BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, OCTOBER 01, 2009, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER: The meeting was called to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Commissioners Barber, Hartz, Nicholson and Tompkins were present. City Attorney, David Lakin was present.

Mayor Carmichael opened the floor for any amendments (additions/deletions) to the agenda.

Commissioner Hartz moved to amend the agenda to add as New Business/Agenda Item 5: Action on Local Project Agreement Amendment No. 2 with the Tennessee Department of Transportation (TDOT) for the design and construction of Bike and Pedestrian Pathway along Canada Road between U.S. Highway No. 64 and Interstate No. 40. No objections.

With no other amendments to the agenda, Mayor Carmichael moved to adopt the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of October. The recipients were: Mr. Jeffery Whitney, Mr. Claude Ferguson, Mr. Mark Hession and Ms. Lori Jensen.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, September 03, 2009, 6:30 p.m. (pgs. 01-04)
2. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee to amend Chapter 2: Pre-Construction Inspections of the Lakeland Municipal Code. (Wherry/Morrissett) (pgs. 05-07)
3. Approval of first reading of an Ordinance of the City of Lakeland to amend the Fee Schedule, Monetary Deposits from $500 to $1500. (Wherry/Morrissett)
4. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to establish a fee for advertising for Public Notices. (Wherry) (pg. 08)
5. Approval of a Resolution scheduling BOC Retreat. (Wherry) (pg. 09)
6. Approval of authorizing additional monies to fund the City Hall Construction Contingency Account in the amount of $30,000. (Stuckert) (pgs. 10-12)

7. Approval of a Report requesting the Tennessee Department of Transportation to add Beverle Rivera on their State Urban Classification System and to the Memphis Shelby County Metropolitan Planning Organization to amend the 2030 long range Transportation Plan to add Beverle Rivera. (Stuckert)(pgs. 13-17)
8. Approval of declaring the 3 self contained breathing apparatus (SCBA’s) be determined as excess surplus equipment and that they be donated to Shelby County Sheriff’s Office. (Stuckert) (pgs. 18-21)
9. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to add a fee for the appeal processes. (Wherry/Atkinson) (pgs. 22-23)
Commissioner Hartz moved to approve the Consent Agenda and adopt on first reading an Ordinance of the City of Lakeland, Tennessee to amend Chapter 2: Pre-Construction Inspections o the Lakeland Municipal Code, adopt on first reading of an Ordinance of the City of Lakeland, Tennessee to amend the Fee Schedule, Monetary Deposits from $500 to $1500, adopt on final reading an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to establish a fee for advertising for Public Notices and first reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to add a fee for appeal processes, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

NEW BUSINESS
2. Action on appointment of interim (or annual) BOC Liaisons. (Board) (pg. 40)
Commissioner Nicholson moved to suspend the rules to discuss interim/annual BOC Liaisons, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

With no further discussion…

MPC Liaison
Commissioner Hartz nominated Commissioner Nicholson to serve as MPC Liaison. With no objections, Commissioner Nicholson was appointed by acclamation.

DRC Liaison
Commissioner Nicholson nominated Commissioner Tompkins to serve as DRC Liaison. With no objections, Commissioner Tompkins was appointed by acclamation.






NRB Liaison
Commissioner Barber nominated Commissioner Nicholson to serve as NRB Liaison. With no objections, Commissioner Nicholson was appointed by acclamation.

BOA Liaison
Commissioner Tompkins nominated Commissioner Hartz to serve as BOA Liaison. With no objections, Commissioner Hartz was appointed by acclamation.

PRB Liaison
Commissioner Nicholson nominated Commissioner Barber to serve as PRB Liaison. With no objections, Commissioner Barber was appointed by acclamation.

EDC Liaison
Commissioner Nicholson nominated Commissioner Tompkins to serve as EDC Liaison. With no objections, Commissioner Tompkins was appointed by acclamation.

Land Development Regulations Advisory Committee
Commissioner Hartz nominated Commissioner Barber to serve as the Land Development Regulations Advisory Committee Liaison. With no objections, Commissioner Barber was appointed by acclamation.

3. Action on appointment to the Board of Appeals. (Board) (pgs. 41-43)
Commissioner Hartz nominated Gerrit Verschuur to serve on the Board of Appeals, term to expire December 31, 2013, no objections. Gerrit Verschuur was appointed to the Board of Appeals by acclamation.

4. Action on request to release a Letter of Credit for the Preserve. (Morrissett/Bridges) (pgs. 44-47)
Commissioner Hartz moved to approve a Resolution authorizing the release of the Letter of Credit for the Preserve Subdivision, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 24-37)
Commissioner Hartz moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. 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:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on appointment of Vice-Mayor. (Board)
Commissioner Hartz moved to appoint Randy Nicholson as Vice- Mayor, no objections. Randy Nicholson was appointed as Vice-Mayor by acclamation.

2. Action on appointment of interim (or annual) BOC Liaisons. (Board) (pg. 40) ~Taken out of order~

3. Action on appointment to the Board of Appeals. (Board) (pgs. 41-43) ~Taken out of order~

4. Action on a request to release a Letter of Credit for the Preserve. (Morrissett/Bridges) (pgs. 44-47) ~Taken out of order~

5. Action on Local Project Agreement Amendment No. 2 with the Tennessee Department of Transportation (TDOT) for the design and construction of Bike and Pedestrian Pathway along Canada Road between U.S. Highway No. 64 and Interstate No. 40. (Stuckert)
Commissioner Hartz moved to approve a Resolution authorizing the Mayor to execute an amended Agreement No. 2 with the Tennessee Department of Transportation for the Design and Construction of a Bike and Pedestrian Pathway along Canada Road, seconded by Vice-Mayor Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Barber aye
Tompkins aye
Carmichael aye

XII. ANNOUNCEMENTS:




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

The meeting adjourned at 7:15 p.m., Thursday, October 01, 2009.

These minutes were approved Thursday, November 05, 2009.




Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder