Wednesday, April 15, 2009

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, MARCH 05, 2009, 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 was 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 (electronically) were present. City Attorney David Lakin was present.

Vice-Mayor Hartz moved to amend the agenda to add New Business Agenda Item 5: Action on approval of bids for City Hall Expansion and to adopt the agenda as amended, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

With no objections, Vice-Mayor Hartz moved to remove Item 2: Approval of Resolution for fountain installation in Herons Ridge Subdivision from the Consent Agenda.

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, February 05, 2009, 6:30 p.m.
3. Approval of release of Letter of Credit for Evergreen Hills Subdivision. (Staff)
Vice-Mayor Hartz moved to approve consent agenda as amended, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMCS REMOVED FROM THE CONSENT AGENDA:
2. Approval of a Resolution for fountain installation in Herons Ridge Subdivision.
Vice-Mayor Hartz moved to approve Resolution authorizing approval of an agreement with the Herons Ridge Homeowners Association and GGM, LLC to install and maintain an aerating fountain in the retention pond on City of Lakeland property located in the Herons Ridge Subdivision at Oakridge Park, seconded by Commissioner Verschuur with friendly amendment to include (, and attorney fees,) in paragraph 3 of attachment.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

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:
• Opportunity for applicants applying for the Natural Resources Board to appear before the Board of Commissioners and present their qualifications/interests in being appointed.

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

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on recommending a contract to finish and install a sewage lift station emergency generator at Lift Station No. 21 (4821 Maple Walk Drive- Grove Estates) (Stuckert)
Commissioner Verschuur moved to recommend that the Board of Commissioners authorize a contract with Gephart Electric Construction Company for a new Sewage Lift Station Emergency Generator.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on authorizing a contract amendment with Fisher & Arnold for work associated with the New Canada Road Project. (Stuckert)
Vice-Mayor Hartz moved to approve a Resolution authorizing a contract amendment with Fisher and Arnold, Inc., for additional professional services related to New Canada Road Project, in the amount of $84,830.00, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action regarding a study of selected retail typologies to determine appropriate requirements for retail development sites within Subdivision Types II, III, and IV, as recommended in the draft Land Development Regulations (pending). (Higbee)
Vice-Mayor Hartz moved to accept the EDC recommendation regarding a study of selected retail typologies to determine appropriate requirements for retail developments sites within Subdivision II, III, and IV as recommended in the draft Land Development Regulations. Motion failed for lack of a second.

Vice-Mayor Hartz moved to suspend the rules to discuss new business agenda item 2, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

EDC Chairman Connie Hess 9700 Green Spruce Drive and EDC member Tanya Wallace 10000 Carly Drive spoke in favor of new business agenda item 2.

Vice-Mayor Hartz moved to approve recommendation from the EDC to approve a study of selected retail typologies to determine appropriate requirements for retail developments sites within Subdivision II, III, and IV as recommended in the draft Land Development Regulation with a friendly amendment not to exceed $15,000, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 3-2.
Hartz aye
Verschuur aye
Nicholson nay
Plunk nay
Carmichael aye

3. Action on authorizing a contract to finish and install sewage lift station emergency generator at Lift Station No. 21 (4821 Maple Walk Drive – Grove Estates). (Stuckert)
Commissioner Verschuur moved to approve a Resolution authorizing a construction contract with Gephart Electric Construction Company for a sewage lift station emergency generator, seconded by Vice-Mayor Hartz.
Motion carried, voice vote, all in favor.

4. Action on appointment of Natural Resources Board member. (Board)
Commissioner Nicholson nominated Richard Bryant to serve on the Natural Resources Board.
Appointment carried, roll cal vote 4-1.
Hartz aye
Nicholson aye
Plunk aye
Verschuur abstain
Carmichael aye

5. Action on bids for City Hall Expansion.
Vice-Mayor Hartz moved to approve Resolution approving bid for the City Hall Expansion Project, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye


XII. ANNOUNCEMENTS:
• BOC Work Session – Thursday, March 19, 2009, 6:30 p.m.

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

The meeting adjourned at 8:05 p.m., Thursday, March 5, 2009.

These minutes were approved Thursday, April 02, 2009.




_____________________________________
Scott Carmichael, Mayor

ATTEST:



____________________________________
Sontidra Thomas, CMC
City Recorder
SPECIAL CALLED MEETING FOR
MONDAY, FEBRUARY 23, 2009, 6:15 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


The City Manager requested the City Recorder to call a Special Meeting of the Board of Commissioners/Board of Sewerage Commission as the welfare of the City demands it.

The Character of Business to be discussed and possible action taken at such meeting shall be as follows:

• Discussion and/or possible action on contract/proposal for Public Relations services from Obsidian. (Wherry)

• Discussion and/or possible action on Sewer Rate Structure. (Wherry/Stuckert)

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:15 p.m., Monday, February 23, 2009.

This written notice shall be posted and served personally at least twelve (12) hours prior to the Special Called Meeting to each Commissioner, the City Manager, Recorder and Attorney or left at such person’s usual place of residence in accordance to TCA § 6-20-208.



SPECIAL MEETING MINUTES

The Special Meeting was called to order at 6:20 p.m.

Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson and Verschuur (electronically) were present. Commissioner Plunk arrived at 6:30 p.m. City Attorney, David Lakin was present.

Vice-Mayor Hartz moved to approve a contract/proposal for public relations services from Obsidian, seconded by Mayor Carmichael.
Motion failed, roll call vote, 0-4.
Hartz nay
Nicholson nay
Verschuur nay
Carmichael nay

Vice-Mayor Hartz moved to recommend to the Board of Commissioners approval of first reading of an Ordinance amending Ordinance 07-105 pertaining to sewer user rates, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 3-2.
Hartz aye
Nicholson aye
Plunk nay
Verschuur aye
Carmichael nay

Vice-Mayor Hartz moved to adopt on first reading an Ordinance amending Ordinance 07-105 pertaining to sewer user rates, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 3-2.
Hartz aye
Nicholson aye
Plunk nay
Verschuur aye
Carmichael nay

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

The meeting adjourned at 6:40 p.m., Monday, February 23, 2009.

These minutes were approved Thursday, April 02, 2009.





Scott Carmichael, Mayor

ATTEST:




Sontidra Thomas, CMC
City Recorder