BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, FEBRUARY 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 Regular Meeting to order at 6:33 p.m. Invocation was given by Peter Buchignani (St. Francis of Assisi) 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.

Commissioner Hartz moved to amend the agenda by striking New Business 3: Action on rewrite of the Land Development Regulations and Design Guidelines, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

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 acknowledged Lakeland residents for their recycling efforts in the “Get Caught Recycling” Program. Presentations were given to Mr. Richard Davis, Ms. Jessica Story, Mr. Robert Wallis, and Mr. Robert Hudson.

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

NEW BUSINESS
1. Action on Arcadia Preliminary Development Plan. (Higbee)
Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution to approve Preliminary Development Plan amendment for Arcadia Residential Development, seconded by Commissioner Plunk. (*)

Commissioner Hartz moved to strike the requirement for the walking path to connect to the Maples. Motion failed for lack of a second.

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

(Go To ** for amending the Official Zoning Map)

2. Action on Resolution supporting Shelby County Ordinance on 9-1-1 concerning non-emergency calls. (Wherry)
Vice-Mayor Anderson moved to approve a Resolution of Lakeland Board of Commissioner supporting proposed Shelby County Ordinances to add a new chapter entitled “Emergency Communication Services (911)” Relative to the prevention of the placing of non-emergency 911 calls, or the sending of similar messages to a public safely answering point, and the penalty for violation of this Ordinance”, seconded by Commissioner Plunk.
Motion failed, roll call vote, 1-4.
Anderson nay
Plunk nay
Hartz nay
Nicholson nay
Carmichael aye

(**) Vice-Mayor Anderson moved to approve the Resolution to amend the Official Zoning Map of the City of Lakeland to identify a planned development of approximately 114.187 acres, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

OLD BUSINESS
1. Action to enforce compliance with plat restriction in Oakwood Addition. (Lakin)
Mayor Carmichael moved to suspend the rules to discuss plat restriction in Oakwood Subdivision, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

Vice-Mayor Anderson moved to authorize the City Attorney to proceed with judicial intervention upon receipt of return receipt letter, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye



III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Regular Meeting Minutes, Thursday, January 04, 2007, 6:30 p.m. (pgs. 01-05)
2. Approval of final reading of an Ordinance to amend Ordinance 06-89 of the Comprehensive Fee Schedule which is incorporated in the Lakeland City Code; and providing an effective date. (N. Smith)
3. Approval of final reading of an Ordinance to amend Article I, Title Intent and Purpose; Article II, Definition; Article III, Establishment of Districts, Official Zoning Map and General Provisions; Article IV, Schedule of District Regulations and Site Plan Review; Article VI, Planned Developments; Article XII, Board of Appeals; Article XIII, Amendments; Article XIV, Streamside Management Buffer Requirements of the City of Lakeland Zoning Ordinance; providing an effective date. (Higbee) (pgs. 09-10)
4. Approval of final reading of an Ordinance to amend Title 14, Chapters 9, 10 and 11 (Landscaping and Screening Requirements, Site Lighting Requirements, and Architectural Design Standards); providing an effective date. (Higbee) (pgs. 11-12)
5. Approval of appointment to the Regional Solid Waste Planning Board. (Wherry) (pgs. 13-14)
6. Approval of alignment of Personnel Pay/Position Plan. (Wherry) (pgs. 15-16)
Commissioner Hartz moved to approve the Consent Agenda and adopt on final reading an Ordinance to amend Article I, Title Intent and Purpose; Article II, Definitions; Article III, Establishment of Districts, Official Zoning Map and General Provisions; Article IV, Schedule of District Regulations and Site Plan Review; Article VI, Planned Developments; Article XII, Board of Appeals; Article XIII, Amendments; Article XIV, Streamside Management Buffer Requirements of the City of Lakeland Zoning Ordinance; providing an effective date – final reading of an Ordinance to amend Ordinance 06-89 of the Comprehensive Fee Schedule which is incorporated in the Lakeland City Code and providing an effective date – final reading of an Ordinance to amend Title 14, Chapters 9, 10 and 11 (Landscaping and Screening Requirements, Site Lighting Requirements, and Architectural Design Standards); providing an effective date, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 17-31)
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)
David Lakin reported no update on the businesses that were forwarded collection letters. However, one business submitted its delinquent tax report for the year 2002/2003.

· Update on Old Brownsville Road & Oliver Creek.
Eric Bridges reported on the status of clearing of the land on Old Brownsville Road.

· Update on Beer Board Meeting.
Commissioner Hartz inquired about calling a meeting for Lakeland Beer Board in regard to the businesses selling to minors.

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on proposed change order #6 for construction of the Scott’s Creek Wastewater Treatment Plant. (D. Smith) (pgs. 32-34)
Vice-Mayor Anderson moved to approve a Resolution to approve funding through Change Order 6 for Scott’s Creek Wastewater Treatment Plant, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

2. Action on proposed change order #7 for construction of the Scott’s Creek Wastewater Treatment Plant. (D. Smith) (pgs. 35-39)
Commissioner Hartz moved to approve a Resolution to approve funding through Change Order 7 for Scott’s Creek Wastewater Treatment Plant. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:
1. Action to enforce compliance with plat restriction in Oakwood Addition. (Lakin) (will be provided) ~Taken out of order~

2. Action on the release of Letter of Credit for Oakwood Subdivision – Phase 3. (D. Smith) (will be provided)
Commissioner Hartz moved to release the Letter of Credit for Oakwood Subdivision – Phase 3 for $189,000, seconded by Commissioner Plunk. Motion carried, voice vote, 4-1 (Anderson).


3. Action on the release of Letter of Credit for Oakwood Subdivision – Phase 4. (D. Smith) (will be provided)
Mayor Carmichael moved to deny the release of the Letter of Credit for Oakwood Subdivision – Phase 4, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

XI. NEW BUSINESS:
1. Action on Arcadia Preliminary Development Plan. (Higbee) (pgs. 40-58) ~Taken out of order~
2. Action on Resolution supporting Shelby County Ordinance on 9-1-1 concerning non-emergency calls. (Wherry) (pgs. 59-66) ~Taken out of order~
3. Action on re-write of the Land Development Regulations and Design Guidelines. (Higbee) (pg. 67) ~Taken out of order~
4. Discussion on recycling program for multi-family residential areas. (Wherry) (pg. 68)
Vice-Mayor Anderson moved to suspend the rules for discussion, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor. (No other action taken)

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being 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 8:37 p.m., Thursday, February 01, 2007.

These minutes were approved Thursday, March 08, 2007.





Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder