Regular Agenda - Anderson County Government
Transcription
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: [email protected] 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: [email protected] 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: [email protected] 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: _______________