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