BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, NOVEMBER 06, 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 was given by Bro. Joe Capebianco (Pastor of First Baptist Lakeland) and the pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

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

There being no amendments to the agenda, Mayor Carmichael moved to accept the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of November. The recipients were Mr. Charles Boydstun, Jr., Mr. Dean Pannell, Mr. Gary Johnson and Ms. Ann Forsyth.

PUBLIC DISCUSSION

• Wes Misenhelter • 3900 Forest Pointe Lane • Spoke in support of Lakeland Commons.
• Guy Forney • 10000 Santa Rosa Drive, Atoka • Spoke in regard to the “dam breach” – Lakeland Commons.
• Mark Lawrence • 9200 Salem Road • Spoke in support of Lakeland Commons.
• Kevin McDonald • 9500 Memphis-Arlington Road • Spoke in opposition of Lakeland Commons.
• Bill May • 10900 Chapel Hill Road • Spoke in support of Lakeland Commons.
• Larry Hamilton • Memphis Arlington Road • Spoke in support of Lakeland Commons.
• Walter Cornic • 3900 Forest Pointe Lane • Spoke in support of Lakeland Commons.
• Lisa Cornic • 3900 Forest Pointe Lane • Spoke in support of Lakeland Commons.
• Bob Davis • 9600 Wood Green Lane • Spoke in support of Lakeland Commons.
• Jim McCarter • 3000 Stonecrest Circle • Spoke in support of Lakeland Commons.
• Sid Kelly • 9900 Promotory Cove • Spoke in support of Lakeland Commons.
• Loren Martin • 10000 Gillespie Oak Cove • Spoke in opposition of Lakeland Commons.


• Susan Conner • 9400 Canabridge Drive • Spoke in support of Lakeland Commons.
• Tanya Wallace • 10100 Carly Drive • Spoke in opposition of Lakeland Commons.
• Lou Powell • 4400 Ravenwood Oak Drive • Spoke in opposition of Lakeland Commons.
• Kim Donovan • 9900 Memphis-Arlington Road • Spoke in opposition of Lakeland Commons.
• Shirlee Clark • 9600 Memphis-Arlington Road • Spoke in opposition of Lakeland Commons.
• Teresa Henry • 4600 Mitchwood Oak Drive • Spoke in opposition of Lakeland Commons. (Letter read by Shirlee Clark)
• Gary Ton • 4500 Ravenwood Oak Drive • Spoke in opposition of Lakeland Commons.
• Renee Dominguez • 5200 Ivy Creek Lane • Spoke in opposition of Lakeland Commons.
• Patti Russell • 10000 Iberville Cove • Spoke in opposition of Lakeland Commons.
• Don Austin • 10000 Iberville Cove • Spoke in opposition of Lakeland Commons.
• Tom Miller • 9600 U.S. Highway 70 • Spoke in opposition of Lakeland Commons.
• Denzel Garner • 4200 Herons Pond Lane • Spoke in opposition of Lakeland Commons.
• Ande Payne • 4300 Oak Point Circle • Spoke in support of Lakeland Commons.
• Bahadir Demirorsz • 4100 Herons Landing Lane • Spoke in opposition of Lakeland Commons.
• Ken Glatzer • 10200 Herons Ridge Drive • Spoke in opposition of Lakeland Commons.
• Vince Smith (Development) • Spoke on behalf of Lakeland Commons.
• David Shores (Development) • Spoke on behalf of Lakeland Commons.
• Richard Spore (Development) • Spoke on behalf of Lakeland Commons.
• James Dugan (Development) • Spoke on behalf of Lakeland Commons.
• Rick Winchester (Developer) • Spoke on behalf of Lakeland Commons.

NEW BUSINESS
1. Action on MPC recommendation for denial of Lakeland Commons Planned Development Plan. (Higbee)


Vice-Mayor Hartz moved that the Board of Commissioners deny approval of Lakeland Commons Planned Development Plan, based on the recommendation of the Municipal Planning Commission, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye

Mayor Carmichael called for a five (5) minute recess. No objections.

The meeting reconvened at 8:55 p.m.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, Thursday, October 02, 2008, 6:30 p.m.
2. Approval of final reading of an Ordinance creating Chapter 3 of Title 16 of the Lakeland Municipal Code establishing New Regulations governing road cuts and borings, requiring a permit and establishing a fee. (Stuckert)
3. Approval of final reading of an Ordinance of the City of Lakeland amending Section 5-101 of the Lakeland City Code to provide for Official Depositories for City Accounts. (Wherry)
4. Approval of final reading of an Ordinance amending the Municipal Code, Title 13, Chapter 4, Lakeland Tree Management Ordinances. (Bridges)
5. Approval of first reading of an Ordinance amending Ordinance 07-105 (Ordinance adopting the latest Fee Schedule) amending the Fee Schedule pertaining to Sanitary Sewer User Rates, Storm Sewer Fees and Sanitation Fees. (Stuckert)
6. Approval of a Resolution authorizing the purchase and installation of an emergency warning siren. (Wherry)
7. Approval of a Resolution authorizing the advertisement for appointment/reappointment of positions vacant on Boards and Commissions. (Boards)
8. Approval of a Resolution declaring Friday, December 26, 2008 a holiday and authorizing the closing of City Hall. (Wherry)
Commissioner Nicholson moved to approve the Consent Agenda and adopt on first reading an Ordinance amending Ordinance 07-105 amending the Fee Schedule pertaining to Sanitary Sewer User Rates, Storm Sewer Fees and Sanitation Fees; adopt on final reading an

Ordinance creating Chapter 3 of Title 16 of the Lakeland Municipal Code establishing New Regulations governing road cuts and borings, requiring a permit and establishing a fee; adopt on final reading an Ordinance of the City of Lakeland amending Section 5-101 of the Lakeland City Code to provide for Official Depositories for City Accounts; and adopt on final reading an Ordinance of the City of Lakeland amending the Municipal Code, Title 13, Chapter 4 Lakeland Tree Management Ordinance to adopt a policy of assuming responsibility for hazardous trees located within the publicly dedicated rights-of-way, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

NEW BUSINESS
2. Action on Lakeland’s 2008 Holiday Parade. (Staff)
a. Approval of $3,000 for reimbursement of authorized expenses.
Vice-Mayor Hartz moved to approve a Resolution of the City of Lakeland Board of Commissioners approving up to $3,000 for reimbursement for approved expenses for the Lakeland Holiday Parade on Saturday, December 06, 2008, seconded by Commissioner Verschuur. (*)

With no objections, Mayor Carmichael yielded the floor to Kathy Reagan of 4000 Pheasant Hill Cove South to speak in support of changing the name of the Holiday Parade to Christmas Parade.

Commissioner Plunk moved to amend the motion to approve $3,000 reimbursement contingent on renaming the Lakeland Holiday Parade to Lakeland Christmas Parade, seconded by Vice-Mayor Hartz.
Motion to amend failed, roll call vote, 1-4.
Plunk aye
Hartz nay
Nicholson nay
Verschuur nay
Carmichael nay

(*) Original Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye

b. Approval of Sign Plan.
Commissioner Verschuur moved to approve a Resolution of the Lakeland Board of Commissioners approving a Sign Plan for the Lakeland Holiday Parade, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.


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

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:
1. Action on a recommendation to the BOC to adopt first reading of an Ordinance amending Ordinance 07-105 pertaining to sanitary sewer user rates, sanitary sewer recapture fees, storm sewer fees and sanitation fees. (Stuckert)
Commissioner Verschuur moved to recommend to the BOC to adopt on first reading an Ordinance amending Ordinance 07-105 pertaining to sanitary sewer user rates, sanitary sewer recapture fees, storm sewer fees and sanitation fees, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

2. Action on a recommendation to the BOC to adopt first reading of an Ordinance establishing Title 18, Chapter 7 of the Lakeland Municipal Code establishing new regulations governing the disbursement of sewer development fees for over-sizing of Wastewater Collection Systems. (Stuckert)
Vice-Mayor Hartz moved to recommend to the BOC to adopt on first reading an Ordinance establishing Title 18, Chapter 7 of the Lakeland Municipal Code establishing new regulations governing the disbursement of sewer development fees for over-sizing of Wastewater Collection Systems, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:
1. Action on appointments of New Canada Road Stakeholders Committee. (Stuckert)
Commissioner Verschuur recommended voting on each individual. No objections.
North – Vice-Mayor Hartz nominated Robert Elliot, Nomination carried, consensus; Vice-Mayor Hartz nominated Jay Conrad, Nomination carried, consensus.



South – Commissioner Nicholson nominated Pat Smith, Nomination carried, consensus; Commissioner Verschuur nominated James Farris, Nomination carried, roll call vote, 4-1(Plunk); Commissioner Plunk nominated Karl Koch (no action taken)

At-Large – Vice-Mayor Hartz nominated Shirlee Clark, Nomination carried, consensus; Vice-Mayor Hartz nominated Randy Brockwell, Nomination carried, roll call vote, 3-2 (Nicholson/Plunk); Commissioner Plunk nominated Rudolph Jones (no action taken)

2. Action on appointment of Board of Commissioner Liaison for the New Canada Road Stakeholders Committee.
Commissioner Vershuur nominated Vice-Mayor Hartz as the BOC liaison to the New Canada Road Stakeholder’s Committee. Nomination carried, consensus.

XI. NEW BUSINESS:
1. Action on MPC recommendation for denial of Lakeland Commons Planned Development Plan. (Higbee) (Taken out of order)
2. Action on Lakeland’s 2008 Holiday Parade. (Staff) (Taken out of order)
a. Approval of $3000 for reimbursement of authorized expenses.
b. Approval of Sign Plan.
3. Action on first reading of an Ordinance to prohibit signs in the rear yard of reversed frontage lots. (Atkinson)
Vice-Mayor Hartz moved to adopt on first reading an Ordinance to prohibit signs in the rear yard of reversed frontage lots, seconded by Commissioner Verschuur.
Motion failed, roll call vote, 1-4.
Hartz aye
Verschuur nay
Nicholson nay
Plunk nay
Carmichael nay

4. Action on recommendation from BOSC to adopt on first reading an Ordinance regarding Sanitary Sewer Fee in and around certain properties of Fairway Meadows. (Stuckert)
Commissioner Verschuur moved to adopt on first reading an Ordinance amending Ordinance 07-105 pertaining to Sanitary Sewer User Rates, Sanitary Sewer Recapture Fees, Storm Sewer Fees, and Sanitation Fees, seconded Commissioner Nicholson. Motion carried, voice vote, all in favor.


5. Action on recommendation from BOSC to adopt on first reading an Ordinance establishing Title 18, Chapter 7 of the Lakeland Municipal Code establishing new regulations governing the disbursements of sewer development fees for over-sizing of Wastewater Collection Systems. (Stuckert)
Commissioner Verschuur moved to adopt on first reading an Ordinance creating Chapter 7, within Title 18 of the Lakeland Municipal Code establishing New Regulations governing the disbursement of Sewer Development Fees for over-sizing of Wastewater Collection Systems, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:
o Veteran’s Day Holiday – November 11th
o Thanksgiving Day Holiday – November 27th -28th
**City Hall will be closed**
o Volunteer Appreciation Dinner – Tuesday, December 02nd
**Club Windward**

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

The meeting adjourned at 9:30 p.m., Thursday, November 06, 2008.

These minutes were approved Thursday, December 04, 2008.




Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, CMC
City Recorder