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