BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, DECEMBER 06, 2007, 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 for any changes (additions/deletions) to the agenda. No objections.

Vice-Mayor Hartz moved to amend the agenda to add New Business/Agenda Item 8: Action on rescheduling the Board of Commissioners Work Session scheduled for Tuesday, December 18, 2007 to Thursday, January 03, 2008 and rescheduling the BOC Regular Meeting from Thursday, January 03, 2008 to Thursday, January 10, 2008. No objections.

There being no other changes, Mayor Carmichael moved to accept the agenda as amended and allow the Chair to items out of order as deemed necessary, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates. The recipients for the month of December were: Jack Sams, Adam Hughes and Jose Bibiloni.

Mayor Carmichael yielded the floor to Lt. Warren Horton to present the Crime Report for the month of November. No objections.

NEW BUSINESS

1. Action on End of Warranty for Sterling Place/Phases II & III. (Stuckert) (pgs. 93-102)
Vice-Mayor Hartz moved to approve a Resolution authorizing the release of two Letters of Credit for Sterling Place/Phase 2 & 3, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye


2. Action on a request to place a construction sign on the property owned by Harding Academy located north of Highway 70 near Seed Tick Road. (Atkinson) (pgs. 103-106)
Commissioner Verschuur moved to deny the request to place a construction sign on the property owned by Harding Academy located north of Highway 70 near Seed Tick Road, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 4-1.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael nay

3. Action on Agreement with HESS Environmental Services for professional services related to the Environmental Protection Agency’s (EPA) Storm Water Phase II Regulations. (Stuckert) (pgs. 107-121)
Vice-Mayor Hartz moved to approve a Resolution authorizing a contract with Hess Environmental Service, Inc to perform consulting services related to Storm Water Phase II Regulations, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 3-1-1.
Hartz aye
Nicholson aye
Plunk nay
Verschuur abstain
Carmichael aye

6. Action on appointments to various Boards & Commissions: (pg. 129)
a. Design Review Commission
Commissioner Verschuur nominated Heidi Verbeek, Commissioner Nicholson nominated Lewis Cornett, Vice-Mayor Hartz nominated Cecil Tompkins, Mayor Carmichael nominated Jason Brownlee, Commissioner Verschuur nominated Sal Feraci, Commissioner Plunk nominated Terri Smith-Anderson, and Vice-Mayor Hartz nominated Nicole Wheetley. With no other nominations, Mayor Carmichael closed nominations. No objections.

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

Nomination for Lewis Cornett
Nomination failed, roll call vote, 2-2-1.
Nicholson aye
Hartz abstain
Plunk nay
Verschuur nay
Carmichael aye

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

Nomination for Jason Brownlee
Nomination failed, roll call vote, 1-4.
Hartz nay
Nicholson nay
Plunk nay
Verschuur nay
Carmichael aye

Nomination for Sal Feraci
Nomination failed, roll call vote, 2-2-1.
Verschuur aye
Hartz abstain
Nicholson nay
Plunk nay
Carmichael aye


Nomination for Terri Smith-Anderson
Nomination carried, roll call vote, 5-0.
Plunk aye
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

b. Parks & Recreation/Natural Resources Board
Commissioner Nicholson nominated Anthony Neri, Commissioner Plunk nominated Nicole Wheetley, Commissioner Verschuur nominated Shirlee Clark, Mayor Carmichael nominated Alison Ely, and Commissioner Verschuur nominated Boyd Ruppelt. No other nominations, Mayor Carmichael closed nominations. No objections.

Nomination for Anthony Neri
Nomination carried, roll call vote, 4-0-1.
Nicholson aye
Hartz aye
Plunk aye
Verschuur abstain
Carmichael aye

Nomination for Nicole Wheetley
Nomination carried, roll call vote, 4-1.
Plunk aye
Hartz aye
Nicholson aye
Verschuur nay
Carmichael aye

d. Board of Appeals
Commissioner Plunk nominated Ken Collins, Commissioner Verschuur nominated Boyd Ruppelt, Commissioner Nicholson nominated Tom Mitchell, and Mayor Carmichael nominated Tanya Wallace. No additional nominations, Mayor Carmichael closed nominations. No objections.

Nomination for Ken Collins
Nomination carried, roll call vote, 4-1.
Plunk aye
Hartz aye
Nicholson aye
Verschuur nay
Carmichael aye

Nomination for Boyd Ruppelt
Nomination failed, roll call vote, 2-1-2
Verschuur aye
Hartz aye
Nicholson abstain
Plunk abstain
Carmichael nay

Nomination for Tom Mitchell
Nomination passed, roll call vote, 5-0.
Nicholson aye
Hartz aye
Plunk aye
Verschuur aye
Carmichael aye

c. Economic Development Commission
Commissioner Nicholson nominated Boyd Ruppelt, Commissioner Verschuur nominated Shirlee Clark, Commissioner Plunk nominated Kumar Patel, and Vice-Mayor Hartz nominated Jeff Konieczny. There being no other nominations, Mayor Carmichael closed nominations. No objections.

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

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

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, November 01, 2007, 6:30 p.m. (pgs. 01-07)
2. Approval of 2008 Grass Mowing Contract. (Stuckert) (pgs. 08-21)
3. Approval to release Letter of Credit for the Preserve. (Bridges) (pgs. 22-23)
4. Approval of Enhancement Grant on Canada Road between I-40 and U.S. Highway 64 for a pedestrian/bicycle pathway. (Stuckert) (pgs. 24-27)
5. Approval of first reading of an Ordinance amending Article VII, Flood Plain Overlay Zone of the Zoning Ordinance. (Stuckert) (pgs. 28-59)
6. Approval of first 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. 60-63)
Commissioner Hartz moved to approve the Consent Agenda and adopt on first reading an Ordinance amending Article VII, Flood Plain Overlay Zone of the Zoning Ordinance and adopt on first reading an Ordinance to amend Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding enclosed patios, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 64-65) Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, 4-1(Plunk voting nay)

VII. PUBLIC DISCUSSION:


VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Status of purchase of Stonebridge Golf Course. (Wherry) (pg. 66)
¨ Status of purchase of property next to City Hall. (Wherry) (pg. 67)
¨ Report on Shelby County Law Enforcement Task Force and Shelby County Charter Committee. (Wherry) (pgs. 68-70)
¨ Report on solid waste collection with All Star regarding yard waste (leaf bags). (Wherry) (pg. 71)

IX. SEWERAGE COMMISSION BUSINESS:
1. Action to recommend to the BOC the acceptance of the low bid of Transway System, Inc. for a 3600 gallon vacuum tank truck. (Stuckert) (pgs. 72-90)
Vice-Mayor Hartz moved that the BOSC recommend to the BOC the acceptance of the low bid of Transway System, Inc. for a 3600 gallon vacuum tank truck, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

2. Action to recommend to the BOC amendments to Title 18, Chapter 2 regarding sewer service. (Stuckert) (pgs. 91-92)
Vice-Mayor Hartz moved to postpone action definitely on the amendments to Title 18, Chapter 2 regarding sewer service, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on End of Warranty for Sterling Place/Phases II & III. (Stuckert) (pgs. 93-102) ~Taken Out Of Order~
2. Action on a request to place a construction sign on the property owned by Harding Academy located north of Highway 70 near Seed Tick Road. (Atkinson) (pgs. 103-106) ~Taken Out Of Order~
3. Action on Agreement with HESS Environmental Services for professional services related to the Environmental Protection Agency’s (EPA) Storm Water Phase II Regulations. (Stuckert) (pgs. 107-121) ~Taken Out Of Order~
4. Action on recommendation from BOSC accepting bid for 3600 gallon vacuum truck. (Stuckert) (pgs. 122-123)
Vice-Mayor Hartz moved to approve Resolution authorizing the purchase of a 3600 gallon sewer vacuum truck, seconded by Commissioner Verschuur.


Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

5. 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. 124-128)
Mayor Carmichael moved to postpone indefinitely action on adopting on first reading of an Ordinance amending and creating certain sections of Title 18, Chapter 2 of the Lakeland Municipal Code pertaining to sewer.
Motion carried, voice vote, all in favor.

6. Action on appointments to various Boards & Commissions: (pg. 129) ~Taken Out Of Order~
a. Design Review Commission
b. Parks & Recreation/Natural Resources Board
c. Economic Development Commission
d. Board of Appeals

7. Action on Board of Commissioners liaisons to the various Boards & Commissions: (pg. 130)
a. Design Review Commission
Commissioner Verschuur was appointed as liaison to the Design Review Commission. No objections.

b. Parks & Recreation/Natural Resources Board
Commissioner Nicholson was appointed as liaison to the Parks & Recreation Board/Natural Resources Board. No objections.

e. Municipal Planning Commission
Commissioner Verschuur nominated Vice-Mayor Hartz to serve as the MPC liaison. Commissioner Plunk was nominated to serve as liaison to the MPC.
Nomination for Vice-Mayor Hartz
Nomination carried, roll call vote, 4-0-1.
Verschuur aye
Hartz aye
Nicholson aye
Plunk abstain
Carmichael aye

c. Economic Development Commission
Commissioner Plunk nominated Commissioner Nicholson to serve as liaison to the Economic Development Commission (Commissioner Nicholson declined nomination).

Vice-Mayor Hartz was appointed to serve as liaison to the Economic Development Commission. No objections.

d. Board of Appeals
Commissioner Plunk was appointed as the liaison of the Board of Appeals. No objections

XII. ANNOUNCEMENTS:

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 7:43 p.m., Thursday, December 06, 2007.

These minutes were approved Thursday, January 10, 2008.





Scott Carmichael, Mayor

ATTEST:





Sontidra Franklin, CMC
City Recorder