BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JANUARY 10, 2008, 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 given by Lt. Warren Horton, Shelby County Sheriff’s Department.

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 to the City Recorder to administer the Oath of Office to the individuals appointed to the Various Boards & Commissions. No objection.

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

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, December 06, 2007, 6:30 p.m. (pgs.01-09)
2. Approval of final reading of an Ordinance amending Article VII, Flood Plain Overlay Zone of the Zoning Ordinance. (Stuckert) (pgs. 10-34)
3. Approval of final reading of an Ordinance to amend Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding enclosed patios. (Atkinson) (pgs. 35-38)
4. Approval of acceptance and use of Community Enhancement Grant in the amount of $20,000. (Wherry) (pgs. 39-40)
5. Approval of the release of Letter of Credit for Oakwood Phase II. (Bridges) (pgs. 41-45)
6. Approval of Resolution by the Lakeland Board of Commissioners urging the Shelby County Schools to consider the Municipal/Community Origin of students when assigning students to County Schools. (Hartz) (pgs. 46-47)
7. Approval of Resolution setting the date for the 2008 BOC Retreat. (Wherry) (pgs. 48-49)
8. Approval of Resolution concerning the Shelby County Charter Amendments. (Wherry) (pgs. 50-51)
9. Approval of Resolution concerning the recommendation of the Shelby County Law enforcement to the Shelby County Commission. (Wherry) (pgs. 52-53)
Vice-Mayor Hartz moved to approve the Consent Agenda and adopt on final reading an Ordinance amending Article VII, Flood Plain Overlay Zone of the Zoning Ordinance and adopt on final reading an Ordinance to amend Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding enclosed patios.
Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 54-55)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 4-1 (Plunk)

VII. PUBLIC DISCUSSION:
Hank Hess, Green Spruce spoke in opposition of New Business, Agenda Item 2: An Ordinance amending the Ethics Ordinance prohibiting members of the MPC, PRB/NRB, DRC, EDC and BOA doing business with the City of Lakeland.

Gary Siebenschah – Aldis Cove spoke in opposition of New Business Agenda Item 2: An Ordinance amending the Ethics Ordinance prohibiting members of the MPC, PRB/NRB, DRC, EDC and BOA doing business with the City of Lakeland.

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

IX. SEWERAGE COMMISSION BUSINESS:
1. Action to recommend to the BOC amendments to Title 18, Chapter 2 regarding sewer service. (Stuckert) (pgs. 56-62)
Vice-Mayor Hartz moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Commissioner Verschuur moved to postpone action definitely until the next work session (01.28.08), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton to give the Crime Report for the month of December.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on continuing minimum standards for Open Meetings Act. (Carmichael) (pg. 63)
Mayor Carmichael moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners expressing a commitment to uphold the spirit and intent of the Tennessee Open Meetings Act as it currently exists and to continue to strive to conduct business in ways that maximizes public participation, involvement and oversight, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.


Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on adopting on first reading an Ordinance of the City of Lakeland amending the Ethics Ordinance to include a provision prohibiting members of the MPC, PRB/NRB, DRC, EDC and BOA doing business with the City of Lakeland. (Wherry) (pgs. 64-68)
Commissioner Plunk moved to adopt on first reading an Ordinance of the City of Lakeland amending the Standards for Ethics by prohibiting members of appointed Boards and Commissions from doing business with the City of Lakeland, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 3-2.
Plunk aye
Verschuur aye
Hartz nay
Nicholson aye
Carmichael nay

3. Action on first reading of an Ordinance amending and creating certain sections of Title 18, Chapter 2 of the Lakeland Municipal Code pertaining to sewer. (Stuckert) (pgs. 69-71)
Mayor Carmichael moved to postpone action definitely until the next work session (01.28.08), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

4. Action on the purchase of property east of City Hall. (Wherry) (pg. 72)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve the Real Estate Sales Contract Agreement submitted between the City of Lakeland and the sellers, Mr. William R. Ellis, Jr. for 6.5 acres, Parcel I.D. Number L015000042, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Plunk aye
Nicholson aye
Verschuur aye
Carmichael aye

5. Action on revision or termination and new contract with JWS & Associates for Engineering/Inspection services. (Wherry) (pg. 73)
Vice-Mayor Hartz moved to approved a Resolution entitled: A Resolution of the Lakeland Board of Commissioners amending the engineering


services contract between the City of Lakeland and JWS & Associates for engineering services, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

6. Action on a Resolution financing the City share of the I-40 at Canada Road Interchange Project. (Wherry) (pgs. 74-85)
Mayor Carmichael moved to suspend the rules, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve a Resolution authorizing the City Manager to complete the Tennessee Municipal Bond Fund Resolution Request for New Loan for $3,000,000 for the City share of the I-40/Canada Road Interchange Project, an estimate for possible acquisition of the Stonebridge Golf course and immediate capital repairs and an estimate to purchase the property east of City Hall and an estimate cost to purchase a site for Fire Station #2, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye

7. Action on Memorandum of Understanding for the development of I-40 at Canada Road Interchange in the City of Lakeland. (Wherry) (pgs. 86-87)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution of the Board of Commissioners of the City of Lakeland approving a Memorandum of Understanding with the Tennessee Department of Transportation to authorize Lakeland Mayor to execute the Memorandum of Understanding for Agreement #070199, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye


XII. ANNOUNCEMENTS:

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

The meeting adjourned at 8:05 p.m., Thursday, January 10, 2008.

These minutes were approved Thursday, February 07, 2008.





Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, CMC
City Recorder