BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JANUARY 07, 2010, 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 was given by Pastor of Refuge Church and the 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.

With no objections, Mayor Carmichael yielded the floor to the City Recorder to administer the Oath of Office to the members who were appointed to the Various Boards & Commissions.

Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of January. The recipients were Alma Abuelouf, Steve Carney, Janet Harding, and Joseph Dudek.

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

Vice-Mayor Nicholson recommended to amend the agenda to add: New Business/Agenda Item 2: Action on changing the January Work Session date from Monday, January 25th to Tuesday, January 26th. No objections.

There being no other 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 Barber. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, December 03, 2009, 6:30 p.m. (pgs. 01-06)
2. Approval of final 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. (Stuckert) (pgs. 07-09)
3. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee changing the day for the Board of Commissioners Work Session from a Monday to recommended 4th Tuesday of each month or specifically, the last Tuesday of the month before the 1st Thursday of the following month. (Wherry) (pg. 10)
4. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to approve a special rate for daytime/short term (less than 3 hours) of the I.H. Clubhouse for lessons with a small number of students (i.e. such as individual music lessons or small groups of students). (Wherry/Lockhart) (pgs. 11-12)



5. Approval of Resolution setting the meeting schedule for Calendar Year 2010. (Wherry) (pg. 13)
6. Approval of a Resolution approving FY 2008/2009 Municipal Audit. (Wherry/Hughes) (pg. 14)
7. Approval of Environmental Award Recipients. (Bridges) (pg. 15)
8. Approval of Natural Resources Board/City Beautiful Committee. (Bridges)
a. Approval of Resolution rescinding the establishment of the City Beautification Committee as a Sub-Committee of the Parks & Recreation Board. (pgs. 16-17)
b. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee amending the Lakeland Municipal Code Title 13, Section 13-419 “Municipal Tree Management”; providing beautification duties to the Natural Resources Board and providing an effective date. (pgs. 18-20)
9. Approval of the purchase of furniture for City Hall (Addition). (Stuckert) (pgs. 21-26)
Commissioner Barber moved to approve the Consent Agenda and adopt on final reading 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; adopt on first reading an Ordinance of the City of Lakeland, Tennessee changing the day for the Board of Commissioners Work Session from a Monday to recommended 4th Tuesday of each month, specifically the last Tuesday of the month before the 1st Thursday; adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to approve a special rate for daytime/short term (less than 3 hours) of the I.H. Clubhouse for lessons with a small number of students (i.e. such as individual music lessons or small groups of students); and adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending the Lakeland Municipal Code Title 13, Section 13-419 “Municipal Tree Management”; providing beautification duties to the Natural Resources Board and providing an effective date, 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. 27-34)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Report/Update on Standard Format for By-laws of Various Boards & Commissions. (Lakin)
The City Attorney reported no update at this point.


IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Discussion and/or Possible Action on a Resolution rescinding Resolution 2008/09-73 and withdrawing the offer to Shelby County concerning construction of a second Fire Station for use by the Shelby County Fire Department. (Wherry) (pgs. 35-37)
Commissioner Barber moved to approve a Resolution by the Board of Commissioners of the City of Lakeland reserving the right to recertify approval of the agreement concerning Fire Station and Fire Service Operations in Resolution 2008/09-73, seconded by Vice-Mayor Nicholson.

After substantial discussion, Commissioner Barber withdrew his motion to approve a Resolution reserving the right to recertify approval of the agreement concerning Fire Station and Fire Service Operations in Resolution 2008/09-73, no objections.

Commissioner Tompkins move to approve a Resolution by the Board of Commissioners of the City of Lakeland rescinding Resolution No. 2008/09-73 approving an offer of an Agreement with Shelby County concerning construction of a Lakeland Fire Station #2 and withdrawing the proposed Agreement, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

2. Action on changing the January Work Session date from Monday, January 25th to Tuesday, January 26th.
Commissioner Hartz moved to approve a Resolution changing the work session from Monday, January 25th to Tuesday, January 26th 2010, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:
• Saturday, January 23, 2010, 8:30 a.m. – BOC Retreat

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

The meeting adjourned at 6:58 p.m., Thursday, January 07, 2010.

These minutes were approved Thursday, February 04, 2010.





Scott Carmichael, Mayor

ATTEST:






Sontidra L. Thomas, CMC
City Recorder