BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JULY 01, 2010, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


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

Mayor Carmichael opened the floor for additions/deletions to the agenda. There being no amendments, Mayor Carmichael moved to adopt the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of July. The recipients were Connie Harris, Mark Massey, Travis Moore, and Edgar Currier.

NEW BUSINESS (*)

4. Action on request for Fireworks Display Permit. (Wherry)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

Mayor Carmichael placed this item on hold to allow the City Attorney to review the submittal documentation for the 2010 Fireworks Display. No objections.

a) Granting Fireworks Display Permit for Saturday, July 3, 2010.
Commissioner Hartz moved to approve Permit for July 3, 2010 Fireworks Display, seconded by Commissioner Tompkins.
Motion carried, roll call vote, 4-1.
Hartz aye
Tompkins aye
Barber aye
Nicholson nay
Carmichael aye

b) Request for waiver of $500 Permit Fee
Request for waiver of $500 Permit Fee fails due to the lack of a motion.

c) Request for reimbursement for 2009 Fireworks Display Permit Fee.
Request for reimbursement for 2009 Fireworks Display Permit fails due to the lack of a motion.

With no objections, Mayor Carmichael yielded the floor to Karen Woodward (Fireworks Display Coordinator – 9800 Windward Slopes Cove) to address the Board regarding the action just taken.






Commissioner Barber moved to reconsider the issue regarding Fireworks Permit, seconded by Commissioner Tompkins. Motion carried, voice vote, 4-1(Nicholson).

Commissioner Hartz moved to grant a Permit for the 2010 Fireworks Display and waive the $500 Permit Fee, seconded by Commissioner Tompkins. (**)

With no objections, Mayor Carmichael yielded the floor to Stephanie Lefler (previous coordinator - 9600 Oak Point Cove) to address the Board concerning the 2010 Fireworks Display.

(**)Motion carried, roll call vote, 4-1
Hartz aye
Tompkins aye
Barber aye
Nicholson nay
Carmichael aye

Commissioner Hartz moved to reimburse $500 permit fee for 2009 Fireworks Display, seconded by Mayor Carmichael.
Motion carried, roll call vote, 4-1.
Hartz aye
Barber aye
Nicholson nay
Tompkins aye
Carmichael aye

III. PUBLIC DISCUSSION:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting Minutes, June 03, 2010 (pgs. 01-03)
2. Approval of Contract to Audit Accounts with Watkins Uiberall for the fiscal year ending June 30, 2010. (Wherry) (pgs. 04-16)
3. Approval of releasing the Letter of Credit for Veranda Woods Planned Development. (Morrissett) (pgs. 17-21)
Commissioner Barber moved to approve the Consent Agenda, 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. 22-37)
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:
• Report on Additional Yard Waste Collection Route. (Stuckert) (pgs. 38-43)
Philip Stuckert reported on implementing an additional day of yard waste pick-up.

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on recommendation to the Board of Commissioners to award Sewage Lift Station Emergency Generator Contract to Gephart Electric Construction Company. (Stuckert) (pgs. 44-45)
Commissioner Hartz recused himself from any discussion of this agenda item.

Commissioner Tompkins moved to recommend to the Board of Commissioners approval of the Sewage Lift Station Emergency Generator Contract to Gephart Electric Construction Company, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, 4-0-1(abstain-Hartz).

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on Resolution approving a contract with Gephart Electric Construction Company to furnish and install a Sewage Lift Station Emergency Generator. (Stuckert) (pgs. 46-48)
Commissioner Hartz recused himself from any discussion of this agenda item.

Commissioner Tompkins moved to approve Resolution 2010/07-39: A Resolution authorizing a Construction Contract with Gephart Electrical Construction Company for Sewage Lift Station Emergency Generator Contract., seconded by Commissioner Barber.
Motion carried, roll call vote, 4-0-1.
Tompkins aye
Barber aye
Hartz abstain
Nicholson aye
Carmichael aye

(Go to * - Mayor Carmichael resumed discussion on the 2010 Fireworks Display Permit request)

2. Action on first reading of an Ordinance prohibiting the accumulation and/or storage of loose limbs, branches and other such yard waste in front yard areas of residentially zoned property within the city limits of the City of Lakeland. (Lakin) (pgs. 49-52)
Commissioner Barber moved to adopt on first reading an Ordinance prohibiting the accumulation and/or storage of loose limbs, branches and other such yard waste in front yard areas of residentially zoned property within the city limits of the City of Lakeland, seconded by Commissioner Tompkins.

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

3. Action on declaring security in default for Ivy Creek Addition and the City proceeding with road repairs. (Morrissett) (pg. 53)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to postpone action on this item until the next scheduled meeting of the Board of Commissioners, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

4. Action on request for Fireworks Display Permit. (Wherry) (pg. 54)
~Taken out of order~

5. Action on approving the by-laws for the Stormwater Board of Appeals. (Lakin) (pgs. 55-60)
Commissioner Barber moved to suspend the rules for discussion purposes, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

Commissioner Barber moved to approve Resolution 2010/07-38: A Resolution approving bylaws of the Lakeland Storm Water Board of Appeals, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:

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

The Meeting adjourned at 7:25 p.m. Thursday, July 01, 2010.

These minutes were approved Thursday, August 05, 2010.



J. Scott Carmichael, Mayor

ATTEST:



Sontidra L. Thomas, CMC
City Recorder