best that I put that request in writing.
Ms. Murphy performs her job very well, and I don't want any confusion regarding my request for legal
information.
My request is not about Ms. Murphy, or the services she provides for County Commission. lt is in no way
an effort to abolish her position or seek her removal. She has proved herself to be invaluable to the
operations of your body.
I am only seeking information regarding the ability of Commission to employ. As I stated at your
Legislative meeting, I believe to be compliant with state law, that position should be housed in the Clerk's
office or another similar office.
My beliefs however, may surely be incorrect; thus, my request. My legal question: What authority does
County Commission have to employ?
Thanking you in advance and my best regards,
Terry Frank
Anderson County Mayor
100 Nonru MerN Srnrpr, SurrE
PuoNe :
208. ClrNroN,
TcNNESScE
.37716
(865) 457-6200 . Evall: rrReNrc@aNoERSoNrN.oRG
orrrcr Or Tm CornrrY LAw DIRECToR
ANDERSOX
cOUXrv, Tnurrs snr
101 South Main Street, Suite 310
CLINTON, TENNESSM
377 16
TELEPHONE: (865) 4574290
N. JAYYEAGER
[:w Director
FACSIMILE: (865)
Email:
i
457-3775
vea gertOaclarvdirector.
APril 5, 2011
VIA INTERDEPARTMENTAL
DE
LTVERY
IvIr. Chris Phillips
Director of Accounts and Budget
Anderson CountY Government
100 North Main Street, Room 210
Clintorq TN 37716
RE:
County MaYor's ComPensation
Dear Chris:
have been requested to research and determine the proper lawfut compensation for the
Anderson County Mayor. As you recall, the Anderson County Commission voted in
february to reduce the County Mayor's salary from $100,106 to the state mandated
minimum of $83,407 for a county population class between 65,000 to 99,999- The
question presented is whether or not this established salary is lawful under Tennessee
I
law.
I
have researched this issue using Tennessee statutory law and Attorney General's
opinions and the subsequent r.sults of this research are embodied in the text of this
,
opinion letter.
Compensation for the various county officials of this state is controlled primarily by
Tennessee Code Annotated (TCA) $ 8-24-101 et seq. In generat the chapter sets
minimum salary amounts for Tennessee county officials as determined by fifteen (15)
population brackets.
8-24-lO2 (e) specifies the following statutory requirement as it
pertains to the County Mayor's compensation:
Additionally, TCA
g
The county mayor's compensation shall be at least five (5%) higher than the
salary paid to any other county constitutional office of the respective
counties. The minimum salary set out shall apply only to a county mayor
who devotes full time to the county mayor's office. The salary of a county
mayor who devotes less than full time to the county's mayor's office shall be
com
Page2 of 4
April 5,2011
Chris Phillips
determined by resolution ofthe county legislative body prior to the election
of such official. For purposes of this subsection (e) "county official" does
not include the judge ofthe general sessions court'
Furthermore, TCA $ 8-24-102 (g) requires that the sheriff and Highway Superintendent
receive at least ten percent (10%o) higher salary than the salary paid to other county
officials. The wording of that subsection states as follows:
The compensation for the sheriff and the chief administrative officer of the
county highway department shall be at least ten percent (10%) higher than
the salary paid-to the general offrcers of the county. The county legislative
body of each county may increase or decrease the compensation of the chief
administrative offiier of the county highway department so long as the
compensation is maintained at or above the minimum level established
herein.
Therefore, when reading these two zubsections together in pari materia,I would be ofthe
opinion that the Sheriff and Highway Superintendent should receive ten percent (107o)
more than the otier general offiCers ofthe county, (such as the trustee, county clerlg clerk
of courts, ass"rsor of property and register of deeds) and the Cotrnty Mayor should
receive at least five percent (5%) more compensation than the sheriff or Highway
Superintendent.
Currently, the Anderson County Sheriff rec,eives an annual salary, including moneta*ry
supplements of $80,035.98 and the Highway Superintendent receives $79,435.98. Other
Anderson County offrcials receive the minimum annual salary amount of $72,214. As
stated above, tle controlling law requires that the County Mayor receive at least five
percent (5%) higher than other county officials. The current County Mayor salary is s,et
StS,+dZ and thus, is not five percent (5%) higher than the Anderson County Sheriff s
"t
annual salary. At a minimum, the County Mayor's salary would need to be increased to
$84,037.78 to comply with TCA $ 8-24-102. Back pay would also be in order.
Under TCA $ 8-24-102 (i) the County Legislative Body has the authority to increase or
decrease compenriation levels of county officials provided that salaries are maintained at
or above the minimum levels provided by state law.
do have additional con@rns that the take home county vehicles provided to
both the Sheriff and Highway Superintendent may also constitute additional
compensation under the established law and would jusify increased compensation to the
County Mayor.
However,
I
The Tennessee Attorney General has opined in Opinion No. 09-60, dated April 20, 2009
that a car allowance is compensation and a county legislative body must comply with the
Page 3 of4
April 5, 2011
Chris Phillips
portion of the opinion
legal provisions listed above in TCA $ 8-24-102. The relevant
reads as follows:
for
(A)
(14)
services rendered to an employer, Tenn. Code Ann. s 8.34.101
compensation'
is
ioliows that the car allowance
(Supp. 2008), it necessarily-body
must comply with Tenn Code Ann $ 8-24legislative
itt"'., o
"o",iiy
(1) (Supp. 2008) when authorizing a car allowance'
102
payable to a mrcmber
Because the car allowance constitutes compensation
0)
GiventhestateofTennesseelawasexplainedabove,Iwouldnormallybeoftheopinion
,n"1t C"r"ty fra"yor's salary needs io be increased corlmensurate with the annualized
" take home county;wned vehicle, or the county needs to provide the. Mayor
value ofa
however, after researchilg the records and minutes maintained by
*lif, u
'crerh
"o"oty "ehicle;tt e county Legislative Body ha^s never requested the . General
tn co*ty
.
,tr.e.tty include Anderson County in the provisions of the statutory law on point, TCA
county owned vehicles for the Sheriff or
f S-iO-fil allowing for the use oi take home official.
The Attorney General has stated
ifighway Superinteident, or any other county
_
the Attorney Genelalls
iti otr,i. than the provisions established in TCA $ 8-26-113,provide
cars for the fullto
counties
om"" i, aware of no other legal authority permitting
as a
time use of salaried county o-fficials. "Absent the existence of other authority, such
private act, only those counties authorized under Tenn. code Ann. s 8-26-113 (2002)
lnuy p.ouid. cars for the full-time use of salalied coutrty officials." (see, Auorney
General Opinion No: 09-60)
Anderson County is not listed under TCA $ 8-26-113 and according to county records
prop-er
has not requested the General Assembly add the county to this law providing
i"gur urtt *lty for the Sheriff and Highway Superintendent to have full-time use of a
*'untu o*r.d vehicle. Thus, no current legal authority exists for these two officials, or
oih"t. county omcials td have assigned county owned vehicles available for their fulltime use.
-y
Providing the use of a county vehicle for the full-time use of the Sheriff and Highway
Superintindent is a long standing tradition in Anderson County and it stands to reason
that a take home vehiile is necessary to the prop€r fulfillment of their job duties.
However, the fact remains that Tennessee counties only have the power to act under the
legal authority ganted by the Constitution and/or the glant of statutory power bestowed
by the General Assembiy. ln this case, the Anderson County Commission has not
expressed its desire to be included in TCA $ 8-26-113 and thus, does not have tle legal
auihority to allow for the full-time use of county owned vehicles by county officials.
3
Page 4 of 4
April 5, 2011
Ckis Phillips
post
be my professional recommendation that this issue needs to be resolved
in TCA $ 8-26haste by ,"qu"iing the General Assembly to include Anderson County
countyt if, thus giving Aiderson County the legal authority to provide take home
other county
any
and
owned vJriclJ for the sheriff and Highway superintendent,
It would
offi cials the Comrnission authorizes.
If this request is passed by the General Assembly, then it stands to reason that the
ilayof s .ufr.y *lti need to be adjusted commensurate with the annualized value of the
troln" co.,nty owned vehicle, or in the alternative the Mayor should be assigned a
county owned vehicle.
i"ti
Please let me know
With kindest
ifl
can provide further clarification regarding this opinion letter.
regards, /
Z 4*/ /4*-r,---
*|,.*rr"K
---
cc:
Budget Committee
County Legislative Body
4
OFFICE OF THE COUNTY LAW DIRECTOR
ANDERSON COUNTY, TENNESSEE
101 South Main Street, Suite 310
CLINTON, TENNESSEE 37716
N. JAY YEAGER
Law Director
TELEPHONE: (865) 457-6290
FACSIMILE: (865) 457-3775
Email: jyeager@aclawdirector.com
MEMORANDUM
TO:
Ms. Mary Murphy
CC:
County Commission
FROM:
N. Jay Yeager
DATE:
September 16, 2015
RE:
Law Director’s Report –September 21, 2015 – County Commission Meeting
Please add the following items to the County Commission Agenda under the Law Director’s Report:
A. Contract Approvals:
1. Daniel Aldret Jr. – Transportation – Schools
2. Business Machine Company – Schools
3. Ola Jean McVay – Transportation – Schools
4. Business Systems Inc., DBA Shelf – Juvenile
5. Business Systems Inc., DBA Shelf – General Sessions II
6. Lynn English – Transportation – Schools
7. Teresa Hooks – Transportation – Schools
8. Malissa Taylor – Transportation – Schools
9. Grace Rehabilitation Center Inc. – Schools
10. Kelle Gibbs – Speech & Language Services – Schools
11. Shanda Diggs – Psychological Services – Schools
12. Andrea Elrod – Transportation – Schools
13. Carol Woodard – Transportation – Schools
14. Debra Simmons – Transportation – Schools
15. Crystal Ryan – Transportation – Schools
16. April Michelle Bowling – Transportation – Schools
17. David Brooks – Transportation – Schools
18. Dana Brown – Psychological Services – Schools
19. Comcast – Emory Valley Dental Clinic
20. Waste Connections – Refuse Collection – Amendment #1
21. East Tennessee Clean Fuels Coalition – MOU
22. Department of Treasury – Request to Transfer – Sheriff’s Dept.
23. Ridgeview Behavioral Health Services – Schools
24. University of Georgia – Schools
25. Josh McCoy – Surplus – Purchasing
26. Mark Szczygiel – Surplus – Purchasing
27. Humana New Case Document – AC Gov.
28. Computer System Plus, Inc. – Network Support
Page 2 of 2
Mary Murphy
September 16, 2015
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
Computer System Plus, Inc – Hardware
The Toolkit Group, LLC. – Revised – EMS
Morristown Auto. Sprinkler Co. – ACDF
U.S. Cellular – In-Building Wireless Repeaters
Robert Campbell & Assoc. – Consulting/Engineering – Edgemoor
PSI Probation – Electronic Monitoring Program – Alterative to Incarceration & Pre -Trial Release
Regional Forensic Center – Medical Examiner Services Agreement
East Tennessee Human Resource Agency, Inc. – ETHRA
Central Communications – Radio New Work – Highway Dept.
Regional Forensic Center – Medical Examiner Services Agreement – Revised
B. Lawsuit Updates
1) Carl Clifford Smith v. Anderson County. (County prevailed, no liability to County)
2) Vanderbilt v. AC, Rutherford and Williams. (new case)
3) Carton Services et al v. Anderson County – Scheduling date November 4, 2015.
C. Senior Center Lease (Needs Commission Approval)
D. Pain Management Zoning Amendment (Need Commission Approval)
DRAFT RESOLUTION
A RESOLUTION AMENDING THE “ZONING RESOLUTION OF ANDERSON COUNTY,
TENNESSEE” BY REVISING SECTION 030.010, TO INCLUDE PAIN MANAGEMENT
CLINICS AS A USE UPON REVIEW.
WHEREAS, the Anderson County Board of Commissioners, in accordance with Section 13-7-105 of
Tennessee Code Annotated, may from time to time amend the zoning resolution and associated maps;
and
WHEREAS, the Anderson County Regional Planning Commission and the Clinton Municipal/Regional
Planning Commission have reviewed and made recommendations regarding the proposed amendment of
the “Zoning Resolution of Anderson County, Tennessee”, in accordance with Section 13-7-105(a) of the
Tennessee Code Annotated; and
WHEREAS, Anderson County has recently become aware that a pattern of illegal drug use and
distribution in other areas has been associated with some of these types of clinics that dispense drugs;
and
WHEREAS, the threat of illegal narcotic activity and increased crime associated with such clinics is
significant and could have a detrimental effect on the health and welfare of local residents; and
WHEREAS, the Tennessee General Assembly has identical concerns as Anderson County regarding the
potential detriment of the health, safety and welfare of the general public with increased use and
frequency of prescription drugs for improper use, sale or distribution; and
WHEREAS, the Tennessee Department of Health has recently established rules and regulations
regarding Pain Management Clinics; and
WHEREAS, the Tennessee Department of Commerce and Insurance has established a program to
monitor the prescribing and dispensing of Schedule II, III, IV and V controlled substances; and
WHEREAS, the Anderson County Board of Commissioners declares a need to establish local controls
that will regulate Pain Management Clinics in order to promote the health and welfare of its citizens;
and
NOW, THEREFORE, BE IT RESOLVED by the Anderson County Board of Commissioners that the
Anderson County Zoning Resolution be amended as follows:
Article 5
DEFINITIONS.
PAIN MANAGEMENT CLINIC. A privately owned facility in which a medical doctor, an osteopathic
physician, an advanced practice nurse, and/or a physician assistant provides pain management services
to patients, a majority of whom are issued a prescription for, or are dispensed, opioids, benzodiazepine,
barbiturates, or carisoprodol, but not including suboxone, for more than ninety (90) days in a twelve (12)
month period.
NOW, THEREFORE, BE IT RESOLVED by the Anderson County Board of Commissioners that the
following section of the Anderson County Zoning Resolution be amended as follows:
Sec. 030-010 General Commercial (C-1) District.
B.
Uses Upon Review.
Commission:
The following uses may be permitted upon review by the Planning
1).
Methadone and Pain Management Clinics provided:
a.
Obtaining a Business License, a valid Certification by the State of Tennessee
Health Department, compliance with all applicable requirements of Anderson
County and continued compliance with the conditions set forth in the Special Use
Permit that is issued;
The clinic or facility shall be located on and have access to a street classified as a
Major Collector or Arterial, as shown on the Anderson County Major Road Plan;
Map(s) showing existing land use and zoning within one-quarter (1/4) mile of the
proposed site with an accompanying site plan.
Compliance with all applicable requirements of Section 63-1-301 through 63-1314 of the Tennessee Code Annotated;
The clinic or facility shall not be located within one thousand (1,000) feet of a
school, day care facility, park, church or hospital.
The maximum sign area does not exceed twenty (20) square feet in area and
meets all requirements of Division 65, Signs, Billboards and Other Advertising
Structures.
Off-Street Parking provided at one (1) space for each two hundred (200) square
feet of floor space.
The site shall not be less than One Thousand (1,000) feet from any other
methadone treatment or pain management clinic.
The clinic or facility shall not be located within One Thousand (1,000) feet of any
establishment that sells alcoholic beverages for either on-or-off-premises
consumption.
b.
c.
d.
e.
f.
g.
h.
i.
Section 3. This resolution shall become effective from and after its passage, the public welfare requiring it.
Approved by the Clinton Municipal/Regional Planning Commission: August 10, 2015
Approved by the Anderson County Regional Planning Commission: July 14, 2015
Public hearing held: ___________________, 2015
Resolution Number: ____ -________
Attest:
______________________________
County Clerk
Date: _______________