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

II. ROLL CALL BY CITY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson and Verschuur were present. City Attorney David Lakin was present. Commissioner Clark Plunk was absent.

Vice-Mayor Hartz moved to amend the agenda to add New Businees/Agenda Item 4: Action on Evergreen Hills Phase 2 & 3 End of Warranty and Release of Letter of Credit; Sewerage Commission Business/Agenda Item 1: Action on recommendation to the Board of Commissioners to authorize disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons; Sewerage Commission Business/Agenda Item 2: Action on recommendation to the Board of Commissioners to approve a Sanitary Sewer System for May Investments. No objections

With amendments submitted, Mayor Carmichael moved to accept the agenda as amended, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of July. Recipients were Ms. Melissa Phillips, Mr. Michael Disalvo, Ms. Nadia Menard and Mr. George Bradshaw.

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

SEWERAGE COMMISSION BUSINESS
2. Action on recommendation to the Board of Commissioners to approve a Sanitary Sewer System for May Investments. (Stuckert)
Vice-Mayor Hartz moved to recommend to the Board of Commissioners approval of a Sanitary Sewer System for May Investments, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

NEW BUSINESS
3. Action on approval of a Sanitary Sewer System for May Investments. (Stuckert) (pgs. 119-123)
Vice-Mayor Hartz moved to suspend the rules for discussion, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.


Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing May Investments, LLC to connect to the Lakeland Public Sewer System for property identified by the Shelby County Tax Assessor ad L015000338, L015000354 and L015000355, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

1. Action on Herons Ridge/Section C & D Development Contract. (Stuckert) (pgs. 84-114)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with G3 Land Company, LLC for a one hundred residential lot subdivision to be known as Herons Ridge Sections C & D Planned Residential Development, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

4. Action on Evergreen Hills Phase 2 & 3 End of Warranty and Release of Letter of Credit.
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing the reduction of the security for completion of all public improvements for Evergreen Hills Phases II & III, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

III. PUBLIC HEARING:

IV. CONSENT AGENDA
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, June 12, 2008, 6:30 p.m. (pgs. 01-07)
2. Approval of final 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. 08-13)


3. Approval of Kensington Manor/Phase I Development Contract. (Stuckert) (pgs. 14-46)
4. Approval of first reading of an Ordinance creating Chapter 2 of Title 16 pertaining to adoption of the City of Lakeland Public Works Construction and Material Specifications Manual. (Stuckert) (pgs. 47-49)
5. Approval of Contract to Audit for Fiscal Year 2007/2008. (Wherry) (pgs. 50-63)
6. Approval of the 2008 Tennessee Recreation Parks Association State Conference. (Lockhart) (pg. 64)

With no objections, Commissioner Verschuur removed Consent Agenda Item 2: Approval of final 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.

Commissioner Verschuur moved to approve the Consent Agenda Items 1, 3-6 and adopt on first reading of an Ordinance creating Chapter 2 of Title 16 pertaining to adoption of the City of Lakeland Public Works Construction and Material Specifications Manual, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
2. Approval of final 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. 08-13)
Commissioner Verschuur moved to suspend the rules for discussion, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to accept the amendments as noted in the Work Session packet pages 10-11 as submitted by Staff.

Commissioner Verschuur moved to adopt on final 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 as amended, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 4-0.
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye


VI. TREASURER’S REPORT: (pgs. 65-70)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried voice vote, all in favor.

SEWERAGE COMMISSION BUSINESS
1. Action on recommendation to the Board of Commissioners to authorize disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons. (Stuckert)
Vice-Mayor Hartz moved to recommend to the Board of Commissioner authorization of the disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

NEW BUSINESS
2. Action on authorizing the disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons. (Stuckert) (pgs. 115-118)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution declaring certain Wastewater Treatment equipment as surplus property with no value and providing for the disposal of such equipment to the City of Parsons, Tennessee, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 4-0.
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

OLD BUSINESS
1. Action on agreement with I.H. Club for the City scheduling the I.H. Clubhouse. (Wherry) (pgs. 71-83)
Vice-Mayor Hartz moved to postpone action definitely until the next work session (July 28, 2008), seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Report on Stonebridge Golf Course purchase. (Wherry) ~Report deferred to the July 28th Work Session~

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on recommendation to the Board of Commissioners to authorize disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons. (Stuckert) ~Taken out of Order~


2. Action on recommendation to the Board of Commissioners to approve a Sanitary Sewer System for May Investments. (Stuckert) ~Taken out of Order~

X. OLD BUSINESS:
1. Action on agreement with I.H. Club for the City scheduling the I.H. Clubhouse. (Wherry) (pgs. 71-83) ~Taken out of Order~

XI. NEW BUSINESS:
1. Action on Herons Ridge/Section C & D Development Contract. (Stuckert) (pgs. 84-114) ~Taken out of Order~
2. Action on authorizing the disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons. (Stuckert) (pgs. 115-118) ~Taken out of Order~

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 7:15 p.m., Thursday, July 10, 2008.

These minutes were approved Thursday, August 07, 2008.





Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, CMC
City Recorder