BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, DECEMBER 04, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor called the meeting to order at 6:30 p.m. Invocation and pledge was given by Vice-Mayor Mark Hartz.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson, Plunk and Verschuur 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 Commissioner Plunk. Motion carried, voice vote, all in favor.

Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of December. The recipients were Mr. Jeffrey Dodson, Mr. Guion MaGee, Ms. Christy Willard and Mr. Sandy Cohen. No objections.

Mayor Carmichael presented a Proclamation to Brenda Lockhart, Parks Director for her efforts and contribution in the City of Lakeland receiving the Tennessee Recreation & Parks Association “Four Star Award for “Best New Facility” for Cities with population ranging in 10,000 to 20,000, the City of Lakeland being the recipient of the “Tier One Benchmarking Award”. No objections.

PUBLIC DISCUSSION
• Hank Hess • 9200 Green Spruce • addressed the Board regarding Boards/Commissions appointments.
• Tanya Wallace • 10100 Carly Drive • addressed the Board regarding Boards/Commissions appointments.
• Kumar Patel • 3800 Piper Bay • addressed the Board regarding Boards/Commissions appointments.
• Jeff Moder • 5200 Toni Rose Drive • addressed the Board regarding Boards/Commissions appointments.

III. PUBLIC HEARING:
• AN ORDINANCE AMENDING ORDINANCE 07-105 PERTAINING TO SANITARY SEWER USER RATES, SANITARY SEWER RECAPTURE FEES, STORM SEWER FEES, AND SANITATION FEES. (pg. 01)

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, November 06, 2008, 6:30 p.m. (pgs. 02-08)
2. Approval of final reading of an Ordinance of the City of Lakeland amending the Municipal Code, Title 2 Boards & Commissions, Chapter 2


Lakeland Design Review Commission, Section 2-202, 2-204 and 2-208. (Wherry) (pgs. 09-10)
3. Approval of final reading of 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. (Stuckert) (pgs. 11-15)
4. Approval of recommendation of the Woodbridge Home Owners Association to appoint Mr. Jim Rutledge as their representative to the New Canada Road Stakeholder’s Committee instead of Mr. David Lookadoo. (Stuckert) (pg. 16)
5. Approval of Fiscal Year 2007/2008 Audit. (Wherry/Hughes) (pg. 17)
6. Approval of Resolution adopting Fiscal Year 2008/2009 Storm Water Phase II Financial Plan. (Stuckert) (pgs. 18-24)
7. Approval of Resolution rescheduling BOC January Meeting to Monday, January 5, 2009. (Wherry) (pg. 25)
Vice-Mayor Hartz moved to approve the Consent Agenda and adopt on final reading a Ordinance of the City of Lakeland amending the Municipal Code, Title 2 Boards & Commissions, Chapter 2 Lakeland Design Review Commission, Section 2-202, 2-204 and 2-208; and adopt on final 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 Commissioner Verschuur. Motion carried, voice vote, all in favor.

NEW BUSINESS:
1. Action on MPC recommendation to approve Equestria Secondary Detailed Development Plan. (Higbee) (pgs. 42-43)
Commissioner Verschuur moved to approve a Resolution to approve a Secondary Detailed Development Plan for Equestria Phase 1, seconded by Commissioner Plunk.

Vice-Mayor Hartz moved to amend the Resolution to delete #8 – The Developer shall provide a dry laid 2” force main from the northern most manhole located in Lakeland Trace to a point located at roughly the mid point of the park site along Lakeland Trace; and renumber, seconded by Commissioner Nicholson.
Amendment carried, roll call vote, 3-2.
Hartz aye
Nicholson aye
Plunk aye
Verschuur nay
Carmichael nay

(*)Original Motion to approve Resolution to approve a Secondary Detailed Development Plan for Equestria Phase 1, as amended.

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

3. Action on Resolution authorizing an amendment to the Contract between the City of Lakeland and All Star Waste Systems, LLC dated March 16, 2008 dealing with sanitation services. (Stuckert)
Vice-Mayor Hartz moved to approve a Resolution authorizing an amendment to the Contract between the City of Lakeland and All Star Waste Systems, LLC dated March 16, 2006, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 3-2.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael nay

4. Action on appointment/re-appointment of citizen members to various Boards & Commissions, term beginning January 2009. (Board)
Design Review Commission
Position 1
Commissioner Verschuur nominated Sal Feraci; Vice-Mayor Hartz nominated Kumar Patel; Commissioner Plunk nominated Jeff Moder.
Nomination for Sal Feraci carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Position 2
Commissioner Nicholson nominated Lewis Cornett; Commissioner Plunk nominated Jeff Moder.
Nomination for Lewis Cornett carried, roll call vote, 3-1-1.
Nicholson aye
Hartz aye
Plunk nay
Verschuur pass
Carmichael aye





Position 3
Commissioner Plunk nominated Jeff Moder; Commissioner Verschuur nominated Kumar Patel.
Nomination for Jeff Moder carried, roll call vote, 5-0.
Plunk aye
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

Economic Development Commission
Position 1
Vice-Mayor Hartz nominated John Dudas; Commissioner Verschuur nominated Tanya Wallace.
Nomination for John Dudas carried, roll call vote, 3-2
Hartz aye
Nicholson nay
Plunk nay
Verschuur aye
Carmichael aye

Position 2
Vice-Mayor Hartz nominated Tanya Wallace; Commissioner Verschuur nominated Kumar Patel
Nomination for Tanya Wallace carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

Parks & Recreation Board
Position 1
Commissioner Nicholson nominated Hank Hess; Commissioner Verschuur nominated John Ward.
Nomination for Hank Hess carried, roll call vote, 4-1.
Nicholson aye
Hartz aye
Plunk nay
Verschuur aye
Carmichael aye

Position 2
Commissioner Verschuur nominated John Ward; Commissioner Nicholson nominated Mike Fortner; Vice-Mayor Hartz nominated Kumar Patel.

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

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

III. TREASURER’S REPORT: (pgs. 26-31)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 4-1 (Plunk)

IV. PUBLIC DISCUSSION:
• Opportunity for applicants applying for Boards and Commissions (Board of Appeals, Design Review Commission, Parks & Recreation Board, Natural Resources Board, Economic Development Commission) to appear before the Board of Commissioners and present their qualifications/interests in being appointed.

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

VI. SEWERAGE COMMISSION BUSINESS:

VII. OLD BUSINESS:
1. Action on final 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) (pgs. 32-41)
Vice-Mayor Hartz moved to adopt on final reading an Ordinance amending 07-105 pertaining to Sanitary Sewer User Rates, Sanitary Sewer Recapture Fees, Storm Sewer Fees, and Sanitation Fees, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

Mayor Carmichael moved to reconsider Old Business/Agenda Item 1: Final Reading of an Ordinance amending Ordinance 07-105 pertaining to Sanitary Sewer User Rates, Sanitary Sewer Recapture Fees, Strom Sewer Fees, and Sanitation Fees, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Commissioner Nicholson moved to postpone this item until the next called meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.




VIII. NEW BUSINESS:
1. Action on MPC recommendation to approve Equestria Secondary Detailed Development Plan. (Higbee) (pgs. 42-43)
2. Action on Resolution for reimbursement for authorized expenses:
a. Request from Arlington High School PTA for reimbursement of expenses up to $1,500 (or amount designated by the Board) for window blinds. (Wherry) (pgs. 44-45)
Commissioner Plunk moved to approve a Resolution approving funds up to $1500 for Arlington High School PTSA, seconded by Mayor Carmichael.
Motion failed, roll call vote, 2-3.
Plunk aye
Hartz nay
Nicholson nay
Verschuur nay
Carmichael aye

b. Resolution authorizing the City Manager to approve reimbursement for eligible expenses up to $1,000 per school (or amount designated by the Board) upon requests from specified Shelby County Schools outside of the Lakeland city limits (Barrett’s Chapel Elementary School, Arlington Middle School, Bon Lin Middle School, Arlington High School, Bolton High School). (Wherry) (pg. 46)
Vice-Mayor Hartz moved to approve a Resolution allocating funds to reimburse up to $1000 for Shelby County Schools servicing Lakeland Students, seconded by Mayor Carmichael.
Motion failed, roll call vote, 2-3.
Hartz aye
Nicholson nay
Plunk nay
Verschuur nay
Carmichael aye

3. Action on a Resolution authorizing an amendment to the Contract between City of Lakeland and All Star Waste Systems, LLC dated March 16, 2008 dealing with sanitation services. (Stuckert) ~Taken Out Of Order~
4. Action on appointment/re-appointment of citizen members to various Boards and Commissions, term beginning January 2009. (Board) ~Taken Out Of Order~



5. Action on BOC liaison appointment to various Boards & Commissions. (Board)
With no objections, Commissioner Verschuur will be the BOC Liaison to the Board of Appeals and Commissioner Plunk will be the BOC Liaison to the Design Review Commission. Term beginning January 01, 2009 and expiring on December 31, 2009.

IX. ANNOUNCEMENTS:
• Lakeland Holiday Parade – Saturday, December 06th
• Christmas Holiday – December 24th – 26th
**City Hall Closed**

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

The meeting adjourned at 7:40 p.m., Thursday, December 04, 2008.

These minutes were approved on Monday, January 05, 2009.





Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, CMC
City Recorder