BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, NOVEMBER 01, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson, Plunk and Verschuur were present. City Attorney David Lakin was present.

Mayor Carmichael yielded the floor for any changes (additions/deletions) to the agenda. No objections.

There being no changes, Mayor Carmichael moved to accept the agenda as presented and allow the Chair to take items out of order as deemed necessary. No objections.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates. The recipients for the month of November were: Deborah Mueller, Joseph Burch, Pat Barrett, Russell Houston

Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to present the Crime Report for the month October. No objections.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, October 04, 2007, 6:30 p.m. (pgs. 01-07)
2. Approval of final reading of an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a privilege tax for selling beer, establishing prohibited conduct by permit holders and others engaged in selling beer, and establishing penalties for engaging in prohibited conduct. (Lakin) (pgs. 08-12)
3. Approval of final reading of an Ordinance to amend certain provisions of Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding decks and patios, providing an effective date. (Atkinson) (pgs. 13-17)
4. Approval of Development Contract for Lake Forest Planned Mixed Use Development. (Lakin) (pgs. 18-43)

5. Approval of a Contract for the 2007 Miscellaneous Street Repair. (Stuckert) (pgs. 44-52)
6. Approval of the release of Letter of Credit for Oakwood Subdivision, Phase IV. (Smith) (pg. 53)
7. Approval of recommendation from the Natural Resources Board to adopt an Environmental Awards Program as presented by the environmental Awards Committee. (Bridges) (pgs. 54-61)
8. Approval of BOC Meeting Schedule for 2008. (Wherry) (pgs. 62-74)
Vice-Mayor Hartz moved to approve the Consent Agenda and adopt on final reading an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a Privilege Tax for selling beer, establishing prohibited conduct by permit holders and others engaged in selling beer, and establishing penalties for engaging in prohibited conduct and to adopt on final reading an Ordinance to amend certain provisions of Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding decks and patios; providing an effective date, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

Public Discussion
Mr. Boyd Ruppelt, Mrs. Terri Smith-Anderson and Mr. Kenneth Potts appeared before the Board to express their interest in serving on Lakeland’s Boards & Commissions.

VI. TREASURER’S REPORT: (pgs. 75-82) Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 4-1(nay - Plunk).

VII. PUBLIC DISCUSSION:
¨ Opportunity for applicants applying for Boards and Commissions (Board of Appeals, Design Review Commission, Parks & Recreation/Natural Resources Board, Economic Development Commission) to appear before the Board of Commissioners and present their qualifications/interests in being appointed. (pgs. 83-97)

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on Change Order 10 for the Scotts Creek Wastewater Treatment Plant. (Smith) (pgs. 98-99)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution to approve funding through Change Order 10 for Scott’s Creek Wastewater Treatment Plant, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on entering into a contract with WaterPro to operate the Wastewater Treatment Plant. (Smith) (pgs. 100-105)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution approving contract with WaterPro to operate Wastewater Treatment Plant, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

3. Action on entering into a contract for the cleaning and inspection of sewer lines within Lakeland Estates. (Smith) (pgs. 106-119)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution approving contract with Mid-South Septic Services, LLC for the cleaning & inspecting of Collection System in Lakeland Estates Subdivision, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

4. Action on rejection of bids for the purchase of a Sewer Vac Truck. (Stuckert) (pgs. 120-121)
Commissioner Verschuur moved to recommend to the Board of Commissioners to reject bids for the Sewer Vac Truck, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on the release of Letter of Credit for Oakwood Subdivision, Phase II. (Smith) (pgs. 122-125)
Vice-Mayor Hartz moved to deny the request to release the Letter of Credit for Public Improvements for Oakwood Subdivision – Phase 2, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

2. Action on Lakeland Holiday Parade City Donation. (Wherry) (pgs. 126-127)
Vice-Mayor Hartz moved to approve a Resolution approving up to $3000 for reimbursement for approved expenses for the Lakeland Holiday Parade on Saturday, December 15, 2007, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

a. Action on approval of Sign Plan for 2007 Holiday Parade.
Vice-Mayor Hartz moved to approve a resolution entitled: A Resolution of the Lakeland Board of Commissioners approving a Sign Plan for the Lakeland Holiday Parade, seconded by Commissioner Plunk.(*)

Commissioner Plunk moved to amend the Resolution to approve the sixteen signs as submitted, seconded by Mayor Carmichael.



Amendment failed, roll call vote, 2-3.
Plunk aye
Hartz nay
Nicholson nay
Verschuur nay
Carmichael aye

(*)Motion carried, roll call vote, 3-2.
Hartz aye
Plunk nay
Nicholson aye
Verschuur aye
Carmichael nay

3. Action on ratifying the recommendation of the Board of Sewerage Commission to reject bids for the purchase of a Sewer Vac. Truck. (Stuckert) (pgs. 128-130)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution rejecting all bids for a Sewer Vacuum Truck, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

4. Action on possible purchase of a parcel of property immediately adjacent to the City Hall on the east, including appointment of a committee to review the appraisal and make a recommendation to the Board of Commissioners. (Wherry) (pgs. 131-132)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners authorizing a committee designated by the Board of Commissioners to investigate, review the possible purchase of the property immediately east of City Hall and prepare a recommendation to the Board of Commissioners, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Commissioner Verschuur nominated Vice-Mayor Hartz to serve as liaison of the Board of Commissioners to this Committee. With no objections, Vice-Mayor Hartz was appointed by consensus.

5. Action on possible investigation of the purchase of the Stonebridge Golf Course property, including appointment of a committee to investigate and make a recommendation to the Board of Commissioners. (Wherry) (pgs. 133-134)
Commissioner Plunk moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners authorizing a Committee designated by the Board of Commissioners to investigate possible purchase of Stonebridge Golf Course and prepare a recommendation to the Board of Commissioners, seconded by Commissioner Verschuur.
Motion carried, roll call vote 5-0.
Plunk aye
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

Commissioner Nicholson nominated Commissioner Plunk to serve as liaison of the Board of Commissioners to this Committee. With no objections, Commissioner Plunk was appointed by consensus.

6. Action on appointing a BOC liaison to the Code Re-write Committee. (Board)
Vice-Mayor Hartz nominated Commissioner Verschuur to serve as liaison of the Board of Commissioners to the Code Re-Write Committee. With no objections, Commissioner Verschuur was appointed by consensus.

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other items to take action on, Commissioner Verschuur moved to adjourn the meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

The meeting adjourned at 7:20 p.m., Thursday, November 01, 2007.

These minutes were approved Thursday, December 06, 2007.




Scott Carmichael, Mayor


ATTEST:




Sontidra Franklin, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, OCTOBER 04, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the meeting to order at 6:40 p.m.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Commissioners Hartz, Nicholson, Plunk and Verschuur were present. City Attorney, David Lakin was absent.

**ELECTION OF VICE-MAYOR**
Mayor Carmichael opened the floor for nominations of Vice-Mayor.

Commissioner Verschuur nominated Commissioner Mark Hartz for Vice-Mayor.

Commissioner Hartz nominated Commissioner Gerrit Verschuur for Vice-Mayor.

With no other nominations, Mayor Carmichael closed nominations.

Nomination for Mark Hartz as Vice-Mayor.
Nomination carried, roll call vote, 4-0-1.
Hartz aye
Nicholson aye
Plunk abstain
Verschuur aye
Carmichael aye

Mayor Carmichael opened the floor for any changes (additions/deletions) to the agenda.

With no additions/deletions to the agenda, Mayor Carmichael moved to adopt the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling Certificates”. Those receiving certificates were: Mark Mangone, Penny Shackelford, Edwin Keahey and David Barczak.

Vice-Mayor Hartz requested to remove items 2 & 3 from the Consent Agenda.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Special Meeting Minutes, August 27, 2007, 6:00 p.m. (pgs. 01-03)

b. Regular Meeting Minutes, September 06, 2007, 6:00 p.m. (pgs. 04-09)
2. Approval of Development Contract for Corner Shops of Canada Road. (Lakin) (please see insert)
3. Approval of Development Contract for Lake Forest Planned Mixed Use Development. (Lakin) (will be provided)
4. Approval of amendments to the Personnel Policy concerning Smoking Policy, Internet Usage and Military Leave. (Wherry) (pgs. 10-16)
Vice-Mayor Hartz moved to approve the Consent Agenda (Items 1 & 4), as amended. Motion carried, voice vote, all in favor.

OLD BUSINESS:
1. Action on MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 20-29)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Mayor Carmichael yielded the floor to Staff to address the Board regarding Equestria.

With no objections, Mayor Carmichael yielded the floor to David Carter, Memphis-Arlington Road to address the Board regarding his concerns with Equestria.

It was a consensus of the Board to allow Brent Webb of SRConsulting address the Board concerning Equestria PDP.

With no further discussion, Commissioner Verschuur moved to approve the Preliminary Development Plan Amendment for Equestria and to include “Option C” as submitted that does not require the right-of-way dedication, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on approval of Heron’s Ridge Sections C & D Preliminary Development Plan. (Atkinson)
Vice-Mayor Hartz moved to suspend the rules, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve the Preliminary Development Plan for Sections C & D of the Herons Ridge Planned Development, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

NEW BUSINESS:

3. Action on recommendation from the MPC for a Secondary Detailed Development Plan – Arcadia PRD, Phase 1. (Higbee) (pgs. 43-50)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, the Board yielded the floor to Staff to make a presentation on Arcadia.

After substantial discussion, Vice-Mayor Hartz moved to approve a Resolution to approve the Secondary Detailed Development Plan for Arcadia PRD, Phase 1, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

4. Action on Zoning Ordinance Amendments regarding decks and patios. (Atkinson) (pgs. 51-56)
Commissioner Verschuur moved to adopt on first reading an Ordinance to amend certain provisions of Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding decks and patios, providing an effective date, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Verschuur aye
Plunk aye
Hartz aye
Nicholson aye
Carmichael aye

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

2. Approval of Development Contract for Corner Shops of Canada Road. (Lakin) (please see insert)
Commissioner Plunk moved to approve the Development Contract for Corner Shops of Canada Road, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Plunk aye
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

3. Approval of Development Contract for Lake Forest Planned Mixed Use Development. (Lakin) (will be provided)
Vice-Mayor Hartz moved to postpone action definitely until the next work session (Oct. 22, 2007) at the applicant’s request, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

VI. TREASURER’S REPORT: (pgs. 17-18)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 4-0-1 (Plunk)

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Report on the request to increase the speed limit on Canada Road to 45 mph. (pg. 19)
Mayor Carmichael yielded the floor to City Manager Robert Wherry to abreast the Board on the Traffic Report as requested from the work session. No objections.

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:
1. Action on MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 20-29) ~Taken Out of Order~
2. Action on approval of Herons Ridge Sections C & D Preliminary Development Plan. (Atkinson) (pgs. 30-35) ~Taken Out of Order~

XI. NEW BUSINESS:

1. Action first reading of an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a privilege tax for selling beer, establishing prohibited conduct by permit holders and others
engaged in selling beer, and establishing penalties for engaging in prohibited conduct. (Lakin) (pgs. 36-41)
Commissioner Verschuur moved to adopt on first reading an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a privilege tax for selling beer, establishing prohibited conduct by permit holders and others engaged in selling beer, and establishing penalties for engaging in prohibited conduct, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on contract for 2007 Road Overlay/Maintenance Program. (Stuckert) (pg. 42)
Vice-Mayor Hartz moved to suspend the rules for discussion, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael moved to postpone action definitely until the next work session (Oct. 22, 2007), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

3. Action on recommendation from the MPC for a Secondary Detailed Development Plan – Arcadia PRD, Phase 1. (Higbee) (pgs. 43-50) ~Taken Out of Order~

4. Action on Zoning Ordinance Amendments regarding decks and patios. (Atkinson) (pgs. 51-56) ~Taken Out of Order~

5. Discussion on proposed amendment to Agreement with IH Managerial Club concerning the City of Lakeland use of the IH Clubhouse. (Wherry) (pgs. 57-58)
Commissioner Verschuur moved to approve a Resolution by the Lakeland Board of Commissioners approving a draft of an amendment to the Agreement between the I.H. Managerial Club and the City of Lakeland pertaining to the scheduling and use of the I.H. Club Building and authorizing the amendment to be submitted to the I.H. Managerial Club for approval, seconded by Vice-Mayor Hartz.

Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

6. Action on advertising vacancies for appointments to Boards and Commissions. (Board) (pgs. 59-60)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

After substantial discussion, Vice-Mayor Hartz moved to authorize the City Manager to advertise for the vacancies on the various Boards and Commissions stipulating that there will be an opportunity for them to interview by the time of the December Regular Meeting of the Board of Commissioners, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

7. Action on appointments of BOC liaisons to Boards and Commissions. (Board)
Vice-Mayor Hartz moved to appoint Commissioner Verschuur as liaison to the Design Review Commission filling the remainder term of Vice-Mayor Stephanie Anderson, seconded by Commissioner Nicholson. Motion carried, voice vote, 4-0-1 (Plunk)

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to discuss, Commissioner Nicholson moved to adjourn the meeting, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

The meeting adjourned at 8:13 p.m., Thursday, October 04, 2007.

These minutes were approved on Thursday, November 01, 2007.




Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, SEPTEMBER 06, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson and Plunk were present. City Attorney, David Lakin was present.

Mayor Carmichael opened the floor for any changes (additions/deletions) to the agenda.

Commissioner Plunk moved to amend the agenda to add New Business/Agenda Item 7: Approval of a Resolution by the Lakeland Board of Commissioners to reverse the decision to select the single point design for the Canada Road/I-40 Interchange and advise the Tennessee Department of Transportation that the City of Lakeland is selecting the enhanced diamond design, seconded by Vice-Mayor Anderson.
Motion failed, roll call vote, 2-3.
Plunk aye
Anderson aye
Hartz nay
Nicholson nay
Carmichael nay

There being no other amendments, Mayor Carmichael moved to approve the agenda as submitted and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to the public for “Public Discussion”.
Ken Glatzer • Herons Ridge • spoke in opposition to Herons Ridge Section C & D.
Marilyn Talbot • Woodland Fir • spoke in favor of the Single Point Urban Interchange.
Bahadir Demirorz • Herons Landing Ln. • spoke in opposition of Herons Ridge Section C & D.
Al Scrip • Woodland Pine Drive • spoke in favor of the Single Point Urban Interchange.
Bob Larkin • Mt. Gillespie • spoke in favor of the Single Point Urban Interchange.
Josh Roman • Old Brownsville Rd. • spoke in favor of the Single Point Urban Interchange.
Jo Ann Cohen • Woodland Crest • spoke in favor of the Single Point Urban Interchange.


Frances Lancaster • Memphis-Arlington • spoke in favor of the Single Point Interchange.
Nancy Hartz • Kingsridge Dr. • spoke in favor of the Single Point Urban Interchange.
Todd Siple • Herons Ridge Dr. • spoke in opposition of Herons Ridge Section C & D.
Charlotte Knight-Griffin • MLGW Rep. • spoke in reference to the MLGW Franchise Agreement.
Gerry Burditt • Plantation Woods Drive • spoke in favor of the Single Point Urban Interchange.

NEW BUSINESS:

4. Action approval of Herons Ridge Sections C & D Preliminary Development Plan. (Atkinson) (pgs. 55-60)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

With no objections, the Board yielded the floor to allow Staff to present Herons Ridge issues.

Mayor Carmichael yielded the floor to Will Griffin, Developer of Herons Ridge Sections C & D.

After a substantial amount of discussion, Vice-Mayor Anderson moved to postpone action definitely on approval of Herons Ridge, Section C & D until the September Work Session (09.24.07), seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

2. Action on MLGW Franchise Agreement. (Lakin)
Commissioner Hartz moved to postpone action indefinitely on the MLGW Franchise Agreement, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

SEWERAGE COMMISSION BUSINESS:

1. Action on the Chapel Park PD request for approval of Conceptual Sanitary Sewer Plan. (Smith) (pgs. 39-40 w/attachment)
Vice-Mayor Anderson moved to suspend the rules for discussion purposes, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Michael Ray of Davis Engineering.

After thorough discussion, Vice-Mayor Anderson moved to postpone action indefinitely on approval of Chapel Park Sanitary Sewer Plan, second by Commissioner Nicholson. Motion carried, voice vote, all in favor.

NEW BUSINESS:

3 Action on Resolution stating the intention of the Board of Commissioners to proceed on the EDC recommendation for establishing wi-fi (public wireless internet) “hot spots” and security surveillance at City Hall Park and Windward Slopes Park. (Wherry) (pgs. 53-54)
Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution approving requesting detailed proposals for developing wireless internet connections and security surveillance in City Hall Park, the City Hall area, Windward Slopes Park and the Fire Station #1 area in accordance with the proposal by the Lakeland Economic Development Commission and adding Zadie Kuehl Memorial Park to the project, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

5 Action on MPC recommendation for acceptance of Public Improvements for the Preserve. (Smith) (pgs. 61-66)
Mayor Carmichael moved to accept the Public Improvements for the Preserve Planned Development outlined in the packet, seconded by Commissioner Hartz, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

Note: Item 6 was removed from the Consent Agenda.

ITEMS REMOVED FROM THE CONSENT AGENDA:

6 Approval of MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 21-34)

Commissioner Hartz moved to suspend the rules for discussion, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Mr. David Carter to address his concerns regarding Equestria Planned Development.

With no further discussion, Commissioner Hartz moved to postpone action definitely on approval of Equestria Planned Residential Development until the next Work Session (09.24.07), seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, August 01, 2007, 6:30 p.m. (pgs. 01-05)
2. Approval of the 2007 Animal Housing Agreement with the City of Memphis. (Staff) (pgs. 6-8)
3. Approval of the release of Letter of Credit for Renaissance Group. (Bridges) (pgs. 9-17)
4. Approval of a Resolution on proposed State Mandate concerning timing of Local Elections. (Wherry) (pgs. 18-19)
5. Approval of changing October Regular Meeting back to its original date, October 04th. (Wherry) (pg. 20)
6. Approval of MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 21-34)
Vice-Mayor Anderson moved to approve the Consent Agenda as amended (removal of Item 6), seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 35-36)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Report on Retail Market Study. (Higbee) (pgs. 37-38)

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on the Chapel Park PD request for approval of Conceptual Sanitary Sewer Plan. (Smith) (pgs. 39-40 w/attachment)

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on first reading of an Ordinance concerning the Responsible Vendor Act of 2006. (Lakin) (pgs. 41-51)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

After a substantial amount of discussion, Commissioner Hartz moved to adopt on first reading an Ordinance establishing a Beer Board and regulating the sell of beer in the City of Lakeland, seconded by Vice-Mayor Anderson.
Motion carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on MLGW Franchise Agreement. (Lakin) ~Taken out of order~
3. Action on Resolution stating the intention of the Board of Commissioners to proceed on the EDC recommendation for establishing wi-fi (public wireless internet) “hot spots” and security surveillance at City Hall Park and Windward Slopes Park. (Wherry) (pgs. 53-54) ~Taken out of order~
4. Action approval of Herons Ridge Sections C & D Preliminary Development Plan. (Atkinson) (pgs. 55-60) ~Taken out of order~
5. Action on MPC recommendation for acceptance of Public Improvements for the Preserve. (Smith) (pgs. 61-66) ~Taken out of order~
6. Action on a Resolution approving a professional services contract and purchase order for Askew Hargraves Harcourt & Associates, inc. for design of Canada Road bicycle/pedestrian facilities and median landscape enhancements. (Bridges) (pgs. 67-73)

Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution authorizing the execution of a Professional Services Contract and approval of a purchase order with Askew Hargraves Harcourt & Associates, Inc. in the amount of $69, 300 for engineering and landscape plans for Canada Road between Highway 64 and Interstate 40, seconded by Commissioner Hartz.

Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to discuss, Vice-Mayor Anderson moved to adjourn the meeting, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

The meeting adjourned at 8:53 p.m., Thursday, September 06, 2007.

These minutes were approved Thursday, October 04, 2007.




Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder

SPECIAL CALLED MEETING FOR
MONDAY, AUGUST 27, 2007, 6:00 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


The City Manager requested the City Recorder to call a Special Called Meeting of the Board of Commissioners/Board of Sewerage Commission as the welfare of the City demands it.

The Character of Business to be discussed and possible action taken at such meeting shall be as follows:

¨ Discussion and/or possible action on the I-40/Canada Road Interchange including possible action on financing for an upgrade of the TDOT approved diamond design to a Single Point design.

¨ Discussion and/or possible action on alternatives of paying the Shelby County Ambulance Fee.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:00 p.m., Monday, August 27, 2007.

This written notice shall be posted and served personally at least twelve (12) hours prior to the Special Called Meeting to each Commissioner, the City Manager, Recorder and Attorney or left at such person’s usual place of residence in accordance to TCA § 6-20-208.


SPECIAL MEETING MINUTES

The Special Meeting was called to order at 6:05 p.m.

Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz and Nicholson were present. Commissioner Plunk was absent.

Commissioner Hartz moved to suspend the rules, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to James Collins of Kimley-Horn & Associates, Inc. to present the technical details of the proposed diamond interchange project.

As a consensus of the Board, Mayor Carmichael opened the floor for Public Discussion.

¨ Gerrit Verschuur • Yellow Cedar Cove – addressed the Board regarding his support of the Single Point Interchange.
¨ Josh Roman • Old Brownsville Road – addressed the Board regarding his support of the Single Point Interchange.

¨ Lew Cornett • Oak Point Circle – addressed the Board regarding his support of the Single Point Interchange.
¨ Connie Hess • Green Spruce Drive – addressed the Board regarding her support of the Single Point Interchange.

Commissioner Hartz moved that the Board of Commissioners approve the expenditure of $3 million plus increases as necessary to fund the Single Point Urban Interchange at Exit 20, Canada Road and I-40 exit, seconded by Vice-Mayor Anderson.

With no objections from the Board, Mayor Carmichael yielded the floor to John Dudas of Belz Enterprise Josh Roman to submit feedback from a business perspective and financial perspective.

Commissioner Hartz withdrew his original motion.

Mayor Carmichael moved to notify TDOT that the Lakeland Board of Commissioners understand the letter submitted regarding the “Diamond” Design alternative, and the Board would like to pursue the Single Point Urban Interchange with great haste, seconded by Commissioner Hartz.
Motion carried, roll call vote, 4-0.
Hartz aye
Anderson aye
Nicholson aye
Carmichael aye

Commissioner Hartz moved to approve a Resolution entitled: A Resolution stating the decision of the Lakeland Board of Commissioners to request Shelby County to include Lakeland’s share of the Ambulance Fee in the Fire Fee for Lakeland residents, seconded by Vice-Mayor Anderson.
Motion failed, roll call vote, 2-2.
Hartz aye
Anderson aye
Nicholson nay
Carmichael nay

No other business to take action on, Vice-Mayor Anderson moved to adjourn the meeting, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

These minutes were approved Thursday, October 04, 2007.




Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
WEDNESDAY, AUGUST 01, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the meeting to order at 6:33 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson, and Plunk were present. City Attorney David Lakin was present.

Mayor Carmichael opened the floor for any changes (additions/deletions) to the agenda.

Vice-Mayor Anderson requested to amend the agenda to add as New Business/Agenda Item 2: Action on changing the date for the October Regular Meeting and the September Work Session. No objections.

Vice-Mayor Anderson requested to remove Item 3 from the Consent Agenda. No objections.

There being no other changes to the agenda, Mayor Carmichael moved to accept the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

Mayor Carmichael presented a Proclamation to Mrs. Nancy Bryant for coordinating Lakeland’s 2007 National Day of Prayer.

Mayor Carmichael also presented the “Get Caught Recycling” Certificate to Mr. Timothy Van Horn.

OLD BUSINESS
1. Action of final reading of an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date. (Atkinson)
Vice-Mayor Anderson moved to adopt on final reading an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code, “Sign Regulations”; providing an effective date, seconded by Commissioner Hartz. (*)

With no objections, Mayor Carmichael opened the floor for Public Discussion.

Mark Lawrence • 9202 Salem Road • Addressed the Board concerning the Sign Ordinance amendments.


Point of Order: Vice-Mayor Anderson raised a point of order to state that Public Discussion is for the public to speak only. Chair sustained.

Point of Order: Vice-Mayor Anderson raised a point of order to state that the Board members are not to get personal during discussion. Chair sustained.

Lisa Naquin • 2935 Lakeland Hills • Addressed the Board concerning the Sign Ordinance amendments.

(*)Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

SEWERAGE COMMISSION BUSINESS:
1. Action on request for access to Public Sewer System for Corner Shops of Canada Road. (Smith)
Vice-Mayor Anderson moved to approve a Resolution approving Concept Sanitary Sewer Plan for the Corner Shops of Canada Road (Shelby County Tax Assessor Parcel Identification Number L0159 001789), seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Anderson aye
Plunk aye
Hartz aye
Nicholson aye
Carmichael aye

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Regular Meeting Minutes, July 05, 2007, 6:30 p.m. (pgs. 01-05)
2. Approval of final reading of an Ordinance of the City of Lakeland regulating the ownership and control of Vicious Dogs. (Anderson/Lakin) (pgs. 06-12)
3. Approval of final reading of an Ordinance to amend certain provisions regarding Political Signs in Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date. (Atkinson)(pgs. 13-16) **Removed from Consent Agenda**

4. Approval of changing the date for the October Town Hall Meeting to November 1st. (Wherry) (pg. 17)
Commissioner Hartz moved to approved the Consent Agenda and adopt final reading an Ordinance of the City of Lakeland regulating the ownership and control of Vicious Dogs. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
3. Approval of final reading of an Ordinance to amend certain provisions regarding Political Signs in Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date. (Atkinson)(pgs. 13-16)
Vice-Mayor Anderson moved to adopt on final reading an Ordinance to amend certain provisions regarding Political Signs in Title 14, Chapter 4 of the Municipal Code “Sign Ordinance”; providing an effective date, seconded by Commissioner Plunk.

Vice-Mayor Anderson moved to amend the Ordinance/Section 3 by changing the effective date from fifteen days to immediately, seconded by Commissioner Plunk.
Amendment carried, roll call vote, 3-0-2.
Anderson aye
Plunk aye
Hartz abstain
Nicholson abstain
Carmichael aye

Motion to adopt on final reading an Ordinance to amend certain provisions regarding “Political Signs” in Title 14, Chapter 4 of the Municipal Code “Sign Ordinance”; providing an effective date, as amended.
Motion carried, roll call vote, 3-0-2.
Anderson aye
Plunk aye
Hartz abstain
Nicholson abstain
Carmichael aye

VI. TREASURER’S REPORT: (pgs. 18-19)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:


VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on request for access to Public Sewer System for Corner Shops of Canada Road. (Smith) (Will be provided) ~Taken Out of Order~

2. Action on proposed Change Order 9 for construction of the Scott’s Creek Wastewater Treatment Plant. (Smith) (pg. 20)
Commissioner Hartz moved to approve a Resolution to approve funding through Change Order 9 for Scott’s Creek Wastewater Treatment Plant, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Plunk aye
Anderson aye
Nicholson aye
Carmichael aye

X. OLD BUSINESS:
1. Action of final reading of an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date. (Atkinson) (pgs. 21-24) ~Taken Out of Order~

XI. NEW BUSINESS:
1. Action on possible amendment to the I.H. Club/City of Lakeland Agreement concerning use of the I.H. Clubhouse. (Wherry/Lockhart) (pgs. 25-27)
Vice-Mayor Anderson moved to approve a Resolution expressing the desire to negotiate with the IH Managerial Club concerning the use of the IH Clubhouse, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Anderson aye
Plunk aye
Hartz aye
Nicholson aye
Carmichael aye

2. Action on changing the date for the October Regular Meeting and the September Work Session.
Vice-Mayor Anderson moved to change the September Work Session from September 24th to October 1st and the October


Regular Meeting from October 4th to October 11th, seconded by Commissioner Plunk. Motion carried, voice vote, 4-1 (Anderson).

XII. ANNOUNCEMENTS:

Congratulations to Eric Bridges, Natural Resources Director!!!

Eric Bridges has been invited to make a presentation in Baltimore, Maryland at the Arbor Day Foundation National Conference in November. Eric will also be making a presentation at the International Society of Arboriculture Southern Chapter Conference in Knoxville, Tennessee in March.

XIII. ADJOURNMENT: There being no other business to take action on, Commissioner Plunk moved to adjourn the meeting, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

The meeting adjourned at 7:33 p.m., Wednesday, August 01, 2007.

These minutes were approved Thursday, September 06, 2007.





Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JULY 05, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY CITY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson, and Plunk were present. City Attorney, David Lakin was present.

Commissioner Hartz moved to amend the agenda to add as New Business/Agenda Item 4: Action on releasing the Letter of Credit for Cool Springs Subdivision. No objections.

Vice-Mayor Anderson moved to remove Consent Agenda Item 2: Approval of MPC recommendations to approve the Preliminary Development Plan for Meadows of Lakeland with conditions.

There being no objections, Mayor Carmichael moved to adopt the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

Mayor Carmichael opened the floor for the public to address the Board concerning items for approval on the agenda.

Frank Hammond • 10184 Hampton Drive • Addressed concerns regarding Evergreen Planned Development.

Roger Luttrell • 10227 Old Brownsville Road • Addressed concerns regarding Evergreen Planned Development.

Jeff Moder • 5228 Toni Rose • Addressed concerns regarding Evergreen Planned Development.

With no objections, Mayor Carmichael yielded the floor to Lt. Miller/Lt. Maccarino of the Shelby County Sheriff’s Department to give the Crime Report for the month of June 2007.

Mayor Carmichael presented “Get Caught Recycling” Certificates to Mr. Carl Sohns and Mr. Timothy Ziegler. No objections.

OLD BUSINESS
1. Action on Evergreen Planned Development. (Atkinson)
Vice-Mayor Anderson moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

With no objections, the floor was yielded to Staff and Cory Brady, SR Consulting to make a presentation regarding Evergreen Planned Development.

Commissioner Hartz moved to approve a Preliminary Development Plan for Evergreen Planned Development, seconded by Commissioner Plunk. (*)



With no objections, Commissioner Hartz amended the Resolution to include a fourth condition requiring the Developer to grade a portion of the parkland according to the specifications of the City Engineer, seconded by Vice-Mayor Anderson.
Amendment carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

(*) Motion to approve a Preliminary Development Plan for Evergreen Planned Development, as amended.
Motion carried, roll call vote, 5-0.
Hartz aye
Plunk aye
Nicholson aye
Plunk aye
Carmichael aye

NEW BUSINESS
4. Action on the release of Letter of Credit for Cool Springs Subdivision.
Commissioner Hartz moved approve the release the Letter of Credit for Cool Springs Subdivision, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Special Meeting Minutes, May 29, 2007, 4:30 p.m. (pgs. 01-03)
b. Regular Meeting Minutes, June 14, 2007, 6:30 p.m. (pgs. 04-07)
2. Approval of MPC recommendation to approve the Preliminary Development Plan for Meadows of Lakeland with conditions. (Higbee) (pgs. 08-21)
3. Approval on entering into an Agreement with the Lakeland Chamber of Commerce. (Staff) (pgs. 22-24)

Vice-Mayor Anderson moved to approve the Consent Agenda, as amended, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.


V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
2. Approval of MPC recommendation to approve the Preliminary Development Plan for Meadows of Lakeland with conditions.
Commissioner Hartz moved to approve a Resolution entitled: A Resolution to approve a Preliminary Development Plan for the Meadows of Lakeland, seconded by Commissioner Plunk.

Motion carried, roll call vote, 5-0
Hartz aye
Plunk aye
Anderson aye
Nicholson aye
Carmichael aye

VI. TREASURER’S REPORT: (pgs. 25-26)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Update on Fletcher Trace. (Smith)
Interim City Engineer, David Smith reported the status of final phase on Fletcher Trace Parkway Construction

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on Kensington Green’s request for access to the City of Lakeland Sanitary Sewer System. (Smith) (pgs. 27-30)
Commissioner Hartz moved to deny the conceptual sanitary sewer plan for Kensington Green Planned Residential Development, seconded by Vice-Mayor Anderson.
Motion carried, roll call vote, 4-0-1.
Hartz aye
Anderson aye
Nicholson aye
Plunk abstain
Carmichael aye

X. OLD BUSINESS:
1. Action on Evergreen Planned Development. (Atkinson) (pgs. 31-38) (Taken out of order)

2. Action on First Reading for Vicious Dog Ordinance. (Lakin) (pg. 39)
Vice-Mayor Anderson moved to adopt on first reading an Ordinance of the City of Lakeland regulating the ownership and control of vicious dogs, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye




XI. NEW BUSINESS:
1. Action on Resolution to accept the Public Improvements for Veranda Woods Subdivision as recommended by the MPC. (Smith) (pgs. 40-41)
Commissioner Hartz moved to approve the acceptance of public improvements to Veranda Woods Subdivision as recommended by the MPC and Staff, seconded by Vice-Mayor Anderson.
Motion carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on an Ordinance repealing the $500 deposit for political signs. (Lakin) (pgs. 42-45)
Vice-Mayor Anderson moved to adopt on first reading an Ordinance to amend certain provisions regarding political signs in Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date, seconded by Commissioner Plunk.
Motion carried, roll call vote, 3-0-2.
Anderson aye
Plunk aye
Hartz abstain
Nicholson abstain
Carmichael aye

3. Action regarding Amendments to the Lakeland Sign Ordinance. (Atkinson) (pgs. 46-50)
Vice-Mayor Anderson moved to adopt on first reading of an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code, “Sign Regulations” providing an effective date, seconded by Mayor Carmichael.

Amendment
Commissioner Nicholson moved to amend the Ordinance to remove the section regarding window signs, seconded by Commissioner Hartz.

Motion carried, roll call vote, 3-2.
Nicholson aye
Hartz aye
Anderson aye
Plunk nay
Carmichael nay

Motion to adopt on first reading of an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code “Sign Regulations” providing an effective date, as amended.



Motion carried, roll call vote, 4-1.
Anderson aye
Hartz nay
Nicholson aye
Plunk aye
Carmichael aye

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to take action on Vice-Mayor Anderson moved to adjourn the meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

The meeting adjourned at 8:35 p.m., Thursday, July 05, 2007.

These minutes were approved Wednesday, August 01, 2007.



Scott Carmichael, Mayor


ATTEST:




Sontidra Franklin, City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JUNE 14, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the meeting to order at 6:33 p.m. Invocation was given by Commissioner Mark Hartz and pledge was lead by Mayor Carmichael.

II. ROLL CALL BY CITY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson and Plunk were present. City Attorney, David Lakin was absent.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Award to Mr. & Mrs. James Manley.

Mayor Carmichael yielded the floor for any changes (additions/deletions) to the agenda.

Vice-Mayor Anderson moved to amend the agenda to add as New Business/Agenda Item 3: Action on request to place directional signs for St. Jude Dream House.

Mayor Carmichael moved to accept the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Special Meeting Minutes, April 25, 2007, 4:30 p.m. (pgs. 01-02)
b. Regular Meeting Minutes, May 03, 2007, 6:30 p.m. (pgs. 03-08)
2. Approval of a Resolution adopting the Personnel Pay Plan for the Fiscal Year beginning July 01, 2007 and authorizing a designated compensation adjustment for the City Manager and the City Attorney. (Wherry) (pgs. 09-12)
3. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee adopting a budget for fiscal year July 01, 2007 through June 30, 2008. (Wherry) (pgs. 13-22)
4. Approval of final reading of an Ordinance repealing Ordinances 04-65 and 06-89 in their entirety and substituting a revised Comprehensive Fee Schedule and providing an effective date. (Wherry) (pgs. 23-33)
5. Approval of proposal for a Lakeland Area Transportation Study. (Collins) (pgs. 34-47)
6. Approval of a request to extend the Lake Forest ARAP approval period. (Wherry) (pg. 48)
Vice-Mayor Anderson moved to approve the Consent Agenda and adopt on final reading an Ordinance of the City of Lakeland adopting a budget for fiscal year July 01, 2007 through June 30, 2007 (Revenue General Fund: $6,739,880 and Expenditures General Fund: $6,739,880) and adopt on final reading an Ordinance repealing Ordinance 04-65 and 06-89 in their entirety and substituting a revised Comprehensive Fee Schedule and providing an effective date, seconded Commissioner Nicholson. Motion carried, voice vote, all in favor.


BOARD OF SEWERAGE COMMISSION:
1. Action on requests for access to the City of Lakeland sanitary sewer system. (Smith)
a. May Investments (pgs. 53-55)
Commissioner Hartz moved to approve Resolution approving Concept Sanitary Sewer Plan for May Investment, LLC (Shelby County Tax Assessor Parcel Identification Number: L0150 00338, L0150 00354 and L0150 00355), seconded by Commissioner Plunk.

The Resolution was amended to include: All flow shall be gravity flow only. No objections.

Motion carried as amended, roll call vote, 5-0.
Hartz aye
Plunk aye
Anderson aye
Nicholson aye
Carmichael aye

b. Kensington Green
Vice-Mayor Anderson moved to suspend the rules, seconded by Nicholson/Hartz. Motion carried, voice vote, all in favor.

After a extensive discussion, Vice-Mayor Anderson moved to postpone action definitely until the next meeting, seconded by Commissioner Hartz. Motion carried, voice vote, 4-1 (Plunk).

There being no objections, Mayor Carmichael yielded the floor for presentation of a proclamation saluting Dave Brown for his 30 years of service to WMC-Channel 5.

NEW BUSINESS:
2. Action on the release of Letter of Credit for Evergreen Hills/Phase 1. (Smith) (pgs. 64-67)
Vice-Mayor Anderson moved to release the Letter of Credit for Evergreen Hills/Phase 1, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Vice-Mayor Anderson moved to amend the agenda to add New Business/Agenda Item #4: Action on Ambulance Service Agreement, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.



Commissioner Hartz moved for a five (5) minutes recess, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

The meeting recessed at 7:05 p.m., Thursday, June 14, 2007.
The meeting reconvened at 7:13 p.m., Thursday, June 14, 2007.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 49-52)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Update on maintenance building at the Wastewater Treatment Plant. (Smith)

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on requests for access to the City of Lakeland sanitary sewer system. (Smith) ~Taken Out of Order~
a. May Investments (pgs. 53-55)
b. Kensington Green (pgs. 56-58)

2. Action on contract to develop specifications and solicit bids for Phase I of the Sewer Line Rehabilitation Project #1. (Smith) (pgs. 59-62)
Vice-Mayor Anderson moved to approve contract to develop specifications and solicit bids for Phase I of the Sewer Line Rehabilitation Project #1, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on Fleet Management Program (Enterprise). (Wherry) (pg. 63)
Vice-Mayor Anderson moved to postpone action definitely until the July work session (July 23, 2007), seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

2. Action on the release of Letter of Credit for Evergreen Hills/Phase 1. (Smith) (pgs. 64-67) ~Taken Out of Order~

3. Action on the approval for the request for directional signs for St. Jude Dream House.
Commissioner Hartz moved to approve a one time variance to the Sign Ordinance which shall benefit St. Jude Children’s Research Hospital for as a time period beginning with the passage of this motion until noon, June 18, 2007. The variance shall include the placement of six (6) signs

directing the general public from Highway 64 and Exit 20 north of Canada Road to Highway 70, east of Evergreen to Evergreen Hills with signs as needed to the Dream Home. The signs shall be placed upon public right-of-ways, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

4. Action on Ambulance Service Agreement.
Vice-Mayor Anderson moved to approve the 2007/2008 Intergovernmental Agreement for Ambulance Service, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Anderson aye
Plunk aye
Hartz aye
Nicholson aye
Carmichael aye

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT:
There being no other business to discuss, Commissioner Nicholson moved to adjourn the meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

The meeting adjourned at 7:33 p.m., Thursday, June 14, 2007.

These minutes were approved Thursday, July 05, 2007.



Scott Carmichael, Mayor

ATTEST:



Sontidra Franklin, City Recorder

SPECIAL CALLED MEETING FOR
TUESDAY, MAY 29, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


The City Manager requested the City Recorder to call a Special Meeting of the Board of Commissioners/Board of Sewerage Commission as the welfare of the City demands it.

The Character of Business to be discussed and possible action taken at such meeting shall be as follows:

¯ Discuss and/or take action on approval of contract for I.H. Clubhouse air conditioning and electrical upgrades.

¯ Discuss and/or take action on Sewer Enterprise Fund Financial Plan.

¯ Discuss and/or take action on an Ordinance to amend Ordinance 04-65 and 06-89 of the Comprehensive Fee Schedule which is incorporated in the Lakeland City Code; by repealing the current Ordinances in their entirety and providing and effective date.

¯ Discuss and/or take action on Resolution to approve FY 2007/2008 Personnel Pay Plan, including salaries of personnel appointed by the Board of Commissioners

¯ Discuss and/or take action on an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2007 through June 30, 2008.

¯ Discuss and/or take action on any other business pertaining to the above listed items.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:30 p.m., Tuesday, May 29, 2007.

This written notice shall be posted and served personally at least twelve (12) hours prior to the Special Called Meeting to each Commissioner, the City Manager, Recorder and Attorney or left at such person’s usual place of residence in accordance to TCA § 6-20-208.


SPECIAL MEETING MINUTES

With a quorum present, the Special Meeting was called to order at 6:30 p.m.

Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson and Plunk were present.

Commissioner Hartz moved to approve a Contract for Descon, Inc. for a cost not to exceed $70,340. for I.H. Clubhouse air conditioning and electrical upgrades, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Plunk aye
Anderson aye
Nicholson aye
Carmichael aye

Vice-Mayor Anderson moved to suspend the rules to discuss the Sewer Enterprise Fund Financial Plan, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

After extensive discussion, Commissioner Hartz moved to approve a Resolution adopting Fiscal Year 2007/2008 Sewer Enterprise Fund Financial Plan, seconded by Vice-Mayor Anderson. Motion carried, roll call vote, 5-0.

Vice-Mayor Anderson moved to suspend the rules to discuss an Ordinance to amend Ordinance 04-65 and 06-89 of the Comprehensive Fee Schedule which is incorporated in the Lakeland City Code; by repealing the current Ordinances in their entirety and providing an effective date, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

After extensive discussion, Commissioner Hartz moved to postpone action definitely until the next Regular Meeting of the Board of Commissioners, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice-Mayor Anderson moved to suspend the rules to discuss a Resolution to approve FY 2007/2008 Personnel Pay Plan, including salaries of personnel appointed by the Board of Commissioners, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

Mayor Carmichael moved to postpone action definitely until the next Regular Meeting of the Board of Commissioners, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Mayor Carmichael moved to suspend the rules to discuss an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2007 through June 30, 2007, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

After extensive discussion, Mayor Carmichael moved to postpone action definitely until the next Regular Meeting of the Board of Commissioners, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

There being no other business to discuss, Vice-Mayor Anderson moved to adjourn the meeting, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

The meeting adjourned at 8:15 p.m., Tuesday, May 29, 2007.

These minutes were approved on Thursday, July 05, 2007.




Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, MAY 03, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz and Nicholson were present. City Attorney, David Lakin was present. Commissioner Plunk was absent.

Mayor Carmichael yielded the floor for any changes (additions/deletions) to the agenda.

There being no changes, Mayor Carmichael moved to accept the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Special Meeting Minutes, March 26, 2007, 6:30 p.m. (pgs. 01-02)
b. Regular Meeting Minutes, April 05, 2007, 6:30 p.m. (pgs. 03-07)
2. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee adopting a budget for fiscal year July 01, 2007 through June 30, 2008. (Wherry/Hughes) (pgs. 08-09)
3. Approval of first reading of an Ordinance to amend Ordinance 04-65 and 06-89 of the Comprehensive Fee Schedule which is incorporated in the Lakeland City Code; by repealing the current Ordinances in their entirety and providing an effective date. (Wherry/Hughes) (pgs. 10-20)
4. Approval of auditor contract for fiscal year ending June 30, 2007. (Wherry) (pgs. 21-30)
5. Approval of Civic Club proposal for concessions for recreational programs. (Lockhart)
6. Approval of bids on Windward Slopes Park project. (Lockhart) (pgs. 31-32)
7. Approval of Resolution stating that, in the Lakeland Municipal Election, the two candidates with the highest number of votes will be elected to four year terms and the candidate with the third highest number of votes will be elected to a two year term. (Wherry) (pg. 33)

Agenda Items 6 & 7 were removed from the Consent Agenda. No objections.


Commissioner Hartz moved to approve the Consent Agenda as amended and adopt on first reading an Ordinance of the City of Lakeland, Tennessee adopting a budget for fiscal year July 01, 2007 through June 30, 2008 and adopt on first reading an Ordinance to amend Ordinance 04-65 and 06-89 of the Comprehensive Fee Schedule which is incorporated in the Lakeland City Code; by repealing the current Ordinances in their entirety and providing an effective date, seconded by Vice Mayor Anderson. Motion carried, voice vote, all in favor.

š Mayor Carmichael moved to Sewerage Commission Business ›

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 34-35)

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Update on Fletcher Trace Parkway. (Smith)
¨ Update on plans and bid schedule for Beverle Rivera Drive extension. (Smith)
¨ Report on 30th Anniversary of the City of Lakeland Event. (Lockhart)
¨ Report on MLGW Water Franchise Contract. (Lakin)

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on requests for access to the City of Lakeland sanitary sewer system. (Smith)
a. Kensington Manor
Vice-Mayor Anderson moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to approve a Resolution entitled: A Resolution approving Concept Sanitary Sewer Plan for the Kensington Manor Planned Residential Development and adjacent parcel (Shelby County Tax Assessor Parcel Identification Number: L0151 00468, as amended, seconded by Vice-Mayor Anderson.
Motion carried, roll call vote, 3-1.
Hartz aye
Anderson aye
Nicholson aye
Carmichael nay


Mayor Carmichael yielded the floor to Lt. Warren Horton to present the Crime Report for the month of April. No objections.

b. May Investments
Commissioner Hartz moved to approve a Resolution entitled: A Resolution approving concept sanitary sewer plan for May Investment, LLC (Shelby County Tax Assessor Parcel Identification Number: L0150 00355, 00354, and L0151 00001), seconded by Randy Nicholson. (*)

Vice-Mayor Anderson moved to postpone action on this item until the next work session. (Vice-Mayor Anderson withdrew her motion) No objections.

(*)Motion failed, roll call vote, 1-3.
Hartz aye
Nicholson nay
Anderson nay
Carmichael nay

With no objections, Mayor Carmichael presented certificates to the residents for participating in the “Get Caught Recycling Program”.

c. Evergreen Planned Development
Commissioner Hartz moved to approve a Resolution entitled: A Resolution approving concept sanitary sewer plan for the Evergreen Planned Residential Development (Shelby County Tax Assessor Parcel Identification Number: L0140 00071), seconded by Commissioner Nicholson
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Anderson aye
Carmichael aye

d. Equestria Planned Development
Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution approving concept sanitary sewer plan for the Equestria Planned Residential Development (Shelby County Tax Assessor Parcel Identification Number: L0151 00154, 00155, 00121, 00111), seconded by Commissioner Hartz.
Motion carried, roll call vote, 4-0.
Anderson aye
Hartz aye
Nicholson aye
Carmichael aye

CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA

6. Approval of bids on Windward Slopes Park project. (Lockhart) (pgs. 31-32)
Vice-Mayor Anderson moved to suspend the rules for discussion, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice-Mayor Anderson moved to accept the bid submitted by P.C. Mock Construction, base bid of $431,200; Alt. 2 - $12,400; Alt. 3 - $36,400, not to exceed $480,000 for construction cost for Windward Slopes Park, Phase 2, seconded by Commissioner Hartz.
Motion carried, roll call vote, 4-0.
Anderson aye
Hartz aye
Nicholson aye
Carmichael aye

7. Approval of Resolution stating that, in the Lakeland Municipal Election, the two candidates with the highest number of votes will be elected to four year terms and the candidate with the third highest number of votes will be elected to a two year term. (Wherry)
Commissioner Hartz moved to approve a Resolution entitled: A Resolution stating the procedure for deciding who shall be elected to the Board of Commissioners in the September 20, 2007 Lakeland Municipal Election and as provided in the Lakeland City Charter, seconded by Commissioner Anderson.
Motion carried, roll call vote, 4-0.
Hartz aye
Anderson aye
Nicholson aye
Carmichael aye

TREASURER’S REPORT

Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

REPORTS

Fletcher Trace Parkway – David Smith reported on the status of Fletcher Trace Parkway. There are minor issues that are being resolved over time, however there are a couple of issues (ghost lines and spilled paint) still needing to be discussed and resolved.



Beverle Rivera Drive – David Smith reported that the landowners requested a map showing the proposed road and how it fits with their land. Mr. Smith will be sending them the information for their review. Once reviewed by the landowners the next step is to execute the easements, then start the bidding process to build the road.

30th Anniversary Celebration – Brenda Lockhart reported on the status of the plans for the 30th Anniversary Celebration at City Hall Park. Ms. Lockhart also solicited volunteers for the event.

MLGW Franchise Contract – City Attorney, David Lakin reported on meetings held with MLGW. Due to recent changes, Mr. Lakin recommended holding off on engaging any business at this time.

SEWERAGE COMMISSION BUSINESS:

2. Action on proposed change order 8 for construction of the Scott’s Creek Wastewater Treatment Plant. (Smith)
Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution to approve funding through Change Order 8 for Scott’s Creek Wastewater Treatment Plant, seconded by Commissioner Hartz.
Motion carried, roll call vote, 4-0.
Anderson aye
Hartz aye
Nicholson aye
Carmichael aye

3. Action on the purchase of sewer line “jetter”. (Wherry) (pgs. 36-37)
Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution approving soliciting of bids for purchase of a sewer line cleaning machine (jetter), seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on approval of bid for central air conditioning for I.H. Clubhouse. (Wherry) (pgs. 38-44)
Commissioner Hartz moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to postpone action definitely until the next called meeting, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:
¨ Citywide Garage Sale – Saturday, May 05th

¨ BOC Special Meeting – Tuesday, May 22, 2007, 5:30 p.m.

XIII. ADJOURNMENT: There being no other business to discussed, Vice-Mayor Anderson moved to adjourn the meeting, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

The meeting adjourned at 8:10 p.m., Thursday, May 03, 2007.

These minutes were approved Thursday, June 14, 2007.




Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder

SPECIAL CALLED MEETING FOR
WEDNESDAY, APRIL 25, 2007, 4:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


The City Manager requested the City Recorder to call a Special Meeting of the Board of Commissioners as the welfare of the City demands it.

The Character of Business to be discussed and possible action taken at such meeting shall be as follows:

¨ Discussion and/or possible action on contract with WaterPro.

This Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 4:30 p.m., Wednesday, April 25, 2007.

This written notice shall be posted and served personally at least twelve hours prior to the Special Called Meeting to each Commissioner, the City Manager, Recorder and Attorney or left at such person’s place of residence in accordance to TCA § 6-20-208.



SPECIAL MEETING MINUTES

With a quorum present, the Special Meeting was called to order at 6:40p.m.

Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson and Plunk (electronically) were present.

Vice-Mayor Anderson moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Mayor Carmichael yielded the floor to David Smith to update the Commission on the item at hand.

Following extensive discussion, Commissioner Hartz moved to approve the replacement of equipment necessary to monitor nineteen lift stations and monitoring service by WaterPro at a rate of $2,960.67 for each of the nineteen lift stations per Estimate No. 301 by WaterPro dated April 17, 2007, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Anderson aye
Plunk aye
Carmichael aye

Vice-Mayor Anderson moved to approve reduction in the City’s Contract with WaterPro reducing the cost of the control, video and monitoring system from $91,217.07 to $86,163.58, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.


With no other business to discuss, Commissioner Nicholson moved to adjourn the meeting, seconded by Commissioner Hartz/Plunk. Motion carried, voice vote, all in favor.

The meeting adjourned at 5:10 p.m., Wednesday, April 25, 2007.

These minutes were approved Thursday, June 14, 2007.





Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, APRIL 05, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation was given by Commissioner Mark Hartz and pledge was give by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson, and Plunk were present. City Attorney, David Lakin was present.

Mayor Carmichael yielded the floor for any changes (additions/deletions) to the agenda.

As a consensus of the Board, New Business/Agenda Item #1: Action on contract extension for The Preserve was removed from the agenda. New Business/Agenda Item #2: Action on the 2007 Grass Mowing Contract & New Business/Agenda Item #3: Review and discussion on Fletcher Trace punch list were added. There being no other changes, Mayor Carmichael moved to adopt the agenda as amended and allow the Chair to take items out of order as he deems necessary, seconded by Commissioner Anderson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Special (Retreat) Meeting Minutes, March 05, 2007, 5:30 p.m. (pgs. 01-05)
b. Regular Meeting Minutes, March 08, 2007, 6:30 p.m. (pgs. 06-12)
2. Approval of Lake Forest Phase 1 – Secondary Detailed Development Plan. (Higbee) (pgs. 13-14)
3. Approval of Retirement Health Savings Plan. (Wherry) (pgs. 15-44)
4. Approval of final reading of an Ordinance amending the Zoning Ordinance, Article III, Section 5.N – Open Space. (Higbee) (pgs. 45-54)
5. Approval of Winstead Farms Preliminary Development Plan Amendment. (Staff) (pgs. 55-57)
6. Approval of Personnel Policy revision. (Wherry) (pg. 58)
7. Approval of contract extension for Bentbrooke Hills, Phase 3. (Staff) (pgs. 59-62)
8. Approval of contract extension for Herons Ridge, Section B. (Staff) (pgs. 63-66)
Commissioner Hartz requested to remove Agenda Item #2 from the Consent Agenda. No objections.
Commissioner Hartz moved to approve the Consent Agenda as amended and adopt on final reading an Ordinance amending the Zoning Ordinance, Article III, Section 5.N – Open Space, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

SEWERAGE COMMISSION BUSINESS:
1. Action on Preliminary Sewer Plans – Herons Ridge Planned Development (Sections C & D). (D. Smith)
Commissioner Hartz moved to approve a Resolution entitled: A Resolution amending Resolution 2006/09-54 “Concept Sanitary Sewer Plan for herons Ridge Subdivision, Section C and Section D (Shelby County Tax Assessor Parcel Identification Number L0151 00195, L0159 00468 and L0159 00470)” to increase the number of lots in Section C from 72 to 83 and to decrease the number of lots in Section D from 45 to 41, seconded by Vice-Mayor Anderson.

Mayor Carmichael moved to amend the Resolution to add Condition #6: Resolution 2006/09-54 is hereby repealed and rescinded, seconded by Vice-Mayor Anderson. Amendment carried, voice vote, all in favor.

Motion to approve a Resolution entitled: A Resolution amending Resolution 2006/09-54 “Concept Sanitary Sewer Plan for herons Ridge Subdivision, Section C and Section D (Shelby County Tax Assessor Parcel Identification Number L0151 00195, L0159 00468 and L0159 00470)” to increase the number of lots in Section C from 72 to 83 and to decrease the number of lots in Section D from 45 to 41, as amended.
Motion carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on proposed sewer connections for “The Meadows of Lakeland”.
Commissioner Hartz moved to approve a Resolution entitled: A Resolution approving Concept Sanitary Sewer Plan for the Meadows of Lakeland (Shelby County Tax Assessor Parcel Identification Number L0 140 00180), seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 67-68)

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Lakeland Heights Subdivision street paving. (D. Smith) (insert)

IX. SEWERAGE COMMISSIONER BUSINESS:
1. Action on Preliminary Sewer Plans – Herons Ridge Planned Development (Sections C & D). (D. Smith) (pgs. 69-71) ~Taken out of order~
2. Action on proposed sewer connections for “The Meadows of Lakeland”. (D. Smith) (pgs. 72-73) ~Taken out of order~

X. OLD BUSINESS:
1. Action on DRC appointment. (pgs.74-82)
a. Advertising vacancies.
Commissioner Plunk moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice-Mayor Anderson moved to appoint two people to fill the two vacancies on the Design Review Commission, seconded by Commissioner Hartz.
Motion carried, roll call vote, 3-2.
Anderson aye
Hartz aye
Nicholson aye
Plunk nay
Carmichael nay

b. Appointment.
¨ Vice-Mayor Anderson nominated Connie Hess to fill a vacancy on the Design Review Commission.
¨ Commissioner Hartz nominated Jeffrey Moder to fill a vacancy on the Design Review Commission.
¨ Commissioner Plunk nominated Christy Evans to fill a vacancy on the Design Review Commission.

Nomination for Connie Hess carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Nomination for Jeffrey Moder carried, roll call vote, 3-2.
Hartz aye
Anderson aye
Nicholson aye
Plunk nay
Carmichael nay

Mrs. Connie Hess & Mr. Jeffrey Moder were appointed to fill the remainder of a 2 year term for Jesse McCabe and Larry Hollingsworth of the Design Review Commission, term expiring on December 31, 2008.

ITEMS REMOVED FROM THE CONSENT AGENDA:

2. Approval of Lake Forest Phase 1 – Secondary Detailed Development Plan. (Higbee) (pgs. 13-14)
Commissioner Hartz moved to approve a Resolution entitled: A Resolution to approve a Secondary Detailed Development Plan for Lake Forest Phases 1A, 1B and 1C, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Anderson aye
Plunk aye
Carmichael aye

XI. NEW BUSINESS:
1. Action on contract extension for The Preserve. (Staff) ~Removed from agenda~

2. Report/Action on athletic fields on Memphis-Arlington. (Staff) (pg. 83)
Vice-Mayor Anderson moved to suspend the rules to discuss athletic fields on Memphis-Arlington, seconded by Commissioner Hartz.
There was no action taken (discussion only)

Mayor Carmichael yielded the floor to Lt. Warren Horton to present the Crime Report for the month of March.

With no objections, Mayor Carmichael yielded the floor to State Representative Ron Lollar to address the Board concerning the Cable Franchise.

TREASURER’S REPORT
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

3. Action on Grass Mowing Contract.
Commissioner Hartz moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to approve the 2007 Grass Mowing Contract with Payne’s Lawn Service, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

4. Review and discussion on Fletcher Trace punch list.
Mayor Carmichael moved to suspend the rules for discussion of Fletcher Trace punch-list, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor. (No action taken)

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There no other business to take action on, Commissioner Plunk moved to adjourn the meeting, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

The meeting adjourned at 8:10 p.m., Thursday, April 05, 2007.

These minutes were approved Thursday, May 03, 2007.






Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder

SPECIAL CALLED MEETING FOR
MONDAY, MARCH 26, 2007, 6:15 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


The City Manager requested the City Recorder to call a Special Meeting of the Board of Commissioners as the welfare of the City demands it.

The Character of Business to be discussed and possible action taken at such meeting shall be as follows:

¨ Discussion and/or possible action on the 2007 Grass Mowing Contract.

This Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:15 p.m., Monday, March 26, 2007.

This written notice shall be posted and served personally at least twelve hours prior to the Special Called Meeting to each Commissioner, the City Manager, Recorder and Attorney or left at such person’s place of residence in accordance to TCA § 6-20-208.



SPECIAL MEETING MINUTES

With a quorum present, the Mayor called the Special Meeting to order at 6:15 p.m.

Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson and Plunk were present.

Motion to suspend the rules. Motion carried, voice vote, all in favor.

After extensive discussion, Commissioner Hartz moved to recess the meeting, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Meeting recessed at 6:35 p.m.

Meeting reconvened at 8:34 p.m.

With no objections, Mayor Carmichael moved to approve the Grass Mowing Contract between the City of Lakeland and S & J Lawn Care, subject to meeting all conditions/requirements of the contract, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

With no other business to take action on, Commissioner Nicholson moved to adjourn the meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

The Meeting adjourned at 8:53 p.m.

These minutes were approved Thursday, May 03, 2007.




Scott Carmichael, Mayor

ATTEST:



Sontidra Franklin, City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING AGENDA
THURSDAY, MARCH 08, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the Regular Meeting to order at 6:30 p.m. Invocation was given by Pastor Will Gordan (Greater Bush Grove Missionary Baptist Church) and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz and Plunk were present. Commissioner Randy Nicholson was absent. David Lakin (City Attorney) was present.

Mayor Carmichael opened the floor for any changes (additions/deletions) to the agenda, with no objections, Mayor Carmichael moved to approve the agenda as submitted and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Sheriff Mark Luttrell, Shelby County Sheriff’s Department to report the statistics for the City of Lakeland for the year 2006 and discuss the continued efforts of the Sheriff’s Department to keep the City of Lakeland a safe environment.

Mayor Carmichael yielded the floor to Parks Director, Brenda Lockhart to present Coach’s Certification Award. No objections.

Mayor Carmichael acknowledged Lakeland residents for their recycling efforts in the “Get Caught Recycling” Program. Presentations were given to Ms. Dorotha Dykes, Mr. Mark and Benjamin Patters, Mr. Roy Thweatt, Mr. Ronald D. Condrey.

With no objections, Mayor Carmichael yielded the floor to Lt. Vertrees, Shelby County Sheriff’s Department to give the Crime Report for the month of February.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Special Meeting Minutes, January 22, 2007, 6:00 p.m.
(pgs. 01-02)
b. Regular Meeting Minutes, February 01, 2007, 6:30 p.m. (pgs. 03-07)
2. Approval of a Resolution authorizing the City Manager to proceed on preparing a Retirement Health Services Plan for City of Lakeland personnel. (Wherry) (pg. 08)
3. Approval of a Resolution authorizing exercise of power of eminent domain to acquire additional tracts 1-3 for WWTP Expansion Project. (Lakin)

4. Approval of a Resolution approving the Construction Contract for constructing walking trails for I.H. Park. (Lockhart) (pgs. 9-11)
5. Approval of a Resolution amending the City of Lakeland’s Personnel Policy to include provisions of the Ethics Ordinance. (Wherry) (pg. 12)
6. Approval of a Resolution amending the City of Lakeland’s Personnel Policy to provide partial Holiday pay/leave for certain part-time employees. (Wherry) (pg. 13)
7. Approval of MPC recommendation for acceptance of Public Improvements - Evergreen Hills S/D, Phases 2 & 3. (J. Smith) (pgs. 14-15)
8. Approval of MPC recommendation for acceptance of Public Improvements – Bentbrooke Hills S/D, Phase 3. (J. Smith) (pgs. 16-18)
9. Approval of establishment of Environmental Awards Committee. (Bridges) (pgs. 19-20)
Commissioner Hartz moved to approve the Consent Agenda, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 21-22)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
· Update on collection of delinquent business taxes. (Lakin)
· Update on Oakwood Plat violations. (Lakin/Bridges)
· Update on Fletcher Trace construction. (Smith)

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on the 2007 Grass Mowing Contract. (Staff) (pg. 23)
Commissioner Hartz moved to postpone action definitely until the next work session (March 26, 2007), seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

2. Action on recommendation of the Park and Recreation Board/Natural Resources Board on landscaping in Windward Slopes Park & Lakeland Fire Station. (Bridges) (pgs. 24-27)



Vice-Mayor Anderson moved to approve Staff’s recommendation in approving a Resolution recommended by the Parks & Recreation/Natural Resources Board to landscape Windward Slopes Park around Lakeland Fire Station #1 – adopting the modified alternative recommended by the Natural Resources Director, seconded by Commissioner Hartz. (*)

With no objections from the Board, Mayor Carmichael allowed Dr. Patel (9743 Windward Slopes Drive) address the Board.

Point Of Order: Commissioner Hartz called for a Point of Order to state Mr. Patel is out of order. Point of Order sustained

Vice-Mayor Anderson moved to amend the Resolution by inserting: (see memo dated March 08, 2007) in the first “Resolve”, seconded by Commissioner Hartz. Amendment carried, voice vote, all in favor.

(*)Motion to approve a Resolution recommended by the Parks & Recreation/Natural Resources Board to landscape Windward Slopes Park around Lakeland Fire Station #1 – adopting the modified alternative recommended by the Natural Resources Director, as amended.
Motion carried, roll call vote, 3-1.
Anderson aye
Hartz aye
Plunk no
Carmichael aye

3. Action on a Resolution regarding the “Competitive Cable and Video Services Act”. (Wherry) (pgs. 28-30)
Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners urging that SB1933/HB1421 the “Competitive Cable and Video Services Act” not be adopted by the Tennessee Legislature, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

4. Action on a Resolution designating priorities state legislation and action for 2007. (Wherry) (pg. 31)
Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution by the Lakeland Board of Commissioners establishing Legislative Priorities for 2007, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

5. Action on a Resolution approving the Retail Market Analysis Proposal submitted by REDC (Regional Economic Development Center at the University of Memphis. (Higbee) (pgs. 32-35)

Commissioner Hartz moved to approve a Resolution entitled: Approving a Retail Market Study Proposal submitted by the Regional Economic Development Center at the University of Memphis, seconded by Vice-Mayor Anderson.
Motion carried, roll call vote, 3-1.
Hartz aye
Anderson aye
Plunk no
Carmichael aye

6. Action on appointing a BOC member to the Advisory Committee for the Land Development Regulations and Design Guidelines Project. (Higbee)
Commissioner Hartz nominated Vice-Mayor Anderson to serve as the BOC member to the Advisory Committee for the Land Development Regulations and Design Guidelines Project. Nomination carried, voice vote, all in favor.

7. Action on a Resolution supporting Shelby County Ordinance 9-1-1 concerning non-emergency calls. (Plunk) (pgs. 36-42)
Mayor Carmichael moved to postpone action definitely until the next called meeting, seconded by Commissioner Hartz.
Motion carried, roll call vote, 3-1.
Hartz aye
Anderson no
Plunk aye
Carmichael aye

8. Action on first reading of an Ordinance amending the Zoning Ordinance, Article III, Section 5.N – Open Space. (Higbee) (pgs. 43-52)
Commissioner Hartz moved to adopt on first reading of an Ordinance of the City of Lakeland to amend the Zoning Ordinance, Article III, Section 5.N – Open Space, seconded by Vice-Mayor Anderson.
Motion carried, roll call vote, 4-0.
Hartz aye
Anderson aye
Plunk aye
Carmichael aye

9. Action on appointment of Environmental Awards Committee. (Bridges) (pg. 53)
Vice-Mayor Anderson moved to approve a Resolution appointing an Environmental Awards Committee as recommended by the Natural Resources Director, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

10. Action on rescheduling the April Town Hall Meeting. (Wherry) (pg. 54)
Commissioner Hartz moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners rescheduling the Town Hall Meeting, seconded by Mayor Carmichael. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to take action on, Commissioner Plunk moved to adjourn the meeting, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

The meeting adjourned at 8:13 p.m., Thursday, March 08, 2007.

These minutes were approved Thursday, April 05, 2007.





Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder