BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, DECEMBER 03, 2009, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: 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, Vice-Mayor Nicholson, Commissioners Barber, Hartz and Tompkins were present. City Attorney, David Lakin was present.

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

Vice-Mayor Nicholson moved to amend the agenda to add as New Business/Agenda Item 3: Action rescheduling the 2010 BOC Retreat (Saturday, January 30, 2010). No objections.

There being no additional amendments to the agenda, Mayor Carmichael moved to adopt the agenda as amended and to 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” Awards for the month of December. The recipients were Stephanie Lemont, William Bailey, David Latham and Scott Daniel.

With no objections, Lt. Warren Horton, Shelby County Sheriff’s Department presented the Crime Report for the month of November.

Mayor Carmichael yielded the floor to Sheriff Mark Luttrell, Shelby County Sheriff’s Department. No objections.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, November 05, 2009, 6:30 p.m. (pgs. 01-04)
2. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to add a fee for appeal processes. (Atkinson) (pg. 05)
3. Approval of final reading of an Ordinance of City of Lakeland, Tennessee amending the Official Zoning Map of the City of Lakeland to rezone certain property owned by Belz Investco, LP (also known ad Water’s Edge) as described herein from R-1 (Single Family Residential) and C-2 (General Business) to R-1 (Single Family Residential); and provide an effective date. (Atkinson)
4. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending Ordinance 08-128 pertaining to Sanitation Fees. (Stuckert) (pg. 11)

Commissioner Hartz moved to approve the Consent Agenda and adopt on final reading an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to add a fee for appeal processes; adopt on final reading of an Ordinance of the City of Lakeland, Tennessee amending the Official Zoning Map of the City of Lakeland to rezone certain property owned by Belz Investco, LP (also known as Water’s Edge) as described herein from R-1 (Single Family Residential) and C-2 (General Business) to R-1 (Single Family Residential); and provide an effective date; and to adopt on final reading an Ordinance of the City of Lakeland, Tennessee amending Ordinance 08-128 pertaining to Sanitation Fees, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

NEW BUSINESS
2. Action on appointment of members to Boards & Commissions:
a. Municipal Planning Commission (Mayor Carmichael)
Mayor Carmichael appointed Mr. Larry Pardue to serve on the Municipal Planning Commission for a three (3) year term (expiring on December 31, 2012) effective immediately.

b. Design Review Commission
Commissioner Tompkins nominated Ms. Shirlee Clark to serve on the Design Review Commission; Commissioner Hartz nominated Jerry James to serve on the Design Review Commission; Mayor Carmichael nominated Celia Abbott to serve on the Design Review Commission.

By Consensus of the Board of Commissioners, Ms. Shirlee Clark, Mr. Jerry James and Ms. Celia Abbott were appointed to serve on the Design Review Commission for a two (2) year term, expiring on December 31, 2011. No objections, all in favor.

c. Economic Development Commission
Commissioner Tompkins nominated Ms. Heidi Verbeek; Commissioner Hartz nominated Ms. Terri Smith-Anderson; Commissioner Barber nominated Mr. Josh Roman, Vice-Mayor Nicholson nominated Francis Fairley and Mayor Carmichael nominated Ms. Lynelle Robinson.

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


Nomination for Ms. Terri Smith-Anderson
Nomination carried, roll call vote, 5-0.
Hartz aye
Barber aye
Nicholson aye
Tompkins aye
Carmichael aye

Nomination for Mr. Josh Roman.
Nomination carried, roll call vote, 5-0.
Barber aye
Hartz aye
Nicholson aye
Tompkins aye
Carmichael aye

Nomination for Francis Fairley.
Nomination carried, roll call vote, 5-0.
Nicholson aye
Barber aye
Hartz aye
Tompkins aye
Carmichael aye

Ms. Heidi Verbeek, Ms. Terri Smith-Anderson, and Mr. Josh Roman were appointed to the Economic Development Commission to serve a three (3) year term, expiring on December 31, 2012. Mr. Francis Fairley was appointed to serve the remainder of a three (3) year term, expiring on December 31, 2010.

d. Board of Appeals
Commissioner Hartz nominated Jo Ann Cohen to the Board of Appeals.

With no objections, Jo Ann Cohen was appointed to the Board of Appeals to serve a three (3) term, expiring on December 31, 2012.

e. Natural Resources Board
By consensus of the Board of Commissioners, Mr. Samuel Carr and Mr. Jim Schultz were appointed to the Natural Resources Board to serve a three (3) year term, expiring on December 31, 2012. Mr. Richard Bryant was appointed to serve the remainder of a three year term, expiring on December 31, 2010.



f. Parks & Recreation Board
As a consensus of the Board of Commissioners, Mr. Clayton Rogers and Ms. Lynelle Robinson were appointed to the Parks & Recreation Board to serve a three (3) year term, expiring on December 31, 2012.

OLD BUSINESS
1. Action on final reading of an Ordinance of the City of Lakeland, Tennessee establishing a Storm Water Board of Appeals to review civil penalties or damage assessments, dealing with stormwater. (Stuckert)
Commissioner Hartz moved to suspend the rules for discussion, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to adopt on final reading an Ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damages assessments dealing with storm water, seconded by Vice-Mayor Nicholson.

Commissioner Barber moved to amend Section 2. Membership, Term and Procedure to read as follows: The Board shall be composed of three (3) citizens of Lakeland with significant experience and knowledge in the field of Stormwater Management Regulations and Pollution Control Plans. Said Board shall be appointed by the Board of Commissioner. The initial term of one member shall be one (1) year, the initial term of the second member shall be two (2) years and the initial term of the third member shall be three (3) years; thereafter terms shall be three (3) years. Procedures shall be provided in the By-Laws, seconded by Vice-Mayor Nicholson.
Amendment carried, roll call vote, 5-0.
Barber aye
Nicholson aye
Hartz aye
Tompkins aye
Carmichael aye

Motion to adopt on final reading an Ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damage assessments dealing with Storm water, as amended.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Barber aye
Tompkins aye
Carmichael aye

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

VI. TREASURER’S REPORT:
Vice-Mayor Nicholson 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 first reading of an Ordinance of the City of Lakeland, Tennessee amending Section 12-201, 12-202, 12-203, and 12-204 of the Lakeland Municipal Code pertaining to Title and Purpose, Requirement of Inspections, Requirement of Deposits and Revocation of Deposits.
Commissioner Hartz moved to adopt on first reading and Ordinance of the City of Lakeland, Tennessee amending Section 12-201, 12-202, 12-203, and 12-204 of the Lakeland Municipal Code pertaining to Title and Purpose, Requirement of Inspections, Requirement of Deposits and Revocation of Deposits, seconded by Commissioner Barber.
Motion carried, roll call vote, 5-0.
Hartz aye
Barber aye
Hartz aye
Tompkins aye
Carmichael aye

2. Action on appointment of members to Boards & Commissions: (pgs. 35-104)
a. Municipal Planning Commission (Mayor Carmichael)
b. Design Review Commission
c. Board of Appeals
d. Economic Development Commission
e. Natural Resources Board
f. Parks & Recreation Board

3. Action on rescheduling the 2010 BOC Retreat (Saturday, January 30, 2010).



Commissioner Hartz moved to suspend the rules for discussion, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to approve a Resolution entitled: A Resolution rescheduling the January 30, 2010 BOC Retreat, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 7:40 p.m., Thursday, December 03, 2009.

These minutes were approved Thursday, January 07, 2010.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder