BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, FEBRUARY 04, 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 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 (electronically) 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 5: Action on reduction of Letter of Credit for Winstead Farms Subdivision. No objections.

There being 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 Barber. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of January. The recipients were Steven Leblanc, Richard Browning, Stacey Garvey, and Michael Mescher.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Beer Board Meeting Minutes, December 21, 2009, 6:15 p.m. (pg. 01)
b. Regular Meeting Minutes, January 07, 2010, 6:30 p.m. (pgs. 02-05)
2. Approval of final 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 individual music lessons or small groups of students). (Wherry) (pg. 06)
3. Approval of final 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. (Bridges) (pgs. 07-08)
4. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee rescinding Ordinance 09-140 and creating a new Ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damage assessments concerning Storm Water Management and Pollution Control Plans. (Stuckert) (pgs. 09-11)
5. Approval of public improvements for Winstead Farms Subdivision. (Morrissett) (pgs. 12-18)



6. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee to amend certain provisions of Section 14-402.3 of the Municipal Code, computations, to correct conflicting language regarding the sign area calculation method; providing an effective date. (Atkinson) (pgs. 19-21)
7. Approval of Retail Typologies Study by RCLCO for the Land Development Regulations. (Higbee) (pgs. 22-25)
Commissioner Hartz moved to approve the Consent Agenda and to adopt on final 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 individual music lessons or small groups of students); adopt on final 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; adopt on first reading an Ordinance of the City of Lakeland, Tennessee rescinding Ordinance 09-140 and creating a new Ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damage assessments concerning Storm Water Management and Pollution Control Plans; and adopt on first reading an Ordinance of the City of Lakeland, Tennessee to amend certain provisions of Section 14-402.3 of the Municipal Code, computations, to correct conflicting language regarding the sign area calculation method; providing an effective date, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to present the Crime Report for the month of January, 2010.

BOARD OF SEWERAGE COMMISSION

2. Action on a recommendation to the Board of Commissioners for authorizing Lakeview Subdivision connection to the City of Lakeland’s Sanitary Sewer System.
Commissioner Hartz moved to recommend to the Board of Commissioner authorization for Lakeview Subdivision to connect to the City of Lakeland’s Sanitary Sewer System, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

NEW BUSINESS

4. Action on recommendation from the BOSC to approve a Resolution authorizing Lakeview Subdivision connection to the City of Lakeland’s Sanitary Sewer System.
Mayor Carmichael moved to approve a Resolution approving Concept Sanitary Sewer Plan for Lakeview Subdivision Shelby County Tax Assessor Parcel Identification Number: L0 150 00313, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.


5. Action on reduction of Letter of Credit for Winstead Farms Subdivision.
Vice-Mayor Nicholson moved to approve a Resolution reducing the amount of Letter of Credit for Winstead Farms, LLC for public improvements located at Winstead Farms Subdivision, seconded by Commissioner Tompkins.

With no objections, Mayor Carmichael yielded the floor to Cindy Reeves, SR Consulting to address the Board concerning the reduction of the Letter of Credit.

Motion to approve carried, roll call vote, 5-0.
Nicholson aye
Tompkins aye
Barber aye
Hartz aye
Carmichael aye

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

VI. TREASURER’S REPORT: (pgs. 26-33)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
o Appearance by Chris Thomas, candidate for the Shelby County Commission for Lakeland’s District. Note: Due to conflict, Mr. Thomas was not able to attend this meeting.

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Update on Mobile Workshop(s), Land Development Regulations. (Higbee) (pg. 34)

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation to the Board of Commissioners for first reading of an Ordinance of the City of Lakeland amending Ordinance 09-130 pertaining to sewer user rates. (Stuckert) (pg. 35)
Commissioner Hartz moved to recommend to the Board of Commissioners adoption of first reading of an Ordinance of the City of Lakeland amending Ordinance 09-130 pertaining to sewer user rates, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

2. Action on a recommendation to the Board of Commissioners for authorizing Lakeview Subdivision connection to the City of Lakeland’s Sanitary Sewer System. (Stuckert) (pgs. 36-38) ~Taken out of order~

X. OLD BUSINESS:
1. Action on final 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, specifically the last Tuesday of the month nine days before the 1st Thursday of the following month. (Wherry) (pgs. 39-40)

Commissioner Nicholson moved to adopt on final reading an Ordinance of the City of Lakeland amending Section 1-101 Subsection (3) of the Lakeland City Code to change the day of the Work Session, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

XI. NEW BUSINESS:
1. Action on a Resolution to allow Holiday time as “Hours Worked” for the purpose of computing overtime. (Wherry) (pgs. 41-43)
Commissioner Hartz moved to approve a Resolution not authorizing “Holiday Pay” to be included as part of “Work Hours” ** Motion failed due to the lack of a second.

Commissioner Barber moved to approve a Resolution authorizing “Holiday Pay” to be included as part of “Work Hours” for the purposes of computing premium overtime or compensatory time, seconded by Vice-Mayor Nicholson.
Motion carried, roll call vote, 4-1.
Barber aye
Nicholson aye
Hartz nay
Tompkins aye
Carmichael aye

2. Action on appointments to the Parks & Recreation Board. (pgs. 44-64)
a. Removal of existing member.
Commissioner Barber moved to approve a Resolution removing a member of the Parks & Recreation Board, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

b. Appointment of replacement member.
Commissioner Barber nominated Julie Meadows to fill PRB vacancy.

With no other nominations, Ms. Julie Meadows is appointed to the Parks & Recreation Board by consensus, with term expiring on December 31, 2010.

3. Action on a recommendation from the BOSC to adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending Ordinance 09-130 pertaining to sewer user rates. (Stuckert) (pgs. 65-69)
Vice-Mayor Nicholson moved to adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending Ordinance 09-130 pertaining to residential and commercial sewer user rates, seconded by Commissioner Barber.
Motion carried, roll call vote, 5-0.
Nicholson aye
Barber aye
Hartz aye
Tompkins aye
Carmichael aye


4. Action on a recommendation from the BOSC to approve a Resolution authorizing Lakeview Subdivision connection to the City of Lakeland’s Sanitary Sewer System. (Stuckert) (pgs. 70-72) ~Taken out of order~

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being 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 7:13 p.m., Thursday, February 04, 2010.

These minutes were approved Thursday, March 04, 2010.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder