BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, MAY 07, 2009, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: The meeting was called to order at 6:35 p.m.

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

Vice-Mayor Hartz moved to amend the agenda to add as New Business/Agenda Item 5: Action on authorizing a contract with TDOT (Tennessee Department of Transportation) for a locally managed project with the City of Lakeland for the design, environmental assessment, construction engineering and inspection, and construction of a new bike and pedestrian pathway along Canada Road between U.S. Highway 64 and Interstate 40; and New Business/Agenda Item 6: Action on a Resolution rescinding the Residential Development Contract between Kensington Group, LLC and the City of Lakeland dated and executed September 10, 2008, no objections.

Mayor Carmichael moved to adopt 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 May. The recipients were Maria Ponce Garcia, Craig & Elizabeth Jostes, Katie Love, David & Sherry Jackson.

BOARD OF SEWERAGE COMMISSION BUSINESS
1. Action on a recommendation to the BOC to adopt a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100. (Stuckert) (pg. 50)
Vice-Mayor Hartz moved to recommend to the BOC a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

NEW BUSINESS
4. Action on a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and to adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100. (Stuckert) (pgs. 64-66)


Commissioner Nicholson moved to approve a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and to adopt a Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-0.
Nicholson aye
Verschuur aye
Hartz aye
Carmichael aye

1. Action on a contract extension for Herons Ridge Subdivision Section C & D. (Stuckert)
Vice-Mayor Hartz moved to suspend the rules for discussion, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

After substantial discussion, Vice-Mayor Hartz moved to approve the contract extension for Herons Ridge Subdivision Section C & D, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, April 02, 2009, 6:30 p.m. (pgs. 01-04)
2. Approval of Professional (landscape and architectural) Service Agreement with Askew Hargraves, Harcourt & Associates, Inc. for Gateway Design in the amount of $8400. (Wherry) (pgs. 05-17)
3. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2009 through June 30, 2010. (Wherry/Hughes) (pgs. 18-19)
4. Approval of awarding Gibson Paving, Inc. a contract for Street Patching Calendar Year 2009/2010. (Stuckert) (pgs. 20-26)
5. Approval of awarding All Star Waste Systems, LLC a contract for litter and bulky waste collection. (Stuckert) (pgs. 27-31)
6. Approval of a contract with the Tennessee Stormwater Association for Green Development Grant. (Stuckert) (pgs. 32-43)
Commissioner Verschuur moved to approve the Consent Agenda and adopt on first reading an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2009 through June 30, 2010, 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: (pgs. 44-49)
Vice-Mayor Hartz moved to file the Treasurer’s Report, 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:

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation to the BOC to adopt a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100. (Stuckert) (pg. 50) ~Taken Out of Order~

2. Action on a recommendation to the BOC to adopt a Resolution rescinding Resolution 2007/05-40: Concept Sanitary Sewer Plan for Kensington Manor Planned Residential Development and establishing an expiration date and reducing the number of residential lots to 111. (Stuckert) (pg. 51)
Commissioner Verschuur moved to recommend to the BOC a Resolution rescinding Resolution 2007/05-40: Concept Sanitary Sewer Plan for Kensington Manor Planned Residential Development and establishing an expiration date and reducing the number of residential lots to 111. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:
1. Action on a Resolution authorizing Shelby County to collect the Ambulance Fee through the Fire Fee Collection System with the fee computed equally between the customers paying the fire fee. (Wherry) (pgs. 52-53)
Vice-Mayor Hartz moved to approve a Resolution authorizing Shelby County to collect the Ambulance Fee through the Fire Fee Collection System with the fee computed equally between the customers paying the fire fee, as amended seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-0.
Hartz aye
Verschuur aye
Nicholson aye
Carmichael aye

XI. NEW BUSINESS:
1. Action on a contract extension for Herons Ridge Subdivision Section C & D. (Stuckert) (pgs. 54-58) ~ Taken Out of Order~

2. Action on first reading of an Ordinance amending the City of Lakeland Fee Schedule Ordinance 07-105 pertaining to Road Cut and Boring Fees. (Stuckert) (pgs. 59-60)
Commissioner Verschuur moved to adopt on first reading an Ordinance amending the City of Lakeland Fee Schedule Ordinance 07-105 pertaining to Road Cut and Boring Fees, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 4-0.
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

3. Action on a Resolution rescinding Resolution 2007/05-40: Concept Sanitary Sewer Plan for Kensington Manor Planned Residential Development and establishing a new expiration date and reducing the number of residential lots to 111. (Stuckert) (pgs. 61-63)
Commissioner Verschuur moved to approve a Resolution rescinding Resolution 2007/05-40: Concept Sanitary Sewer Plan for Kensington Manor Planned Residential Development and establishing a new expiration date and reducing the number of residential lots to 111, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

4. Action on a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and to adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100. (Stuckert) (pgs. 64-66) ~Taken Out Of Order~

6. Action on a Resolution rescinding the Residential Development Contract between Kensington Group, LLC and the City of Lakeland dated and executed September 10, 2008. (Stuckert)
Vice-Mayor Hartz moved to approve a Resolution rescinding the Residential Development Contract between Kensington Group, LLC and the City of Lakeland dated and executed September 10, 2008, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye


5. Action on authorizing a contract with TDOT (Tennessee Department of Transportation) for a locally managed project with the City of Lakeland for the design, environmental assessment, construction engineering and inspection, and construction of a new bike and pedestrian pathway along Canada Road between U.S. Highway 64 and Interstate 40. (Stuckert)
Vice-Mayor Hartz moved to authorize a contract with TDOT for a locally managed project with the City of Lakeland for the design, environmental assessment, construction engineering and inspection, and construction of a new bike and pedestrian pathway along Canada Road between U.S. Highway 64 and Interstate 40, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:
• BOC Special Meeting, May 14, 2009, 5:30 p.m.

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

The meeting adjourned at 7:25 p.m., Thursday, May 07, 2009.

These minutes were approved Tuesday, June 09, 2009.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder