BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, FEBRUARY 07, 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 6:45 p.m. Invocation was given by Bro. Louis Brenton of Centerpoint Church. Pledge was given by Lt. Warren Horton of the 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 absent.

With no objections, Mayor Carmichael presented a Proclamation to Dustin Brown achieving the Eagle Scout rank.

Mayor Carmichael presented the “Get Caught Recycling” Certificates to the following residents: Mr. Ronald Cuthbertson, Mr. Werner Stohn, Ms. Marianne Morgan and Ms. Angela Anderson.

Mayor Carmichael acknowledged Ms. Alison Ely for being declared as “Citizen of the Year” by the Lakeland Ladies Club.

III. PUBLIC HEARING:

New Business/Agenda Item #2 was removed from the agenda at the request of Staff. No objections.

There being no other changes (additions/deletions) 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 Commissioner Verschuur. Motion carried, voice vote, all in favor.

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, January 10, 2008, 6:30 p.m. (pgs. 01-05)
2. Approval of first reading of an Ordinance amending the Lakeland Municipal Code, Title 13, Section 13-419 “Municipal Tree Management”; and providing an effective date. (Bridges) (pg. 06)
3. Approval on Appointment Procedures for Boards & Commissions. (Wherry) (pgs. 07-09)
4. Approval of rescheduling the scheduled Work Session on Monday, April 21, 2008 and the Regular Meeting on Thursday, May 01, 2008. (Wherry) (pgs. 10-11)
5. Approval of a Resolution authorizing a Professional Service Agreement with ETC Institute, Olathe, Kansas, to conduct a community-wide storm water survey. (Stuckert) (pgs. 12-24)
6. Approval of an amendment to the Special Area Transportation Study Agreement between Kimley-Horn and Associates and the City of Lakeland. (Stuckert) (pgs. 25-28)


Vice-Mayor Hartz moved to approve the Consent Agenda and adopt on first reading an Ordinance amending the Lakeland Municipal Code, Title 13, Section 13-419 “Municipal Tree Management”; and providing an effective date, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

OLD BUSINESS:
2. Action on purchasing Stonebridge Golf Course. (Wherry) (pgs. 35-37)
Vice-Mayor Hartz moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Michael Stansbury, Stonebridge resident to address the Board regarding Stonebridge Golf Course.

Mayor Carmichael yielded the floor to Nicole Wheetley, 3296 Glenhill Lane addressed the Board regarding Stonebridge Golf Course.

After extensive discussion, Commissioner Verschuur moved that the City Manager proceed with the next phase of requesting proposals for the Stonebridge Golf Course Project and make updated reports on the status to the Board of Commissioners on a regular basis, seconded by Commissioner Plunk.
Motion carried, roll call vote, 4-1.
Hartz aye
Nicholson nay
Plunk aye
Verschuur aye
Carmichael aye

The Mayor called for a five minute recess, no objections.

The meeting recessed at 7:38 p.m., Thursday, February 07, 2008.

The meeting reconvened at 7:45 p.m., Thursday, February 07, 2008.

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

VI. TREASURER’S REPORT: (pgs. 29-30)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, 4-1 (Plunk – abstained)


VII. PUBLIC DISCUSSION:

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

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:
1. Action on final reading of 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. (Lakin) (pgs. 31-34)
Commissioner Verschuur moved for final reading of 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 Plunk.

Point of Order: Commissioner Nicholson raised a Point of Order to state clarity needs to be given to the motion. Chair sustained.

Vice-Mayor Hartz moved to amend Section 5, paragraph 2 of the Ordinance to state the requirements of this paragraph shall not apply to any contracts that have been entered into prior to the effective date of this Ordinance, seconded by Commissioner Verschuur.
Amendment carried, roll call vote, 4-1
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael nay

Motion to adopt on final reading of 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, as amended.
Motion failed, roll call vote, 1-4.
Verschuur nay
Plunk aye
Hartz nay
Nicholson nay
Carmichael nay

2. Action on purchasing Stonebridge Golf Course. (Wherry) (pgs. 35-37) ~Taken Out of Order~


3. Action on first reading of an Ordinance amending and creating certain sections of Title 18, Chapter 1 and Chapter 2 of the Lakeland Municipal Code pertaining to sewer. (Stuckert) (pgs. 38-43)
Commissioner Verschuur moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

After a substantial discussion, Commissioner Verschuur moved to postpone action definitely until the next work session (02.25.08), seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

XI. NEW BUSINESS:
1. Action on approving the FY2006/2007 Audit. (Wherry) (pgs. 44-45)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution accepting the audit for Fiscal Year ending June 30, 2007, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

2. Action on Resolution concerning Village At Water’s Edge Development Contract. (Lakin) ~This item was removed from the agenda~

3. Action on approving a Resolution entering into a Loan Agreement with TML Bond Fund. (Wherry) (pgs. 46-51)
Vice-Mayor Hartz moved to approve a Resolution entitled: Initial Resolution authorizing the incurrence of indebtedness by the City of Lakeland, Tennessee of not to exceed $7,500,000.00 by the execution with a public building authority of a Loan Agreement or other instrument evidencing such indebtedness to provide funding for certain public works projects, and to fund the incidental and necessary expenses related thereto, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

XII. ANNOUNCEMENTS:
o Arbor Day – March 08, 2008 • Lakeland City Hall





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 8:15 p.m., Thursday, February 07, 2008.


These minutes were approved Thursday, March 06, 2008.





Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, CMC
City Recorder