BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JUNE 12, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: There being a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation was given by Sheriff Mark Luttrell, Shelby County Sheriff; pledge was 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 for any amendments (additions/deletions) to the agenda.

Vice-Mayor Hartz moved to amend the agenda to add as New Business Agenda Item 2: Discussion and Possible Action on approval of Fireworks Application, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael moved to adopt the agenda as amended.

Mayor Carmichael yielded the floor to Sheriff Mark Luttrell to update the Board of Commissioners of the crime statistics of Shelby County and the City of Lakeland. No objections.

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to present the Crime Report for the month of May 2008.

Mayor Carmichael presented residents with the “Get Caught Recycling” Awards for the month of June. The recipients were: Ms. Pat Beard, Mr. Michael Ferrell, Mr. David Tribo and Mr. Harold Tickle.

Mayor Carmichael presented Gerri Burditt with a Proclamation and “Key to the City” for being selected as “Citizen of the Year” presented by Lakeshores Ladies Club.

Mayor Carmichael presented Al Scrip with a Proclamation and “Key to the City” for his meritorious service, loyalty and dedication to the City of Lakeland.

Captain Paul Pritt presented a “Camp Buehring” Certificate and flag (flown on the 5th Anniversary of Operation Iraqi Freedom) in honor of the City of Lakeland to the Mayor & Commissioners.

With no objections, Mayor Carmichael opened the floor for public discussion. Mr. Ken Glatzer • Herons Ridge Subdivision spoke in opposition of approving the Secondary Detailed development Plan for Sections “C” and “D” of the Herons Ridge Planned Development.


III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of final reading of an Ordinance adopting a budget for Fiscal Year July 01, 2008 through June 30, 2009. (Wherry) (pg. 1)
2. Approval of a Resolution authorizing City Staff to authorize temporary signs for Neighborhood Association/HOA Meetings. (Atkinson) (pgs. 02-05)
3. Approval of a contract with B & C Construction Company, Inc. for demolition of structure located at 10027 U.S. Highway 70, Lakeland, Tennessee in the amount of $12,500. (Stuckert) (pgs. 06-15)
4. Approval of Development Contract with Greenbrier Partners, LLC for Evergreen Subdivision Phase I. (Stuckert) (pgs. 16-47)
5. Approval of first reading of an Ordinance creating Chapter 3, Title 12 of the Lakeland Municipal Code establishing new regulations governing the construction of retaining walls, requiring a permit and establishing a fee. (Stuckert) (pgs. 48-54)
6. Approval of recommendation of the Municipal Planning Commission to approve Kensington Manor Secondary Detailed Development Plan. (Higbee) (pgs. 55-59)
7. Approval of recommendation of the Municipal Planning Commission to approve Herons Ridge, Section C & D Secondary Detailed Development Plan. (Atkinson) (pgs. 60-62)
8. Approval of contract for the Park Master Plan. (Wherry) (pg. 63)
9. Approval of Capital Improvement Budget. (Wherry) (pg. 64)
10. Approval of contract for printing of Lakeland Phone Book. (Wherry) (pg. 65)
11. Approval of Fall Retreat scheduled date of Saturday, September 27, 2008. (Wherry) (pg. 66)
Vice Mayor Hartz moved to approved the Consent Agenda and adopt on final reading an Ordinance adopting a budget for Fiscal Year July 01, 2008 through June 30, 2009 and adopt on first reading an Ordinance creating Chapter 3. Title 12 of the Lakeland Municipal Code establishing new regulations governing the construction of retaining walls, requiring a permit and establishing a fee, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

Old Business
2. Action on appointments to the Lakeland Natural Resources Board.
Mayor Carmichael opened the floor for nominations to the Natural Resources Board.

Vice Mayor Hartz nominated Mark Mangone; Commissioner Verschuur nominated Tony Neri; Commissioner Nicholson nominated Billie Fae Horton; Vice Mayor Hartz nominated Jeff Konieczny; Commissioner Verschuur nominated Jerry James; Commissioner Nicholson nominated Peter Marsh and Vice Mayor Hartz nominated Billy Rodgers.

Nomination for Mark Mangone carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

Nomination for Tony Neri carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Nomination for Billie Fae Horton carried, roll call vote, 5-0.
Nicholson aye
Hartz aye
Plunk aye
Verschuur aye
Carmichael aye

Nomination for Jeff Konieczny carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

Nomination for Jerry James carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Nomination for Peter Marsh carried, roll call vote, 5-0.
Nicholson aye
Hartz aye
Plunk aye
Verschuur aye
Carmichael aye


By Consensus of the Board, Commissioner Nicholson will serve as liaison to the Natural Resources Board.

3. Action on appointments to the Lakeland Parks & Recreation Board. (Board) (pgs. 124-128)
Commissioner Verschuur nominated Bennie Cobb to the Parks & Recreation Board; Vice Mayor Hartz nominated Alison Ely.

Nomination for Bennie Cobb carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

5. Action on the purchase of property (Lancaster Property) soccer fields. (Wherry) (pg. 130)
Vice Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing the City Manager to submit an offer to purchase property commonly known as 9996 Memphis-Arlington Road, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-1.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael nay

4. Action on authorizing Requests for Proposals for an Operational Audit and feasibility study concerning the possible purchase of Stonebridge Golf Course. (Wherry) (pg. 129)
Commissioner Verschuur moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice Mayor Hartz moved to authorize the City Manager to obtain proposals for an Operational Audit Feasibility Study, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson nay
Plunk aye
Carmichael aye

New Business
2. Discussion and Possible Action on approval of Fireworks Application. (Staff)


Vice Mayor Hartz moved to suspend the rules, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

With no objections, it was a consensus of the Board to defer action on this item until the City Attorney reviews the applicant’s information.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, May 01, 2008, 6:30 p.m. (pgs. 67-70)
Commissioner Verschuur moved to approve the Regular Meeting Minutes of May 01, 2008, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

b. Special Meeting Minutes, May 20, 2008, 6:30 p.m. (pgs. 71-74)
Vice-Mayor Hartz moved to approve the Special Meeting Minutes of May 20, 2008, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

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

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 leasing of vehicles. (Wherry) (pgs. 75-94)
Commissioner Verschuur moved to approve a Resolution authorizing the Lease of vehicles under a Master Lease Agreement with Enterprise Leasing, 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 appointments to the Lakeland Natural Resources Board. (Board) (pgs. 95-123) ~Taken out of order~
3. Action on appointments to the Lakeland Parks & Recreation Board. (Board) (pgs. 124-128) ~Taken out of order~
4. Action on authorizing Requests for Proposals for an Operational Audit and feasibility study concerning the possible purchase of Stonebridge Golf Course. (Wherry) (pg. 129) ~Taken out of order~
5. Action on the purchase of property (Lancaster Property) soccer fields. (Wherry) (pg. 130) ~Taken out of order~

XI. NEW BUSINESS:
1. Action on agreement with I.H. Club for the City scheduling the I.H. Clubhouse. (Wherry/Lockhart) (pgs. 131-142)
Commissioner Verschuur moved to suspend the rules for discussion, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

After a substantial amount of discussion, Commissioner Verschuur moved to postpone action definitely until the next work session (06.30.2008), seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

New Business
2. Vice-Mayor Hartz moved to approve a Fireworks Display Permit to Craig Akers after verification of ATF (Alcohol, Tobacco, Firearms) License and Certificate of Insurance with the City of Lakeland as the Certificate Holder, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 8:05 p.m., Thursday, June 12, 2008.

These minutes were approved Thursday, July 10, 2008.








Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, CMC
City Recorder