Lakeland BOC Minutes

2011-08-05T10:35:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JULY 07, 2011, 4:30 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 4:30 p.m.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz and Tompkins were in attendance. City Attorney David Lakin was present.

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

Vice-Mayor Nicholson moved to add New Business/Agenda Item 4: Discussion and/or possible action on MPO Transfer of Funding. No objections.

With no objections, 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 yielded the floor to the Arlington Area Chamber of Commerce to present Vice-Mayor Randy Nicholson with a Proclamation and an Appreciation plaque for his service as a board member of the Arlington Chamber.

Mayor Carmichael proceeded with awarding the “Get Caught Recycling” Awards for the month of July. The recipients were Ms. Cresta Hindman, Ms. Kathryn Hedges, Ms. Rita Baker and Mr. Melvin Duke.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Special Called Meeting Minutes, May 24, 2011, 6:00 p.m.
b. Regular Meeting Minutes, July 02, 2011, 6:30 p.m.
2. Approval of final reading of Ordinance 11-160: An Ordinance creating Section 15-304 of Chapter 3, Title 15 pertaining to establishing speed limits on Cobb Road, Memphis-Arlington Road, Monroe Road and Old Brunswick Road. (Stuckert)
3. Approval of final reading of Ordinance 11-161: An Ordinance of the City of Lakeland amending Ordinance 09-133: Changing the time for the May and November Town Hall Meeting. (Wherry)
4. Approval of Resolution 2011/07-27: A Resolution approving a Professional Services Contract with Askew Hargraves Harcourt and Associates, Inc. for design services related to Huff N’ Puff Road and Extension of Beverle Rivera Drive. (Stuckert)
5. Approval of Resolution 2011/07-28: A Resolution authorizing and providing for the financing of the construction of a certain transportation Infrastructure Project, including authorizing the execution of applications, Contractual Agreements, and other documents, and making representations, certifications, and pledges of certain revenue in connection with such financing. (Stuckert)

6. Approval of Resolution 2011/07-29: A Resolution amending the Interlocal Agreement that established the Joint Economic and Community Development Board of Shelby County in order to add an eleventh member to the Board. (Wherry)
7. Approval of Resolution 2011/07-30: A Resolution approving the Board of Commissioners 2011 Strategic Plan & Action Plan. (Wherry)
8. Approval of Resolution 2011/07-31: A Resolution authorizing a Construction Contract with Gibson Paving, Inc. for Fiscal Year 2012 Street Patching Project. (Stuckert)
Commissioner Tompkins moved to approve the Consent Agenda and adopt on final reading of Ordinance 11-160: An Ordinance creating Section 15-304 of Chapter 3, Title 15 pertaining to establishing speed limits on Cobb Road, Memphis-Arlington Road, Monroe Road and Old Brunswick Road and adopt on final reading Ordinance 11-161: An Ordinance of the City of Lakeland amending Ordinance 09-133: Changing the time for the May and November Town Hall Meeting, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

NEW BUSINESS:

4. Discussion and/or possible action on MPO transfer of funding. (Stuckert)
Vice-Mayor Nicholson moved to suspend the rules for discussion, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor. No action taken.

1. Action on approving Resolution 2011/07-32: A Resolution approving a Professional Services Contract with Fisher & Arnold, Inc. for Preliminary Engineering Services related to the design of New Canada Road. (Stuckert)
Commissioner Barber moved to approve Resolution 2011/07-32: A Resolution approving a Professional Services Contract with Fisher & Arnold, Inc. for Preliminary Engineering Services related to the design of New Canada Road, seconded by Commissioner Hartz.

Commissioner Hartz moved to postpone definitely until the October Regular Meeting (10/06/2011), September Work Session (9/27/2011), seconded by Vice-Mayor Nicholson. (*)

With no objections, Mayor Carmichael yielded the floor to Mr. Jim Schultz, 9400 Laurel Hill Drive to share his comments of opposition regarding the financial status of said project based on the financial status of the organization.
(*)Motion carried, roll call vote, 3-2.
Hartz aye
Nicholson aye
Barber nay
Tompkins aye
Carmichael nay

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 to file 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 approving Resolution 2011/07-32: A Resolution approving a Professional Services Contract with Fisher & Arnold, Inc. for Preliminary Engineering Services related to the design of New Canada Road. (Stuckert)
2. Action on approving Resolution 2011/07-33: A Resolution approving a Professional Services Contract with Fleming Associates PC for design and construction administration of the International Harvester Managerial Clubhouse Renovation Project. (Stuckert)
Vice-Mayor Nicholson moved to suspend the rules for discussion, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

Point of Order: Commissioner Hartz raised a point of order to state for clarity that the I. H Renovation Project and the Senior Center Project are two different matters. Chair sustained.

After substantial discussion, Commissioner Barber moved to postpone action on the renovation project until the October Regular Meeting (10/6/2011); September Work Session (9/27/2011), seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

3. Action on approving Resolution 2011/07-34: A Resolution authorizing a Construction Contract with Jaycon Development Corporation for the Lakeland Senior Citizens Center and Parking Lot Project. (Stuckert)
Commissioner Hartz moved to postpone action until October Regular Meeting (10/6/2011); September Work Session (9/27/2011), seconded by Commissioner Barber.

With no objection from Commissioner Barber, Commissioner Hartz withdrew his motion to postpone.

Commissioner Tompkins moved to approve Resolution 2011/07-37: A Resolution authorizing a Construction Contract with Jaycon Development Corporation for the Lakeland Senior Citizens Center and Parking Lot Project, seconded by Vice-Mayor Nicholson.
Motion carried, roll call vote, 3-2.
Tompkins aye
Nicholson aye
Barber nay
Hartz nay
Carmichael aye

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 5:40 p.m., Thursday, July 7, 2011.

These minutes were approved Thursday, August 4, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-08-05T10:25:00.000-07:00

SPECIAL CALLED MEETING FOR
TUESDAY, JUNE 28, 2011, 6:00 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

The Mayor requested 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 AN APPROVAL OF A REQUEST FOR A PERMIT FOR GARNER LAKE FIREWORKS DISPLAY ON SUNDAY, JULY 3, 2011 AND WAIVER OF THE $500 PERMIT FEE.

• DISCUSSION AND/OR POSSIBLE ACTION ON CHANGING THE TIME OF THE JULY REGULAR BOARD OF COMMISSIONERS MEETING FROM 6:30 P.M. TO 5:00 P.M., JULY 7, 2011 OR ANOTHER APPROPRIATE TIME AND DATE AS DETERMINED BY THE BOARD.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:00 p.m., Tuesday, June 28, 2011.

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 6:00 pm, Tuesday, June 28, 2011.

Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Hartz and Tompkins were present. Commissioner Barber was absent.

Discussion and/or possible action on an approval of a request for a permit for Garner Lake Fireworks Display on Sunday, July 3, 2011 and waiver of the $500 permit fee.
(*)Commissioner Hartz moved to approve a request for a permit for Garner Lake Fireworks Display and waive the $500 permit fee, seconded by Commissioner Tompkins.

With no objections, Mayor Carmichael proceeded with the next item of business: Discussion and/or Possible Action on changing the time of the July Regular Board of Commissioners Meeting from 6:30 pm to 5:00 pm, July 7, 2011 or another appropriate time and date as determined by the Board.

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

It was a consensus of the Board of Commissioners to recess the meeting. The meeting recessed at 6:09 p.m., Thursday, June 28, 2011.

The Special Meeting reconvened at 6:45 pm, Tuesday, June 28, 2011.

(*)Motion to approve carried, voice vote, all in favor.

With no objections, Mayor Carmichael recessed the Special Meeting at 6:48 p.m., Tuesday, June 28, 2011.

The Special Meeting reconvened at 7:35 p.m., Tuesday, June 28, 2011.

Commissioner Hartz moved to change the time of the Board of Commissioners July Regular Meeting from 6:30 p.m. to 5:00 p.m. on July 7, 2011, seconded by Vice-Mayor Nicholson.

Friendly Amendment: Vice-Mayor Nicholson proposed a friendly amendment to change the time to 4:30 p.m. No objection.

Motion to change the time of the Board of Commissioners July Regular Meeting from 6:30 p.m. to o4:30 p.m. on Thursday, July 7, 2011. Motion carried, voice vote, all in favor.

There being no other business to discuss, Commissioner Hartz moved to adjourn the Special Meeting, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

The meeting adjourned at 7:40 p.m., Tuesday, June 28, 2011.

These minutes were approved Thursday, August 04, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-07-11T13:44:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JUNE 02, 2011, 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 was given by Reverend Walter R. Henry of Mt. Sinai African Methodist Episcopal Church and the pledge to our Nation’s Flag was lead by Lt. Warren Horton, Shelby County Sheriff’s Dept.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz and Tompkins were in attendance. City Attorney, David Lakin was present.

With no objections, Mayor Carmichael presented proclamations to Ms. Oleree Bledsoe-Fields for her 102nd birthday and Girl Scout Troop 10125 for their assistance with the rain garden on Lakeland City Hall grounds.

Mayor Carmichael continued with presenting the “Get Caught Recycling” Awards for the month of June. The recipients were Mr. Mark Scott, Mr. Armand Aaron, Mr. Bryant Randolph and Mrs. Sheree Mott.

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

With no objections, 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 Barber. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting Minutes, May 05, 2011, 6:30 p.m. (pgs. 01-03)
2. Approval of final reading of Ordinance 11-159: An Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2011 through June 30, 2012. (Wherry) (pgs. 04-47)
3. Approval of first reading of an Ordinance creating Section 15-304 of Chapter 3, Title 15 pertaining to establishing speed limits on Cobb Road, Memphis-Arlington Road, Monroe Road and Old Brunswick Road. (Stuckert) (pgs.48-52)
4. Approval of Resolution 2011/06-22: A Resolution accepting the findings of the technical and environmental studies authorized under the National Environmental Policy Act (NEPA) along with selection of the modified “A” Alignment as the preferred route for New Canada Road. (Stuckert) (pgs. 53-56)
5. Approval of first reading of an Ordinance setting the time for future Town Hall Meetings. (Wherry) (pg. 57)

6. Approval of Resolution 2011/06-23: A Resolution approving a Proposal for Auditing the General Fund and Sewer Fund Financial Activities for the Fiscal Year ending June 30, 2011. (Wherry) (pgs. 58-69)

Commissioner Hartz moved to approve the Consent Agenda and adopt on final reading of Ordinance 11-159: An Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2011 through June 30, 2012 and adopt on first reading an Ordinance of the City of Lakeland amending Ordinance 09-133; changing the time for the May and November Town Hall Meeting, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 70-76)
Commissioner Barber moved to file the Treasurer’s Report, seconded by Vice-Mayor Nicholson. Motion to file 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:
1. Action on a recommendation to the Board of Commissioners to approve a Resolution adopting a Concept Sewer Plan for Kensington Manor Preliminary Development Plan. (Stuckert) (pg. 77)
Commissioner Hartz moved to recommend approval of a Resolution adopting a Concept Sewer Plan for Kensington Manor Preliminary Development Plan, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

2. Action on a recommendation to the Board of Commissioners to approve a Resolution adopting a Concept Sewer Plan for Village at Water’s Edge Subdivision. (Stuckert) (pg.78)
Commissioner Hartz moved to recommend approval of a Resolution adopting a Concept Sewer Plan for Village at Water’s Edge Subdivision, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on approving Resolution 2011/06-24: A Resolution adopting a Concept Sewer Plan for Kensington Manor Preliminary Development Plan. (Stuckert) (pgs. 79-82)

Commissioner Hartz moved to approve Resolution 2011/06-24: A Resolution adopting a Concept Sewer Plan for Kensington Manor Preliminary Development Plan, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

2. Action on approving Resolution 2011/06-25: A Resolution adopting a Concept Sewer Plan for Village at Water’s Edge Subdivision. (Stuckert) (pgs. 83-86)
Commissioner Hartz moved to approve Resolution 2011/06-25: A Resolution adopting a Concept Sewer Plan for Village at Water’s Edge Subdivision, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

3. Action on approving Resolution 2011/06-26: A Resolution adopting the Personnel Pay Plan for the Fiscal Year beginning July 01, 2011 and authorizing a designated compensation adjustment for the City Manager and City Attorney. (Wherry) (pgs. 87-91)
Commissioner Barber moved to approve Resolution 2011/06-26: A Resolution adopting the Personnel Pay Plan for the Fiscal Year beginning July 01, 2011 and authorizing a designated compensation adjustment for the City Manager and City Attorney, seconded by Commissioner Tompkins.
Motion carried, roll call vote, 4-1.
Barber aye
Tompkins aye
Hartz aye
Nicholson nay
Carmichael aye

XII. ANNOUNCEMENTS:

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 7:02 p.m., Thursday, June 02, 2011.

These minutes were approved, Thursday, July 7, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-07-11T13:43:00.000-07:00

SPECIAL CALLED MEETING FOR
TUESDAY, MAY 24, 2011, 6:00 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 A RESOLUTION ACCEPTING CONSENT TO ASSIGNMENT AND ASSUMPTION OF CONTRACT BETWEEN ALL STAR WASTE SYSTEMS AND BFI WASTE SERVICES, LLC.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:00 p.m., Tuesday, May 24, 2011.

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 Called Meeting was called to order at 6:03 p.m.

Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber and Hartz were in attendance. Commissioner Tompkins attended via conference call. City Attorney David Lakin was present.

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

With no objections, Mayor Carmichael yielded the floor to Gerry Burke, Municipal Representative for Republic Services to address the Board and answer any questions.

After substantial discussion, Commissioner Hartz moved to approve a Resolution entitled: A Resolution accepting consent to assignment and assumption of contract between All Star Waste System and BFI Waste Service, LLC, seconded by Commissioner Barber.
Motion carried, roll call vote, 5-0.
Hartz aye
Barber aye
Nicholson aye
Tompkins aye
Carmichael aye

With no other business to take action on, Vice-Mayor Nicholson moved to adjourn the meeting, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

The Meeting adjourned at 6:13 p.m., Tuesday, May 24, 2011.

These Minutes were approved Thursday, July 07, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-06-03T11:04:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
MONDAY, MAY 02, 2011, 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 to our Nation’s Flag was lead 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 in attendance. City Attorney, David Lakin was present.

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

With no objections, 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 yielded the floor to Lt. Warren Horton of the Shelby County Sheriff’s Department to present the crime report for the month of April 2011. No objections.

OLD BUSINESS
1. Action on appointment of Park Board Member (term expiring December 31, 2011).
Commissioner Barber (PRB Liaison) nominated Alison Ely for consideration of filling the vacant seat on the Parks & Recreation Board.

Commissioner Hartz moved to close nominations, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to appoint Alison Ely to the Parks & Recreation Board by acclamation, no objections.

With no objections, Alison Ely, President of the Lakeland Civic Club presented a check for $50,000 to the City of Lakeland c/o Mayor Carmichael to assist in the construction of the Lakeland Senior Center.

III. PUBLIC HEARING:

NEW BUSINESS
1. Action on first reading of an Ordinance adopting Budget for Fiscal Year 2012 (beginning July 01, 2011). (Wherry) (pgs. 43-64)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

After a substantial amount of discussion, Commissioner Barber moved to adopt on first reading an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2011 through June 30, 2012, seconded by Commissioner Tompkins.
(*)Motion carried, roll call vote, 5-0.
Barber aye
Tompkins aye
Hartz aye
Nicholson aye
Carmichael aye

(*)Friendly Amendment: Mayor Carmichael moved for a friendly amendment to add Sections A-D to main motion. No objections.
A. Operating Revenue General Fund $4,203,665
B. Operating Expenditures General Fund $4,203,665
C. Capital Revenue (Grants & TML Loan) $3,310,000
D. Capital Expenditures $3,310,000

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting Minutes, April 07, 2011, 6:30 p.m.(pgs. 01-03)
2. Approval of Resolution 2011/05-18: A Resolution amending the ICMA 457 Plan to provide for Roth IRA contributions. (Wherry) (pgs. 04-21)
3. Approval of Resolution 2011/05-19: A Resolution authorizing the Mayor to sign a contract amendment with Shelby County Government to fund $170,000 for the construction of a senior center. (Stuckert) (pgs. 22-25)
Commissioner Hartz moved to approve the Consent Agenda as submitted, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 26-32)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
• Opportunity for applicants applying for the Parks & Recreation Board to appear before the Board of Commissioner and present their qualifications/interests in being appointed.

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
Gerrit Verschuur (Board of Commission liaison to CBA) – 4125 Yellow Cedar Cove • Reported on the status of the Chickasaw Basin Authority (CBA).

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on approving Resolution 2011/05-20: A Resolution approving a Financial Plan for the Lakeland Sewer System Enterprise Fund for Fiscal Year 2012 (beginning July 01, 2011). (Wherry) (pgs. 33-42)
Commissioner Barber moved to approve Resolution 2011/05-20: A Resolution approving a Financial Plan for the Lakeland Sewer System Enterprise Fund for FY 2012 (beginning July 01, 2011), seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:
1. Action on appointment of Park Board Member (term expiring December 31, 2011). ~Taken Out of Order~

XI. NEW BUSINESS:
1. Action on first reading of an Ordinance adopting Budget for Fiscal Year 2012 (beginning July 01, 2011). (Wherry) (pgs. 43-64) ~Taken Out of Order~

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 7:35 p.m., Thursday, May 05, 2011.

These minutes were approved, Thursday, June 02, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-05-18T07:51:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, APRIL 07, 2011, 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 was given by Dr. Paul Criss, Pastor of New Salem Cumberland Presbyterian Church and the pledge to our Nation’s Flag was lead 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 in attendance. City Attorney David Lakin was present.

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

With no amendments, Mayor Carmichael moved to approve 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.

Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of April. The recipients were Mr. Robert Holmes, Mr. David Barczak, Ms. Patricia Duncan and Mr. Darryl Nelson.

PUBLIC DISCUSSION
With no objections, Mayor Carmichael yielded the floor to Mr. Charles Reed, 4600 Cedar Ridge Drive, Millington, TN 38053 to address the board regarding the proposed Southern Gateway Project.

NEW BUSINESS
2. Action on Resolution 2011/04-17: A Resolution approving the reduction of bond for Ivy Creek Subdivision. (Morrissett/Bridges)
Commissioner Hartz moved to suspend the rules, seconded by Commissioner Tompkins. Motion to suspend carried, voice vote, all in favor.

With No objections, Mayor Carmichael yielded the floor to Ron Sklar (Developer-MARS Development), 1374 Cordova Cove, Germantown, TN 38138 to address the Board regarding the Ivy Creek Subdivision.

With no objections, Mayor Carmichael yielded the floor to George Munchow (Owner – Scott’s Nursery), 10150 U.S. Highway 70, Lakeland, TN 38002 to address the Board regarding Area B (planting of trees)

Mayor Carmichael yielded the floor to Scott Munchow (Owner/Operator – Scott’s Nursery), 10150 U.S. Highway 70, Lakeland, TN 38002 to address the Board regarding the planting of trees. No objections.

Commissioner Tompkins moved to accept the reduction of bond to $63,027 as requested by the City Staff, seconded by Commissioner Hartz.

Commissioner Hartz moved to postpone this item definitely to the next work session (4/25/2011)

Commissioner Hartz withdrew motion to postpone. No objections. (*)

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, March 03, 2011, 6:30 p.m. (pgs. 01-03)
2. Approval of final reading of an Ordinance 11-158: An Ordinance of the City of Lakeland amending the Fee Schedule to include fees for instructional classes. (Wherry) (pgs. 04-07)
3. Approval of Resolution 2011/04-14: A Resolution authorizing a Contract Extension with Barnes & Brower, Inc. for additional construction work related to the Canada Road Bike & Pathway Project. (Stuckert) (pgs. 08-10)
4. Approval of Resolution 2011/04-15: A Resolution authorizing a Contract with Fisher & Arnold for additional construction engineering and inspection services related to Canada Road Bike and Pathway Project. (Stuckert) (pgs. 11-12)
5. Approval of Resolution 2011/04-16: A Resolution authorizing the Shelby County Emergency Management Agency to submit the adopted Hazards Mitigation Plan to the Federal Emergency Management Agency. (Stuckert) (pgs. 13-14)
Vice-Mayor Nicholson moved to approve the Consent Agenda and adopt on final reading Ordinance 11-158: An Ordinance of the City of Lakeland amending the Fee Schedule to include fees for instructional classes, seconded by Commissioner Hartz seconded the motion. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 15-21)
Commissioner Tompkins moved to file the Treasurer’s Report, seconded by Commissioner Barber. Motion to file carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
• Opportunity for applicants applying for the Parks & Recreation 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:
City Manager, Robert Wherry reported on the City accepting Requests for Proposals (RFP) for engineering for the Beverle Rivera Extension Project.

Staff is requesting that a member of the Board of Commissioner serve on this Committee to review and make recommendations to the Board o Commissioners

IX. SEWERAGE COMMISSIION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on appointment of Park Board Member (term expiring December 31, 2011). (pg. 22)
~No action taken.

Mayor Carmichael called for a brief recess. No objections.

Mayor Carmichael called the meeting to order.

(*) (Friendly Amendment) Commissioner Tompkins moved to approve Resolution 2011/04-17: A Resolution reducing the amount of Letter of Credit for Ivy Creek Subdivision for Public Improvements. No objections.

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

2. Action on Resolution 2011/04-17: A Resolution approving the reduction of bond for Ivy Creek Subdivision. (Morrissett/Bridges) (pgs. 23-34 w/attachments) ~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 Barber. Motion carried, voice vote, all in favor.

The meeting adjourned at 7:18 p.m., Thursday, April 07, 2011.

These minutes were approved Thursday, May 05, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-04-11T14:07:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, MARCH 03, 2011, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:38 pm. Invocation and pledge was given by Mayor Scott Carmichael.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber and Tompkins were in attendance. Commission Mark Hartz was absent. City Attorney, David Lakin was present.

Mayor Carmichael opened the floor for any additions/deletions to the agenda. With no amendments, Mayor Carmichael proceeded with the agenda as presented.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of March. The recipients were Mr. Lee Curtis, Mrs. Amanda Nevill-Price, Mr. Mark Martin and Mr. John Babb.

NEW BUSINESS
1. Action on approving Resolution 2011/03-13: A Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with Belz Investco, GP for a phased subdivision to be known as Village of Water’s Edge Subdivision. (Lakin)
Commissioner Barber moved to approve Resolution 2011/03-13: A Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with Belz Investco, GP for a phased subdivision to be known as Village of Water’s Edge Subdivision, as amended to include the three (3) conditions of approval submitted by the Municipal Planning Commission on March 03, 2011, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, February 03, 2011, 6:30 p.m. (pgs. 1-2)
2. Approval of final reading of Ordinance 10-157: An Ordinance amending Ordinance 09-139 pertaining to sanitation fees. (Stuckert) (pg. 3)
3. Approval of Resolution 2011/03-07: A Resolution authorizing a Construction Contract with Pro-Site Construction, LLC for FY2011 Street and Storm Sewer Improvements. (Stuckert) (pgs. 4-6)
4. Approval of Resolution 2011/03-08: A Resolution authorizing the Mayor to execute an Agreement with the Tennessee Department of Transportation for a Local Agency Project Agreement for the Design and Construction of Huff n’ Puff Road from Canada Road to 1800 feet to the east. (Stuckert) (pgs. 7-9)

5. Approval of Resolution 2011/03-09: A Resolution authorizing the Mayor to execute an Agreement with Payne’s Lawn Service for FY2011 right of way mowing services. (Stuckert) (pgs. 10-12)
6. Approval of first reading of an Ordinance amending Ordinance 10-150: An Ordinance of the City of Lakeland amending the Fee Schedule beginning FY2010/2011, to include fees for instructional classes. (Wherry) (pgs. 13-15)
7. Approval of Resolution 2011/03-10: A Resolution authorizing the donation to the Lakeland Parent Teacher’s Association (PTA) for use in raising funds for programs benefiting Lakeland Elementary Children or Teachers. (Wherry) (pgs. 16-17)
8. Approval of Resolution 2011/03-11: A Resolution rescheduling the Board of Commissioners 2011 April Work Session. (Wherry) (pg. 18)
9. Approval of Resolution 2011/03-12: A Resolution scheduling the 2011 BOC Spring Retreat. (Wherry) (pg. 19)
Vice-Mayor Nicholson moved to approve the Consent Agenda and adopt on final reading Ordinance 11-157: An Ordinance amending Ordinance 09-139 pertaining to sanitation fees and adopt on first reading an Ordinance amending Ordinance 10-150: An Ordinance of the City of Lakeland amending the Fee Schedule beginning FY2010/2011, to include fees for instructional classes, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 20-26)
Commissioner Barber moved to file the Treasurer’s Report, seconded by Vice-Mayor Nicholson. Motion to file 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 approving Resolution 2011/03-13: A Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with Belz Investco, GP for a phased subdivision to be known as Village of Water’s Edge Subdivision. (Lakin) (pgs. 27-72) ~Taken out of order~

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT:
With 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 6:49 p.m., Thursday, March 03, 2011.

Theses minutes were approved Thursday, April 07, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-03-04T10:17:00.000-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, FEBRUARY 03, 2011, 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 pm. 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 and Tompkins were in attendance; Commissioner Hartz was present via conference call. City Attorney, David Lakin was present.

Mayor Carmichael opened the floor for any additions/deletions to the agenda. With no amendments, Mayor Carmichael proceeded with the agenda as presented.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, January 06, 2011, 6:30 p.m. (pgs. 01-04)
2. Approval of final reading of Ordinance 11-156: An Ordinance amending Section 3.C.2.A, Section 3.C.2.B, Section 3.C.2.D and Section 3.C.9.E of Article VII of Chapter 2, Title 14 of the Lakeland Municipal Code establishing the height of the lowest floor elevation for residential, commercial, industrial and manufactured homes above the base flood elevation. (Stuckert) (pgs. 05-06)
3. Approval of Resolution 2011/02-04: A Resolution requesting MLGW to relocate poles on U.S. Highway 70 so the work can proceed on the signal light project. (Wherry) (pg. 07)
4. Approval of Resolution 2011/02-05: A Resolution accepting the Comprehensive Annual Financial Report (CAFR) of the City of Lakeland, Tennessee for the fiscal year ended June 30, 2010. (Wherry) (pg. 08)
5. Approval of Resolution 2011/02-06: A Resolution appointing the Municipal Planning Commission liaison to the Economic Development Commission. (pg. 09)
6. Approval of first reading of an Ordinance amending Ordinance 09-139 pertaining to sanitation fees. (Stuckert) (pg. 10)
Commissioner Barber moved to approve the Consent Agenda and adopt on final reading Ordinance 11-156: An Ordinance amending Article VII (Flood Plain Overlay District), Chapter 2, Title 14 of the Lakeland Municipal Code pertaining to establishing minimum lowest floor elevations above the base flood elevation and adopt on first reading an Ordinance amending Ordinance 09-139 pertaining to sanitation fees, 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. 11-18)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, 5-0.

VII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
City Attorney, David Lakin reported on the status of City/County lawsuit concerning consolidation.

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department presented the Crime Report for the month of January 2011.

VIII. SEWERAGE COMMISSION BUSINESS:

IX. OLD BUSINESS:

X. NEW BUSINESS:

XI. ANNOUNCEMENTS:

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

The Meeting adjourned at 6:43 p.m., Thursday, February 03, 2011.

These minutes were approved Thursday, March 03, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-02-04T13:16:00.000-08:00

2011-01-12T09:39:00.000-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, DECEMBER 02, 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, Commissioners Barber, Hartz and Tompkins were in attendance. City Attorney, David Lakin was present.

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

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

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of December. The recipients were Mr. Robert Blythe, Ms. Jeannette Polinski, Ms. Louise Sweeney and Mr. Timothy Clark.

Mayor Carmichael opened the floor for any applicants for various boards and commissions to express their skills and interest in serving in a volunteer capacity. No objections.

NEW BUSINESS:

1. Action on appointment of members to Boards & Commissions. (pgs. 14-83)
a. Mayor Carmichael announcement of appointments to the Municipal Planning Commission.
Mayor Carmichael appointed Ms. Kathleen Brasfield, Mr. John Brown, Ms. Sherri Gallick and Ms. Susan Mitchell (all appointed for a 3 year term)

b. Board of Commissioners recommends two applicants to Mayor Carmichael for the Design Review Commission.
Commissioner Tompkins recommended to Mayor Carmichael to appoint Mr. Bill Rose and Ms. Melissa Smithmier. (both appointed for a 3 year term)

c. Appointment of two positions to the Parks & Recreation Board.
Commissioner Barber nominated Mr. Bennie Cobb and Ms. Margie Holmes. Appointed by consensus of the Board. (both appointed for a 3 year term)

d. Appointment of two positions to the Natural Resources Board.
Vice-Mayor Nicholson nominated Ms. Ariel Guthery and Mr. Mark Mangone. Appointed by consensus of the Board (both appointed for a 3 year term)

e. Appointment of one position to the Economic Development Commission.
Commissioner Tompkins nominated Francis Fairley. Appointed by consensus of the Board (appointed for a 3 year term).

f. Appointment of two positions to the Board of Appeals.
Commissioner Hartz nominated Mr. Tom Mitchell and Mr. John Sweeney. Appointed by consensus of the Board (appointed for a 3 year term).

g. Appointment of five positions to the Board of Storm Water Appeals.
Vice-Mayor Nicholson nominated Dr. Gerrit Verschuur (3 year term); Commissioner Tompkins nominated Mr. Patrick Kitchens (3 year term), Commissioner Barber nominated Ms. Connie Hess (2 year term), Commissioner Hartz nominated Mr. Joey Edwards (2 year term) and Mayor Carmichael nominated Mr. Ian Joyner (1 year term). Nominated applicants appointed by consensus of the Board.

Vice-Mayor Nicholson nominated Ms. Delphine Rose to serve on the Board of Appeals, the remaining term for Dr. Gerrit Verschuur’s three (3) year term, expiring on December 31, 2012. Appointed by consensus of the Board.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, November 04, 2010, 6:30 p.m. (pgs. 01-03)
2. Approval of BOC Liaison appointment to various Boards & Commissions. (pg. 04)
Commissioner Barber moved to approve the Consent Agenda, seconded by Vice-Nicholson. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 05-12)
Commissioner Tompkins moved to file the Treasurer’s Report, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
• Opportunity for applicants applying for Boards & Commissions 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 to the BOC an Ordinance amending 10-147 pertaining to residential and commercial sewer user rates. (Stuckert) (pg. 13)
Vice-Mayor Nicholson moved to recommend to the Board of Commissioners adoption of first reading of an Ordinance amending Ordinance 10-147 pertaining to residential and commercial sewer user rates, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on appointment of members to Boards & Commissions. (pgs. 14-83)
a. Mayor Carmichael announcement of appointments to the Municipal Planning Commission.
b. Board of Commissioners recommends two applicants to Mayor Carmichael for the Design Review Commission.
c. Appointment of two positions to the Parks & Recreation Board.
d. Appointment of two positions to the Natural Resources Board.
e. Appointment of one position to the Economic Development Commission.
f. Appointment of two positions to the Board of Appeals.
g. Appointment of five positions to the Board of Storm Water Appeals.
~Taken out of order~
2. Action on first reading of an Ordinance amending Ordinance 10-147 pertaining to residential and commercial sewer user rates. (Stuckert) (pgs. 84-87)
Vice-Mayor Nicholson moved to adopt on first reading an Ordinance amending Ordinance 10-147 pertaining to residential and commercial sewer user rates, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.
XII. ANNOUNCEMENTS:
• Holiday Parade, Saturday, December 4th, at 11:00 am
• Joint BOC/MPC Meeting on Land Regulations, Monday, December 6th, 5:30 pm
• Volunteer Appreciation Dinner, Tuesday, December 7th at 6:30 pm

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

The meeting adjourned at 7:00 p.m., Thursday, December 02, 2010.

These minutes were approved Thursday, January 06, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-12-08T07:51:00.000-08:00

BOARD OF COMMISSIONERS REGULAR MINUTES
THURSDAY, NOVEMBER 04, 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, Commissioners Barber, Hartz and Tompkins were in attendance. City Attorney David Lakin was present.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards. The recipients were Mr. James Drier, Ms. Bessie Kolopanas, Ms. Molly Vanhorn and Mr. Martin Roland.

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

Mayor Carmichael opened the floor for any additions/deletions to the agenda. With no amendments, Mayor Carmichael moved to adopt the agenda as presented, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, October 07, 2010, 6:30 p.m. (pgs. 01-04)
b. Special Meeting, October 14, 2010, 4:30 p.m. (pgs. 05-06)
2. Approval of Resolution 2010/11-63: A Resolution approving reimbursement of up to $3,000 in support of the 2010 Lakeland Holiday Parade, sponsored by the Lakeland Lions Club. (Staff) (pgs. 07-08)
Commissioner Tompkins moved to approve the Consent Agenda, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 09-16)
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:
1. Action on final reading of Ordinance 10-153: An Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments. (Stuckert) (pgs. 17-26)
Commissioner Barber moved to adopt on final reading Ordinance 10-153: An Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments, seconded by Vice-Mayor Nicholson.(*)

Commissioner Hartz moved to amend the Ordinance as follows:

5. Food service establishment (FSE) means any establishment, business or facility engaged in preparing, serving or making food available for consumption. Single family residences are not an FSE, however, multi-residential facilities may be considered an FSE at the discretion of the City. Food service establishments will be classified as follows:
Class 1: Deli – Engaged in the sale of cold cut and microwaved sandwiches/subs with no frying or grilling on site, ice cream shops and beverage bars as defined by NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) 77213, Mobile Food Vendors as defined by NAICS 722330.
Class 2: Limited service restaurants (a.k.a. fast food facilities, daycares) as defined by NAICS 722211 and caterers as defined by NAICS 722320.
Class 3: Full service restaurants as defined by NAICS 722110.
Class 4: Buffet and cafeteria facilities as defined by NAICS 72212.
Class 5: Institutions (schools, hospitals, prisons, etc.) as defined by NAICS 722310 but not to exclude self-run operations.

11. NAICS means North American Industry Classification System.

Amendment seconded by Commissioner Barber. Amendment carried, voice vote, all in favor.

(*) Motion to adopt on final reading as amended carried, voice vote, all in favor.

2. Action on final reading of Ordinance 10-154: An Ordinance to add certain provisions regarding Outdoor Vending Machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date. (Atkinson) (pgs. 27-31)
Commissioner Barber moved to adopt on final reading Ordinance 10-154: An Ordinance to add certain provisions regarding Outdoor Vending Machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date, seconded by Commissioner Tompkins. (**)

Vice-Mayor Nicholson moved to amend the Ordinance as follows:

Addition of area requirement for tenants in a multi-tenant building:

A. Outdoor vending machines shall be permitted as an accessory use in C-1 and C-2 Zoning Districts for the following:
i. Single occupant buildings with more than 10,000 square feet of gross floor area.
ii. Individual tenants in a multi-tenant building that have at least 100 feet of store front and 10,000 square fee of gross floor area.

Addition of subsection “G” regarding ADA:

G. The property on which the vending machine is located shall remain in compliance with Americans with Disabilities Act (ADA) standards at all times.

Amendment seconded by Commissioner Hartz. Amendment carried, voice vote, all in favor.

(**)Motion to adopt on final reading as amended carried, voice vote, all in favor.

XI. NEW BUSINESS:

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 6:43 p.m., Thursday, November 04, 2010.

These minutes were approved Thursday, December 02, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-11-08T08:39:00.001-08:00

SPECIAL CALLED MEETING FOR
THURSDAY, OCTOBER 14, 2010, 4:30 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 the City of Lakeland’s participation in the Consolidation Legal Action.

• Discussion and/or possible action on any other item concerning the above listed agenda item.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 4:30 p.m., Thursday, October 14, 2010.

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 4:30 pm, Thursday, October 14, 2010.

Mayor Carmichael, Commissioners Barber, Hartz and Tompkins were present. City Attorney David Lakin was present. Vice-Mayor Randy Nicholson was absent.

Commissioner Hartz moved to suspend the rules to enter into executive session/attorney-client session, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

Executive Session/Attorney-Client Session convened at 4:38 pm

The Special Meeting reconvened at 5:02 pm, Thursday, October 14, 2010.

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

The Special Meeting adjourned at 5:23 pm, Thursday, October 14, 2010.

These minutes were approved Thursday, November 04, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-11-08T08:37:00.000-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, OCTOBER 07, 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 was given by Reverend Gordan (Greater Bush Grove Baptist Church). The pledge was lead by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz were in attendance and Commissioner Tompkins was present via electronic communication. City Attorney, David Lakin was present.

Mayor Carmichael opened the floor for additions/deletions to the agenda.

Item #5: Approval of Resolution 2010/10-61: A Resolution to amend the Preliminary Development Plan for the Equestria Planned Development; was removed from the Consent Agenda. No objections.

There being no additional amendments, 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. The recipients were Mrs. Brenda Wong, Ms. Kathryn Michener, Mrs. Priscilla Geronimo, and Mr. Jimmy Brumley.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, September 02, 2010, 6:30 p.m. (pgs. 1-4)
2. Approval of Resolution 2010/10-50: A Resolution approving Bylaws of the Lakeland Economic Development Commission. (Lakin) (pgs. 5-10)
3. Approval of Resolution 2010/10-59: A Resolution approving an Interlocal Agreement between the State of Tennessee Cities: Bartlett, Collierville, Germantown and Lakeland and University of Tennessee. (Wherry) (pgs. 11-18)
4. Approval of Resolution 2010/10-60: A Resolution approving Acceptance of Public Improvements for Herons Ridge Subdivision, Section B. (Morrissett) (pg. 19 w/insert)
5. Approval of Resolution 2010/10-61: A Resolution to amend the Preliminary Development Plan for the Equestria Planned Development. (Atkinson) (pgs. 20-23)
Commissioner Hartz moved to approve Consent Agenda items 1-4, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
5. Approval of Resolution 2010/10-61: A Resolution to amend the Preliminary Development Plan for the Equestria Planned Development. (Atkinson)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

Mayor Carmichael opened the floor to allow public to direct questions concerning Equestria Planned Development. No objections.

Lavonnie Perry Claybon • 10300 Memphis-Arlington Road – addressed the Board with questions and document requests of Equestria Planned Development.

City Staff addressed Ms. Claybon concerns/questions.

There being no other discussion, Commissioner Hartz moved to approve Resolution 2010/10-61: A Resolution to amend the Preliminary Development Plan for the Equestria Planned Development, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 24-31)
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:

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation for the Board of Commissioners to extend the Contract with Madden Phillips for additional sewer line work at Lift Station 14 (Herons Ridge). (Stuckert) (pgs. 32-33)
Commissioner Barber moved to recommend to the BOC approval to extend the Contract with Madden Phillips for additional sewer line work at Lift Station 14 (Herons Ridge), seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

2. Action on a recommendation for the Board of Commissioners to adopt on first reading an Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments. (Stuckert) (pgs. 34-36)
Commissioner Barber moved to recommend to the BOC approval of first reading of an Ordinance creating Chapter 8 within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on approval of Resolution 2010/10-62: A Resolution authorizing a contract extension and change order with Madden Phillips Construction, Inc for Fiscal Year 2010 Sanitary Sewer Improvements. (Stuckert) (pgs. 37-38)
Commissioner Barber moved to approve Resolution 2010/10-62: A Resolution authorizing a contract extension and change order with Madden Phillips Construction, Inc. for Fiscal Year 2010 Sanitary Sewer Improvements, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

2. Action on adopting on first reading of an Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments. (Stuckert) (pgs. 39-50)
Commissioner Barber moved to adopt on first reading an Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments, seconded by Vice-Mayor Nicholson.
Motion carried, roll call vote, 5-0.
Barber aye
Nicholson aye
Hartz aye
Tompkins aye
Carmichael aye

3. Action on adopting on first reading of an Ordinance to add certain provisions regarding outdoor vending machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date. (Atkinson) (pgs. 51-55)

Commissioner Barber moved to adopt on first reading an Ordinance to add certain provisions regarding outdoor vending machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Barber aye
Hartz aye
Nicholson aye
Tompkins aye
Carmichael aye

XII. ANNOUNCEMENTS:
• Joint BOC & MPC Session to discuss pending Land Development Regulations, Monday, October 18, 2010, 5:30 p.m. – City Hall.

• BOC Fall Retreat – Saturday, October 23, 2010, 8:30 a.m. – City Hall.

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

The meeting adjourned at 7:13 p.m., Thursday, October 07, 2010.

These minutes were approved Thursday, November 04, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-10-08T07:47:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, SEPTEMBER 02, 2010, 6:30 PM
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation was given by Father Peter Buchignani. The pledge was lead by Little Miss Ryan Walker.

II. ROLL CALL BY CITY 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 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. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented a Proclamation to “George Farris” for celebrating 99 years of life; Mayor Carmichael also presented the “Get Caught Recycling” Awards. The recipients were Ms. Deborah Masonis, Mr. Timothy Rush, Ms. Lillian M. Bernard, Ms. Stephanie Holsey, Ms. Amy Walker, Mr. Sean Robinson, Ms. Tina Kent and Mr. Richard Bryant.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, August 05, 2010, 6:30 p.m. (pgs. 01-05)
2. Approval of a Resolution on adopting bylaws for the Economic Development Commission. (Lakin) (pgs. 06-11)
3. Approval of a Resolution approving the 2010/2011 Street Patching Contract. (Stuckert) (pgs. 12-19)
4. Approval of a Resolution approving a contract with Dalhoff Thomas Daws for Professional Services related to the design of parking lot improvements at I.H. Clubhouse located at 4523 Canada Road. (Stuckert) (pgs. 20-41)
Vice-Mayor Nicholson move to approve Consent Agenda items 1, 3 and 4, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
2. Approval of a Resolution on adopting bylaws for the Economic Development Commission.
Commissioner Tompkins moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

After substantial discussion, Commissioner Hartz moved to postpone action on this item until the next work session (09.28.2010), seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VI. TREASURER’S REPORT: (pgs 42-49)
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:
1. Action on Fiscal Year 2011 Sanitary Sewer Video Inspection. (Stuckert) (pg. 50-51)
Commissioner Hartz moved to recommend to the Board of Commissioners approval of contract with Visu-Sewer, Inc. for Fiscal Year 2011 Sanitary Sewer Video Inspection Project, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

NEW BUSINESS:
4. Action on Fiscal Year 2011 Sanitary Sewer Video Inspection. (Stuckert) (pgs. 64-71)
Commissioner Barber moved to approve Resolution 2010/09-58: A Resolution authorizing a Construction Contract with Visu-Sewer, Inc. for Fiscal Year 2011 Sanitary Sewer Video Inspection Project, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:
1. Action on final reading of an Ordinance of the City of Lakeland authorizing and regulating the operation of golf carts on public roadways. (Wherry) (pg. 52)
Commissioner Hartz moved to adopt on final reading Ordinance 10-152: An Ordinance of the City of Lakeland authorizing and regulating the operation of golf carts on public roadways, seconded by Vice-Mayor Nicholson.
Motion failed, roll call vote, 0-5.
Hartz nay
Nicholson nay
Barber nay
Tompkins nay
Carmichael nay

XI. NEW BUSINESS:
1. Action on a Resolution by the Lakeland Board of Commissioner directing the City Manager to investigate the possible purchase of property. (Wherry) (pgs 53-56)
Commissioner Hartz moved to suspend the rules for discussion, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

Mayor Carmichael moved to approve Resolution 2010/09-53: A Resolution by the Lakeland Board of Commissioners directing the City Manager to investigate the possible purchase of property (Parcel #1), seconded by Commissioner Barber.
Motion failed, roll call vote, 0-5.
Barber nay
Hartz nay
Nicholson nay
Tompkins nay
Carmichael nay

Mayor Carmichael moved to approve Resolution 2010/09-54: A Resolution by the Lakeland Board of Commissioners directing the City Manager to investigate the possible purchase of property (Parcel #2), seconded by Commissioner Barber.
Motion failed, roll call vote, 0-5.
Barber nay
Hartz nay
Nicholson nay
Tompkins nay
Carmichael nay

Mayor Carmichael moved to approve Resolution 2010/09-55: A Resolution by the Lakeland Board of Commissioners directing the City Manager to investigate the possible purchase of property (Parcel #3), seconded by Commissioner Barber.
Motion failed, roll call vote, 0-5.
Barber nay
Tompkins nay
Hartz nay
Nicholson nay
Carmichael nay

2. Action on a Resolution of the Lakeland Board of Commissioners providing for the implementation of a “paperless agenda” and providing a procedure for providing for devices to access the agenda and related material. (Wherry) (pg. 57)
Mayor Carmichael moved to approve Resolution 2010/09-57: A Resolution of the Lakeland Board of Commissioners providing for the implementation of a “paperless agenda” and providing a procedure for providing for devices to access the agenda and related material, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

3. Action on a Resolution of the Lakeland Board of Commissioners concerning the vote on the proposed Metro Charter for the consolidation of Memphis and Shelby County on Tuesday, November 2, 2010. (Wherry) (pgs 58-63)
Vice-Mayor Nicholson moved to approve Resolution 2010/09-56: A Resolution of the Lakeland Board of Commissioners concerning the vote on the proposed Metro Charter for the consolidation of Memphis and Shelby County on Tuesday, November 2, 2010, seconded by Commissioner Tompkins.
Motion carried, roll call vote, 5-0.
Nicholson aye
Tompkins aye
Barber aye
Hartz aye
Carmichael aye

4. Action on Fiscal Year 2011 Sanitary Sewer Video Inspection. (Stuckert) (pgs. 64-71) ~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 7:43 p.m., Thursday, September 02, 2010.

These minutes were approved Thursday, October 07, 2010.

J. Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-09-03T08:41:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING AGENDA
THURSDAY, AUGUST 05, 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, Commissioners 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 Barber. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Parks & Recreation applicants to present their skills to the Board of Commissioners.

Ralph Hyde, 3100 Woodmeade Lane addressed the Board regarding his interest in volunteering on the Parks & Recreation Board.

NEW BUSINESS:
2. Action on Evergreen Planned Development:
a. Action on approving a Resolution rescinding Resolution 2008/06-47: A Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with Greenbrier, LLC for a ninety-five (95) lot subdivision to be known as Evergreen Subdivision and the Residential Subdivision Development Contract with Greenbrier Partners, LLC. (Lakin) (pg. 63)
Mayor Carmichael moved to suspend the rules for discussion purposes, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael read a letter submitted by Mr. Glenn Sircy (5200 Prairie Sky Drive/Winstead Farms Subdivision).

Mayor Carmichael yielded the floor to Jay Tyler (5100 Adagio Lane) to address the Board of Commissioners regarding Evergreen Planned Development. No objections.

With no objections, Mayor Carmichael yielded the floor to Sam Carr (3100 Drop Seed Lane) to address the Board of Commissioners regarding Evergreen Planned Development.

Commissioner Hartz moved to approve a Resolution rescinding the offer to enter into a Residential Subdivision Development Contract with Greenbrier Partners, LLC date June 12, 2008, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

b. Action on MPC recommendation to approve the PDP & SDDP Amendment to the phasing & termination provisions for Evergreen Planned Development. (Higbee) (pgs. 64-77)
Commissioner Barber moved to approve a Resolution to approve a Preliminary Development Plan and Secondary Detailed Development Plan Amendment for Evergreen, seconded by Commissioner Tompkins.
Motion carried, roll call, 5-0.
Barber aye
Tompkins aye
Hartz aye
Nicholson aye
Carmichael aye

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, July 01, 2010, 6:30 p.m. (pgs. 01-04)
2. Approval of Natural Resources Board bylaws. (Lakin) (pgs. 05-10)
3. Approval of the first reading of an Ordinance authorizing a permit to operate Golf Carts on certain streets. (Wherry) (pgs. 11-12)
4. Approval of the purchase of a mower for the Parks Department. (Wherry) (pg. 13)
5. Approval of awarding a contract to Grinder Excavating Company for the City Hall Parking Lot Expansion Project. (Stuckert) (pg. 14-16)
6. Approval of a Resolution authorizing the Mayor to sign a letter to Tennessee Department of Transportation concerning beautification measures incorporated into the new I-40 Single Point Urban Interchange System. (Stuckert) (pgs. 17-20)
7. Approval of the City Manager to apply for LPRF Grant for interior renovations at the International Harvester Clubhouse. (Wherry) (pgs. 21-22)
8. Approval of reduction of Letter of Credit for Corner Shops, LLC. (Morrissett) (pgs. 23-24)
Commissioner Barber moved to approve the Consent Agenda and adopt on first reading an Ordinance of the City of Lakeland authorizing and regulating the operation of golf carts on public roadways, 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. 25-40)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
• Opportunity for applicants for the appointment to the Parks & Recreation Board opening to address the Board of Commissioners.

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
• Status Update on required improvements of Herons Ridge, Section B. (Morrissett) (pg. 41)
Mike Morrissett, Chief Code Enforcement Officer reported on the status of the improvements of Herons Ridge Section B. The developer would like to proceed with the acceptance of public improvements. Upon acceptance, the developer will be eligible to work toward construction of the surface coat of asphalt.

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation to the Board of Commissioners for approval of the Conceptual Sewer Plan for Meadows of Lakeland Subdivision. (Stuckert) (pg. 42)
Commissioner Barber moved to recommend approval of a Resolution establishing a new “Concept Sanitary Sewer Plan” for the Meadows of Lakeland, seconded by Commissioner Tompkins. Motion carried, voice vote, 4-0-1 (abstain-Nicholson).

X. OLD BUSINESS:
1. Action on final reading of an Ordinance prohibiting the accumulation and/or storage of loose limbs, branches and other such yard waste in front setback areas of residentially zoned property within the city limits of the City of Lakeland. (Lakin) (pgs. 43-44)
Commissioner Tompkins moved to adopt on first reading of an Ordinance prohibiting the accumulation and/or storage of loose limbs, branches and other such yard waste in front set back areas of residentially zoned property within the city limits of the City of Lakeland, seconded by Commissioner Barber.
Motion carried, roll call vote, 5-0.
Tompkins aye
Barber aye
Hartz aye
Nicholson aye
Carmichael aye

XI. NEW BUSINESS:
1. Action on appointment of Parks & Recreation Board Member. (pgs. 45-62)
Commissioner Barber nominated Leanne Edwards to serve the remainder of a three (3) year term on the Parks & Recreation Board.

Commissioner Hartz moved to close nominations, no objections.

It was a consensus of the Lakeland Board of Commissioners to appoint Leanne Edwards to serve on the Parks & Recreation Board.

2. Action on Evergreen Planned Development:
a. Action on approving a Resolution rescinding Resolution 2008/06-47: A Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with Greenbrier, LLC for a ninety-five (95) lot subdivision to be known as Evergreen Subdivision and the Residential Subdivision Development Contract with Greenbrier Partners, LLC. (Lakin) (pg. 63)
b. Action on MPC recommendation to approve the PDP & SDDP Amendment to the phasing & termination provisions for Evergreen Planned Development. (Higbee) (pgs. 64-77)
~Taken Out of Order~

3. Action on a recommendation from the Board of Sewerage Commission on the approval of a Concept Sanitary Sewer Plan for the Meadows of Lakeland Subdivision. (pgs. 78-81)
Commissioner Hartz moved to approve a Resolution rescinding Resolution 2007/04-31 “Concept Sanitary Sewer Plan for the Meadows of Lakeland” and establishing a new “Concept Sanitary Sewer Plan for the Meadows of Lakeland” Shelby County Tax Assessor Parcel Identification Number L0 140 00299, seconded by Commissioner Tompkins.
Motion carried, roll call vote, 4-0-1.
Hartz aye
Tompkins aye
Barber aye
Nicholson abstain
Carmichael aye

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 7:30 p.m., Thursday, August 05, 2010.

These minutes were approved Thursday, September 02, 2010.

J. Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-08-11T07:58:00.000-07:00

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

2010-06-09T09:35:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JUNE 03, 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 pm. 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.

Mayor Carmichael opened the floor for additions/deletions to the agenda. With 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 June. The recipients were Michele Dial, Frank Hammond, Monique Kelly, and John Williams.

NEW BUSINESS:
1. Action on yard waste pick up and enforcement procedures. (Wherry) (pgs. 38-44)
Commissioner Hartz moved to suspend the rules, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor for public discussion regarding yard waste:
 Tony Antwine, 9300 Salem Woods addressed the Board with concerns of the yard waste pick-up.
 Gerrit Verschuur, 4100 Yellow Cedar Drive addressed the Board with concerns of the yard waste pick-up.
 Dave Boyd, 9600 Mosswood Lane addressed the Board with concerns of the yard waste pick-up.
 Monique Kelly, 9300 Daly Drive addressed the Board with concerns of the yard waste pick-up.

With no objections, Mayor Carmichael yielded the floor to Hunter Carruthers, General Manager of All Star Waste Disposal.

After a substantial discussion, Vice-Mayor Nicholson moved to postpone action on this item until the next work session (June 22, 2010), seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting Minutes, May 06, 2010 (pgs. 01-05)

2. Approval of bylaws of Parks & Recreation Advisory Commission. (Lakin/Lockhart) (pgs. 06-10)
3. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2010 through June 30, 2011. (Wherry) (pg. 11)
4. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule beginning Fiscal Year 2010/2011. (Wherry) (pgs. 12-24)
5. Approval of a Resolution designating seats for the Design Review Commission. (Lakin) (pgs. 25-26)
6. Approval of a Resolution rejecting all bids for the City Hall Parking Lot Expansion. (Stuckert) (pgs. 27-29)
Vice-Mayor Nicholson moved to approve the Consent Agenda and adopt on final reading of an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2010 through June 30, 2011 and adopt on final reading an Ordinance of the City of Lakeland amending the Fee Schedule beginning Fiscal Year 2010/2011, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 30-37)
Commissioner Tompkins moved to file the Treasurer’s Report, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

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

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on yard waste pick up and enforcement procedures. (Wherry) (pgs. 38-44) ~Taken Out of Order~

XII. ANNOUNCEMENTS:

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

The Meeting adjourned at 7:30 pm. Thursday, June 03, 2010.

These minutes were approved Thursday, July 01, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-05-17T07:51:00.001-07:00

SPECIAL CALLED MEETING FOR
THURSDAY, APRIL 15, 2010, 5:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

The City Recorder called 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 budget for FY2010/2011 (beginning July 01, 2010)

• Discussion and/or possible action on the Fee Schedule.

• Discussion and/or possible action on a Resolution approving the FY 2010/2011 Sewer Fund Financial Plan.

• Discussion and/or possible action on a Resolution approving the FY 2010/2011 Personnel Pay Plan.

• Discussion and/or possible action on any other business pertaining to the items listed.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 5:30 p.m., Thursday, April 15, 2010.

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 § 6-20-108.

SPECIAL MEETING MINUTES

The Special Meeting was called to order at 5:30 p.m.

Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz, and Tompkins were present.

Vice-Mayor Nicholson moved to suspend the rules for discussion of the FY2010/2011 Budget, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

No action taken.

There being no other business to discuss, Commissioner Barber moved to adjourn the meeting, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

The meeting adjourned at 6:55 p.m., Thursday, April 15, 2010.

These minutes were approved Thursday, May 06, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-05-17T07:50:00.001-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, APRIL 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, Commissioners Barber, Hartz, and Tompkins were present. Vice-Mayor Nicholson was absent due to illness. City Attorney, David Lakin was present.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of April. The recipients were Mark Seay, Michael Harper, Wenlin Sun, and Erin Brown.

Mayor Carmichael presented a Proclamation to the Lakeland Lions Club for their outstanding commitment to the Lakeland Community. No objections.

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton to present the Crime Report for the month of March.

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

As a recommendation from the City Manager, Commissioner Hartz removed Item 5: Approval of Resolution 2010/04-19: A Resolution adopting the City of Lakeland Health and Safety Manual: Approval of first reading of an Ordinance rescinding an Ordinance adopting the Lakeland Health and Safety Manual, from the Consent Agenda and New Business/Item 1: Action on Resolution 2010/04-22: A Resolution authorizing a contract with Fleming and Associates for design of a new Senior Center Building located near the I.H. Clubhouse from the agenda.

There being no other amendments, 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.

SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation to the Board of Commissioners to approve a Resolution for authorization of a contract for the FY2010 Sanitary Sewer Improvements. (Stuckert)
Commissioner Barber moved to recommend to the Board of Commissioners approval of a Resolution for authorization of a contract for the FY2010 Sanitary Sewer Improvements, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, March 04, 2010, 6:30 p.m.(pgs. 1-3)

2. Approval of a recommendation from the BOSC to approve Resolution 2010/04-17: A Resolution authorizing a Contract for FY2010 Sanitary Sewer Improvements. (Stuckert) (pg. 4)
3. Approval of Resolution 2010/04-18: A Resolution requesting a left turn signal at U.S. Highway 64 and Davies Plantation Road. (Carmichael/Wherry) (pg. 5)
4. Approval of first reading of an Ordinance of the City of Lakeland establishing a three (3) year term for members of the Design Review Commission. (Wherry) (pg. 6)
5. Approval of Resolution 2010/04-19: A Resolution adopting the City of Lakeland Health and Safety Manual. (Stuckert)
a. Approval of first reading of an Ordinance rescinding an Ordinance adopting the Lakeland Health and Safety Manual.
6. Approval of Resolution 2010/04-20: A Resolution concerning the renewal of Inter-Governmental Agreement between the City of Lakeland and Shelby County Government establishing cooperation and coordination of certain activities for the operation of the Shelby County Household Hazardous Waste Facility. (Stuckert) (pgs. 7-13)
7. Approval of Resolution 2010/04-21: A Resolution rescinding Resolution 2007/03-19: “A Resolution establishing an Environmental Awards Committee.” (Bridges) (pg. 14)
Commissioner Tompkins moved to approve the Consent Agenda and adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending Title 2, Boards & Commissions, Etc.; Chapter 2, Lakeland Design Review Commission, Section 2-203, Terms, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
5. Approval of Resolution 2010/04-19: A Resolution adopting the City of Lakeland Health and Safety Manual.
a. Approval of first reading of an Ordinance rescinding an Ordinance adopting the Lakeland Health and Safety Manual.
Mayor Carmichael moved to postpone action until the next work session (April 27, 2010), seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VI. TREASURER’S REPORT: (pgs. 15-22)
Commissioner Barber 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:
1. Action on a recommendation to the Board of Commissioners to approve a Resolution for authorization of a contract for the FY2010 Sanitary Sewer Improvements. (Stuckert) (pgs. 23-26) ~Taken Out of Order~

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on Resolution 2010/04-22: A Resolution authorizing a contract with Fleming and Associates for design of a new Senior Center Building located near the I.H. Clubhouse. (Stuckert) ~Removed From Agenda~

XII. ANNOUNCEMENTS:
o Announcement on Appointment of Design Review Commission member. (Carmichael) Mayor Carmichael announced the appointment of Bill Rose to the Design Review Commission to serve the remainder of a 3 year term expiring on December 31, 2010.

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 6:50 p.m., Thursday, April 01, 2010.

These minutes were approved on Thursday, May 06, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-04-05T12:49:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, MARCH 04, 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, 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.

There being no amendments, Mayor Carmichael moved to adopt the agenda as presented and allow the Chair to take items out of order as necessary, seconded by Commissioners Barber/Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of March. The recipients were Sheree Mott, Ronald Purifoy, Keith Hinson, and Todd Strouse.

2009 Environmental Awards were presented also. The recipients of those awards were Woodland Tree Service (Tree planting project at Lakeland Elementary); Patrick Fisher (Litter Clean-up); and A2H (Canada Road Median Construction).

With no objections, Mayor Carmichael yielded the floor to allow Chris Thomas and John Pellicciotti to introduce themselves as candidates for County Commission.

Mayor Carmichael acknowledged Corey Huddler for his efforts in obtaining the status of Eagle Scout Rank.

Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to give the Crime Report for the month of February.

PUBLIC DISCUSSION:
Mayor Carmichael yielded the floor to Bill Morgan, 9500 Sequoia Point to address Consent Item 2: Approval of Ordinance 10-145: An Ordinance 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. No objections.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meeting:
a. Regular Meeting Minutes, February 04, 2010, 6:30 p.m. (pgs. 01-05)

2. Approval of final reading of Ordinance 10-145: An Ordinance 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. 06-07)
3. Approval of final reading of Ordinance 10-146: An Ordinance 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. 08-09)
4. Approval of final reading of Ordinance 10-147: An Ordinance amending Ordinance 09-130 pertaining to residential and commercial sewer user rates. (Stuckert) (pgs. 10-11)
5. Approval of Resolution 2010/03-16: A Resolution authorizing a Residential Subdivision Development Contract with Michael S. and Rose S. Long for a ten (10) lot Residential Subdivision to be known as Lakeview Subdivision. (Stuckert) (pgs. 12-42)
6. Approval of Resolution 2010/03-14: A Resolution approving the Board of Commissioners 2010 Strategic Plan and Action Plan. (Wherry) (pgs. 43-50)
7. Approval of Resolution 2010/03-15: A Resolution approving a Temporary Street Light at Canada Road and Kingsridge Road. (Wherry) (pgs. 51-52)
Commissioner Hartz moved to approve the Consent Agenda and to adopt on final reading Ordinance 10-145: An Ordinance 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; adopt on final reading Ordinance 10-146: An Ordinance 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 Controls Plans; and adopt on final reading Ordinance 10-147: An Ordinance amending Ordinance 09-130 pertaining to residential and commercial sewer user rates, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 53-60)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
• Environmental Award Presentations

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Update of Status of establishing a Standard Format for by-laws of Various Boards & Commissions. (Lakin)

City Attorney, David Lakin reported on the progress of the formatting and modifications to the draft standard By-Laws Format.

IX. SEWERAGE COMMISSION BUSINESS: No Business to take action on.

X. OLD BUSINESS: No Business to take action on.

XI. NEW BUSINESS: No Business to take action on.

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 6:58 p.m., Thursday, March 04, 2010.

These minutes were approved on Thursday, April 01, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-03-05T09:07:00.000-08:00

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

2010-02-09T09:05:00.000-08:00

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

2010-01-08T13:31:00.000-08:00

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

2009-11-13T07:06:00.001-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, OCTOBER 01, 2009, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

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

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

Commissioner Hartz moved to amend the agenda to add as New Business/Agenda Item 5: Action on Local Project Agreement Amendment No. 2 with the Tennessee Department of Transportation (TDOT) for the design and construction of Bike and Pedestrian Pathway along Canada Road between U.S. Highway No. 64 and Interstate No. 40. No objections.

With 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 Tompkins. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of October. The recipients were: Mr. Jeffery Whitney, Mr. Claude Ferguson, Mr. Mark Hession and Ms. Lori Jensen.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, September 03, 2009, 6:30 p.m. (pgs. 01-04)
2. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee to amend Chapter 2: Pre-Construction Inspections of the Lakeland Municipal Code. (Wherry/Morrissett) (pgs. 05-07)
3. Approval of first reading of an Ordinance of the City of Lakeland to amend the Fee Schedule, Monetary Deposits from $500 to $1500. (Wherry/Morrissett)
4. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to establish a fee for advertising for Public Notices. (Wherry) (pg. 08)
5. Approval of a Resolution scheduling BOC Retreat. (Wherry) (pg. 09)
6. Approval of authorizing additional monies to fund the City Hall Construction Contingency Account in the amount of $30,000. (Stuckert) (pgs. 10-12)

7. Approval of a Report requesting the Tennessee Department of Transportation to add Beverle Rivera on their State Urban Classification System and to the Memphis Shelby County Metropolitan Planning Organization to amend the 2030 long range Transportation Plan to add Beverle Rivera. (Stuckert)(pgs. 13-17)
8. Approval of declaring the 3 self contained breathing apparatus (SCBA’s) be determined as excess surplus equipment and that they be donated to Shelby County Sheriff’s Office. (Stuckert) (pgs. 18-21)
9. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to add a fee for the appeal processes. (Wherry/Atkinson) (pgs. 22-23)
Commissioner Hartz moved to approve the Consent Agenda and adopt on first reading an Ordinance of the City of Lakeland, Tennessee to amend Chapter 2: Pre-Construction Inspections o the Lakeland Municipal Code, adopt on first reading of an Ordinance of the City of Lakeland, Tennessee to amend the Fee Schedule, Monetary Deposits from $500 to $1500, adopt on final reading an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to establish a fee for advertising for Public Notices and first reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to add a fee for appeal processes, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

NEW BUSINESS
2. Action on appointment of interim (or annual) BOC Liaisons. (Board) (pg. 40)
Commissioner Nicholson moved to suspend the rules to discuss interim/annual BOC Liaisons, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

With no further discussion…

MPC Liaison
Commissioner Hartz nominated Commissioner Nicholson to serve as MPC Liaison. With no objections, Commissioner Nicholson was appointed by acclamation.

DRC Liaison
Commissioner Nicholson nominated Commissioner Tompkins to serve as DRC Liaison. With no objections, Commissioner Tompkins was appointed by acclamation.

NRB Liaison
Commissioner Barber nominated Commissioner Nicholson to serve as NRB Liaison. With no objections, Commissioner Nicholson was appointed by acclamation.

BOA Liaison
Commissioner Tompkins nominated Commissioner Hartz to serve as BOA Liaison. With no objections, Commissioner Hartz was appointed by acclamation.

PRB Liaison
Commissioner Nicholson nominated Commissioner Barber to serve as PRB Liaison. With no objections, Commissioner Barber was appointed by acclamation.

EDC Liaison
Commissioner Nicholson nominated Commissioner Tompkins to serve as EDC Liaison. With no objections, Commissioner Tompkins was appointed by acclamation.

Land Development Regulations Advisory Committee
Commissioner Hartz nominated Commissioner Barber to serve as the Land Development Regulations Advisory Committee Liaison. With no objections, Commissioner Barber was appointed by acclamation.

3. Action on appointment to the Board of Appeals. (Board) (pgs. 41-43)
Commissioner Hartz nominated Gerrit Verschuur to serve on the Board of Appeals, term to expire December 31, 2013, no objections. Gerrit Verschuur was appointed to the Board of Appeals by acclamation.

4. Action on request to release a Letter of Credit for the Preserve. (Morrissett/Bridges) (pgs. 44-47)
Commissioner Hartz moved to approve a Resolution authorizing the release of the Letter of Credit for the Preserve Subdivision, 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. 24-37)
Commissioner Hartz 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 appointment of Vice-Mayor. (Board)
Commissioner Hartz moved to appoint Randy Nicholson as Vice- Mayor, no objections. Randy Nicholson was appointed as Vice-Mayor by acclamation.

2. Action on appointment of interim (or annual) BOC Liaisons. (Board) (pg. 40) ~Taken out of order~

3. Action on appointment to the Board of Appeals. (Board) (pgs. 41-43) ~Taken out of order~

4. Action on a request to release a Letter of Credit for the Preserve. (Morrissett/Bridges) (pgs. 44-47) ~Taken out of order~

5. Action on Local Project Agreement Amendment No. 2 with the Tennessee Department of Transportation (TDOT) for the design and construction of Bike and Pedestrian Pathway along Canada Road between U.S. Highway No. 64 and Interstate No. 40. (Stuckert)
Commissioner Hartz moved to approve a Resolution authorizing the Mayor to execute an amended Agreement No. 2 with the Tennessee Department of Transportation for the Design and Construction of a Bike and Pedestrian Pathway along Canada Road, seconded by Vice-Mayor Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Barber aye
Tompkins aye
Carmichael aye

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: With 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 7:15 p.m., Thursday, October 01, 2009.

These minutes were approved Thursday, November 05, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2009-11-13T07:05:00.000-08:00

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

I. CALL TO ORDER BY MAYOR: The meeting was called to order at 6:41 p.m. Invocation and pledge 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 were present. City Attorney David Lakin was present.

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

There being no amendments, Mayor Carmichael moved to adopt the agenda as submitted and allow Chair to take items out of order as deemed necessary, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, August 06, 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 amend I.H. Club Rental Fees. (Wherry) (pgs. 05-06)
3. Approval of a Resolution concerning support or non-support for the “Single Source Funding” Plan adopted by the Shelby County Commission. (Wherry) (pg. 07)
4. Approval of Resolution relating to the Charter Commission:
a. A Resolution by the Lakeland Board of Commissioners requesting that if the City of Memphis and Shelby County establish a Charter Commission, at least 30% of said membership be residents of Shelby County outside of the Corporate Limits of the City of Memphis. (Wherry) (pg. 08)
b. A Resolution of the Lakeland Board of Commissioners requesting AC Wharton, Mayor of Shelby County, to appoint at least one resident of the City of Lakeland to any Charter Commission established to prepare a Charter for merger of the City of Memphis and Shelby County. (Wherry) (pg. 09)
5. Approval of a Resolution establishing support or non-support for consolidation/merger/metro government as currently proposed. (Wherry) (pg. 10)
6. Approval of a Contract for maintenance of Canada Road medians. (Bridges) (pg. 11)
Commissioner Verschuur moved to approve the Consent Agenda and adopt on final reading an Ordinance of the City of Lakeland,

Tennessee amending the Fee Schedule to amend I.H. Club Rental Fees, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 12-17)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. 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:
1. Action on a recommendation to the BOC to authorize purchase of a zero radius turn lawn tractor from Wooten Tractor Company, Inc. for Lakeland Sewer Department. (Stuckert/Boswell) (pg. 18)
Commissioner Verschuur moved to recommend to the BOC authorization to purchase a zero radius turn lawn tractor from Wooten Tractor Company, Inc. for Lakeland Sewer Department, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

2. Action on a recommendation to the BOC to authorize a Contract for FY2010 Sanitary Sewer Video Inspection & Improvements. (Stuckert/Boswell) (pgs. 19-20)
Commissioner Verschuur moved to recommend to the BOC authorization of a Contract for FY2010 Sanitary Sewer Video Inspection & Improvements, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:
1. Discussion and possible action on purchase and development of property at Canada Road and Davies Plantation Road. (Wherry) (pg. 21) **No Action Required**

XI. NEW BUSINESS:
1. Action on Fee Schedule Amendments:
a. First Reading of an Ordinance of the City of Lakeland, Tennessee to amend the fee schedule to increase the fees for Construction Deposits. (Wherry/Morrissett)
**Item deferred**

b. First Reading of an Ordinance of the City of Lakeland, Tennessee to establish a fee for advertising for Public Notices. (Wherry) (pgs. 22-23)
Vice-Mayor Hartz moved to adopt on first reading an Ordinance of the City of Lakeland amending the Fee Schedule to establish a fee for advertising for Public Notices, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on BOSC recommendation to approve the purchase of a zero radius turn lawn tractor from Wooten Tractor Company, Inc. for Lakeland Sewer Department. (Stuckert/Boswell) (pgs. 24-25)
Commissioner Verschuur moved to approve a Resolution authorizing the purchase of a zero radius turn lawn tractor, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

3. Action on BOSC recommendation to authorize a contract for FY2010 Sanitary Sewer Video Inspection & Improvements. (Stuckert/Boswell) (pgs. 26-28)
Commissioner Verschuur moved to approve a Resolution authorizing a Construction Contract with Enscor, LLC for FY2010 Sanitary Sewer Video Inspection & Improvements, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

Mayor Carmichael called for a five (5) minute recess, to allow time for copies to be produced regarding New Business Item 1 (a). No objections.

Meeting reconvened…Action on 1 (a).

Commissioner Verschuur moved to adopt on first reading of an Ordinance of the City of Lakeland, Tennessee to amend the fee schedule to increase the fees for Construction deposits, seconded by Commissioner Nicholson.

Friendly Amendment: Section 12-204(2): …prior to issuing a Certificate of Occupancy, amended to read…prior to the issuance of a Certificate of Occupancy. No objections.

With no objections, said motion was withdrawn from the table.

Commissioner Verschuur moved to postpone definitely action on this item until the next work session, September 22nd, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: With no other business to take action on, Commissioner Verschuur moved to adjourn the meeting. Motion carried, voice vote, all in favor.

The meeting adjourned at 7:17 pm, Thursday, September 03, 2009

These minutes were approved, Thursday, October 01, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2009-08-10T09:14:00.002-07:00

SPECIAL CALLED MEETING FOR
MONDAY, JULY 27, 2009, 6:20 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 a Resolution to enter into a Partnership Agreement with the United States Census Bureau to support and promote a complete and accurate 2010 Census. (Wherry)

• Discussion and/or possible action on any other business concerning the above listed item.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:20 p.m., Monday, July 27, 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 Called Meeting was called to order at 6:20 p.m.

Mayor Carmichael, Vice-Mayor Hartz and Commissioners Nicholson (electronically) and Verschuur were present. Commissioner Plunk was absent.

Commissioner Verschuur moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

After substantial discussion, Vice-Mayor Hartz moved to approve a Resolution of the Lakeland Board of Commissioners to enter into a Partnership Agreement with the United States Census Bureau to support and promote a complete and accurate 2010 Census, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

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

The meeting adjourned at 6:45 p.m. Monday, July 27, 2009.

These minutes were approved Thursday, August 06, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2009-08-10T09:14:00.001-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JULY 09, 2009, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: The meeting was called to order at 6:36 p.m. Invocation and pledge given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, and Commissioner Nicholson were present. Commissioners Plunk was absent. Due to communication misunderstanding, Commissioner Verschuur was not in attendance (excused).

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

Vice-Mayor Hartz moved to amend the agenda to add: New Business/Agenda Item 3 – Action on Resolution 2009/07-46 authorizing a Construction contract with Trey Construction, Inc for FY 2010 Street and Storm Improvements; New Business/Agenda Item 4 – Discussion and/or Action on the City of Lakeland 2009 Fireworks Display Permit; and New Business/Agenda Item 5 – Action on approval of an Interlocal Agreement for Ambulance Service Fees.

With no objections, Mayor Carmichael moved to adopt the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

NEW BUSINESS:
1. Action on authorizing a Change Order with Barnes and Brower to construct a 4 Hour Fire Wall as part of the City Hall Expansion Project. (Stuckert) (pgs. 49-52)
Vice-Mayor Hartz moved to approve Resolution 2009/07-44, a Resolution authorizing a Change Order with Barnes and Brower to construct a 4-Hour Fire Wall as part of the City Hall Expansion Project, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 3-0.
Hartz aye
Nicholson aye
Carmichael aye

2. Action on authorizing a Contract with All Star Waste System for Refuse Collection and Disposal for the City of Lakeland. (Stuckert) (pgs. 53-58)
Vice-Mayor Hartz moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve Resolution 2009/07-45, a Resolution authorizing a Contract with All Star Waste System for Municipal Refuse Collection and Disposal, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 3-0.
Hartz aye
Nicholson aye
Carmichael aye

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to give the police report for the month of June.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, June 09, 2009, 6:30 p.m. (pgs. 01-03)
2. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee establishing Town Hall Meeting dates in May and November. (Wherry) (pg. 04)
3. Approval of a Resolution approving a proposal for auditing the General Fund and Sewer Fund Financial Activities for the Fiscal Year ending June 30, 2009. (Wherry/Hughes) (pgs. 05-21)
4. Approval of Resolution adopting a Policy regarding naming/re-naming City Parks. (Wherry/Lockhart) (pgs. 22-24)
5. Approval of a Resolution establishing procedures for public inspection of, access to and duplication of public records under the Tennessee Public Records Act. (Wherry) (pgs. 25-26)
6. Approval of an Inter-local Cooperation Agreement relative to participation in the TN Municipal League Risk Management Pool (TML Pool), and the corporate Charter. (Wherry) (pgs. 27-28)
7. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee amending Section 18-106 of the Lakeland Municipal Code pertaining to Storm Water Enforcement, Abatement, Penalties, and Appeals. (Stuckert) (pgs. 29-35)
Vice-Mayor Hartz moved to approve the Consent Agenda and to adopt on final reading an Ordinance of the City of Lakeland, Tennessee establishing Town Hall Meeting dates in May and November and adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending Section 18-106 of the Lakeland Municipal Code pertaining to Storm Water Enforcement, Abatement, Penalties, and Appeals, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 36-41)
Commissioner Nicholson moved to file the Treasurer’s Report, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
• Report on property at Canada Road and Davies Plantation (northwest corner) (pgs. 42-48 w/insertion)
With no objections, Mayor Carmichael moved this item to the June 27th Work Session Agenda.

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on authorizing a Change Order with Barnes and Brower to construct a 4 Hour Fire Wall as part of the City Hall Expansion Project. (Stuckert) (pgs. 49-52) ~Taken out of Order~

2. Action on authorizing a Contract with All Star Waste System for Refuse Collection and Disposal for the City of Lakeland. (Stuckert) (pgs. 53-58)
~Taken Out of Order~

3. Action on Resolution 2009/07-46 authorizing a Construction Contract with Trey Construction, Inc. for FY 2010 Street and Storm Improvements. (Stuckert)
Vice-Mayor Hartz moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve Resolution 2009/07-46, a Resolution authorizing a Construction Contract with Trey Construction for Fiscal Year 2010 Street and Storm Sewer Improvements, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 3-0.
Hartz aye
Nicholson aye
Carmichael aye

4. Discussion and/or Action on the City of Lakeland 2009 Fireworks Display Permit.
Vice-Mayor Hartz moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Mayor Carmichael moved to approve the permit for the Fireworks Display held July 4, 2009 only because of the particular and unique circumstances surrounding this event and this permit application, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

5. Action on approval of Interlocal Agreement for Ambulance Service Fees. (Wherry)
Vice-Mayor Hartz moved to suspend the rules for discussion, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Mayor Carmichael moved to approve an Interlocal Agreement for Ambulance Service Fees with Shelby County, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:
• BOC Work Session – Monday, July 27, 2009, 6:30 p.m.

• Monday, July 27, 2009, 6:30 p.m. • Shelby County Commission’s Ad Hoc Committee on Education Funding Presentation
David Pickler, Chairman
Shelby County Board of Education

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

The meeting adjourned at 7:20 p.m., Thursday, July 09, 2009.

These minutes were approved Thursday, August 06, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2009-07-22T14:07:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
TUESDAY, JUNE 09, 2009, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: The meeting was called to order at 6:40 p.m.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson, Plunk (electronically), and Verschuur (electronically) were present. City Attorney, David Lakin was present.

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

There being no amendments, Mayor Carmichael moved to approve the agenda as presented, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards to residents. Recipients for the month of June were: Timothy & Denise Broughton, Gary & Gina Benfield, Patricia Byrd, and Gary (Tracy) Johnson.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Beer Board Meeting Minutes, May 07, 2009, 6:15 p.m. (pg. 01)
b. Regular Meeting Minutes, May 07, 2009, 6:30 p.m. (pgs. 02-06)
2. Approval of final reading of an Ordinance to amend the City of Lakeland Fee Ordinance 07-105, pertaining to road cut and borings fee. (Stuckert) (pg. 07)
3. Approval of final reading of an Ordinance adopting the budget for Fiscal Year beginning July 01, 2009. (Wherry/Hughes) (pg. 08)
4. Approval of a Resolution adopting the Fiscal Year 2009/2010 Sewer Enterprise Fund Financial Plan. (Wherry) (pg. 09)
5. Approval of a contract with Fisher & Arnold for professional engineering services related to the design of the Canada Road Bike and Pedestrian Pathway. (Stuckert) (pgs. 10-11)
6. Approval of a Resolution supporting an application to the U.S. Postal Service for designation of identifiable ZIP Code for Lakeland. (Wherry) (pgs. 12-17)
7. Approval of first reading of an Ordinance concerning Town Hall Meeting to establish new meeting date dates of November and May. (Wherry) (pgs. 18-19)
8. Approval of a Resolution regarding MLGW Line Trimming Policy. (Bridges) (pg. 20)
Vice-Mayor Hartz moved to approve Items 1-6, and 8 of the Consent Agenda, and to adopt on final reading an Ordinance to amend the City of Lakeland Fee Ordinance 07-105, pertaining to road cut and borings fees, adopt on final reading an Ordinance adopting the budget for Fiscal Year beginning July 01, 2009, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
7. Approval of first reading of an Ordinance concerning Town Hall Meeting to establish new meeting date dates of November and May. (Wherry)
Vice-Mayor Hartz moved to amend the title to state: An Ordinance establishing Town Hall Meetings dates in May and November. No objections.

Vice-Mayor Hartz moved to adopt on first reading an Ordinance of the City of Lakeland, Tennessee establishing Town Hall Meeting dates in May and November, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

VI. TREASURER’S REPORT: (pgs. 21-26)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
• Report on the consideration of purchasing the 100+ acre tract of property at the northwest corner of the intersection of Canada Road and Davies Plantation Road. (Wherry) (pg. 27)
• Report on the execution of contracts of high rise signs. (Lakin) (pgs. 28-45)

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:

XII. ANNOUNCEMENTS:
• Skateboarding Contest – Friday, June 12th (Windward Slopes Park), 10:30 a.m.

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

The meeting adjourned at 7:04 p.m., Tuesday, June 09, 2009.

These minutes were approved Thursday, July 09, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2009-06-18T09:48:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, APRIL 02, 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 of Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Commissioners Nicholson, Plunk and Verschuur (electronically) were present. Vice-Mayor Hartz was absent (excused). City Attorney David Lakin was present.

Mayor Carmichael moved to amend the agenda to add: New Business/Agenda Item 6: Action on approval of Memorandum of Understanding from Tennessee State Historic Preservation Office and U.S. Fish and Wildlife Service. No objections.

Mayor Carmichael yielded the floor any additional amendments to the agenda. There being no other amendments, 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 Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of April. The recipients were: Mr. William Fronk, Mr. & Mrs. Jason Pruitt, Ms. Michele Dail and Mr. Robert Paxson.

Mayor Carmichael yielded the floor to Lt. Warren Horton to present the Sheriff’s Report for the month. No objections.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Special Meeting Minutes, February 23, 2009, 6:15 p.m. (pgs. 01-02)
b. Regular Meeting Minutes, March 05, 2009, 6:30 p.m. (pgs. 03-06)
2. Approval of final reading of an Ordinance of the City of Lakeland amending 07-105 pertaining to sewer user rates. (Stuckert) (pg. 07)
3. Approval of the City Engineer to be appointed to the Shelby County Solid Waste Planning Board. (Stuckert)
Commissioner Nicholson moved to approve the Consent Agenda and adopt on final reading an Ordinance of the City of Lakeland amending 07-105 pertaining to sewer user rates, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 08-13)
Commissioner Verschuur moved to file the Treasurer’s Report, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 3-1.
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye

VII. PUBLIC DISCUSSION: N/A

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

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation of a Resolution to the BOC authorizing City Hall to connect to a public sewer system. (Stuckert) (pg. 14)
Commissioner Verschuur moved to recommend to the Board of Commissioners to adopt a resolution authorizing the installation of gravity sanitary sewer from Lakeland City Hall to the existing sanitary sewer in Winstead Farms Subdivision, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

2. Action on a recommendation of a Resolution to the BOC of a revised amortization scheduled/period for the loan for the Wastewater Treatment Plant. (Wherry) (pgs. 15-16)
Commissioner Verschuur moved to approve a Resolution recommending the Board of Commissioners to adopt a revised Amortization Schedule, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on Resolution authorizing City Hall to connect to a public sewer system. (Stuckert) (pgs. 17-19)
Commissioner Verschuur moved to approve a Resolution approving a Sanitary Sewer Plan for City Hall to connect to existing gravity sanitary sewer at Winstead Farms & Subdivision, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

2. Action on authorizing a contract to construct the City Hall Gravity Sewer Line Improvements. (Stuckert) (pgs. 20-22)

Commissioner Plunk moved to approve a resolution authorizing a construction contract with Trey Construction, Inc. for City Hall Sewer Improvements, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Plunk aye
Nicholson aye
Verschuur aye
Carmichael aye

3. Action on Resolution to authorize a new amortization schedule for the loan for the Wastewater Treatment Plant. (Wherry) (pgs. 23-28)
Commissioner Nicholson moved to approve a Resolution authorizing certain amendments to that certain Loan Agreement, dated June 01, 2006, heretofore executed by the City of Lakeland, Tennessee in connection with a loan from the Public Building Authority of the City of Clarksville, Tennessee in the original principal amount of $11,000,000, seconded by Commissioner Plunk.
Motion carried, roll call vote, 4-0.
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

4. Action on ambulance fees, including adding ambulance fees to the Fire Fee. (Wherry) (pgs. 29-30)
Commissioner Verschuur moved to approve a Resolution authorizing Shelby County to collect the Ambulance Fee through the Fire Fee Collection System with the fee computed equally between the customers’s paying the fire fee, seconded by Commissioner Nicholson.
Motion failed, roll call vote, 2-2.
Verschuur aye
Nicholson aye
Plunk nay
Carmichael nay

5. Action regarding temporary directional signs for various Parks & Recreation events in 2009. (Atkinson) (pg. 31) ~There was no action taken on this item. ~

6. Action on approval of Memorandum of Understanding from Tennessee State Historic Preservation Office and U.S. Fish and Wildlife Service.
Commissioner Verschuur moved to approve a Resolution authorizing a Memorandum of Understanding with the U.S. Fish and Wildlife and the Tennessee State Historical Office, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:

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

The Meeting adjourned at 7:05 p.m., Thursday, April 02, 2009.

These minutes were approved on Thursday, May 07, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra Thomas, CMC
City Recorder

2009-06-18T09:47:00.001-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, MAY 07, 2009, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: The meeting was called to order at 6:35 p.m.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson and Verschuur were present. City Attorney David Lakin was present. Commissioner Plunk was absent (excused).

Vice-Mayor Hartz moved to amend the agenda to add as New Business/Agenda Item 5: Action on authorizing a contract with TDOT (Tennessee Department of Transportation) for a locally managed project with the City of Lakeland for the design, environmental assessment, construction engineering and inspection, and construction of a new bike and pedestrian pathway along Canada Road between U.S. Highway 64 and Interstate 40; and New Business/Agenda Item 6: Action on a Resolution rescinding the Residential Development Contract between Kensington Group, LLC and the City of Lakeland dated and executed September 10, 2008, no objections.

Mayor Carmichael moved to adopt the agenda as amended, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of May. The recipients were Maria Ponce Garcia, Craig & Elizabeth Jostes, Katie Love, David & Sherry Jackson.

BOARD OF SEWERAGE COMMISSION BUSINESS
1. Action on a recommendation to the BOC to adopt a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100. (Stuckert) (pg. 50)
Vice-Mayor Hartz moved to recommend to the BOC a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

NEW BUSINESS
4. Action on a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and to adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100. (Stuckert) (pgs. 64-66)

Commissioner Nicholson moved to approve a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and to adopt a Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-0.
Nicholson aye
Verschuur aye
Hartz aye
Carmichael aye

1. Action on a contract extension for Herons Ridge Subdivision Section C & D. (Stuckert)
Vice-Mayor Hartz moved to suspend the rules for discussion, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

After substantial discussion, Vice-Mayor Hartz moved to approve the contract extension for Herons Ridge Subdivision Section C & D, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, April 02, 2009, 6:30 p.m. (pgs. 01-04)
2. Approval of Professional (landscape and architectural) Service Agreement with Askew Hargraves, Harcourt & Associates, Inc. for Gateway Design in the amount of $8400. (Wherry) (pgs. 05-17)
3. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2009 through June 30, 2010. (Wherry/Hughes) (pgs. 18-19)
4. Approval of awarding Gibson Paving, Inc. a contract for Street Patching Calendar Year 2009/2010. (Stuckert) (pgs. 20-26)
5. Approval of awarding All Star Waste Systems, LLC a contract for litter and bulky waste collection. (Stuckert) (pgs. 27-31)
6. Approval of a contract with the Tennessee Stormwater Association for Green Development Grant. (Stuckert) (pgs. 32-43)
Commissioner Verschuur moved to approve the Consent Agenda and adopt on first reading an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2009 through June 30, 2010, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 44-49)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. 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:
1. Action on a recommendation to the BOC to adopt a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100. (Stuckert) (pg. 50) ~Taken Out of Order~

2. Action on a recommendation to the BOC to adopt a Resolution rescinding Resolution 2007/05-40: Concept Sanitary Sewer Plan for Kensington Manor Planned Residential Development and establishing an expiration date and reducing the number of residential lots to 111. (Stuckert) (pg. 51)
Commissioner Verschuur moved to recommend to the BOC a Resolution rescinding Resolution 2007/05-40: Concept Sanitary Sewer Plan for Kensington Manor Planned Residential Development and establishing an expiration date and reducing the number of residential lots to 111. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:
1. Action on a Resolution authorizing Shelby County to collect the Ambulance Fee through the Fire Fee Collection System with the fee computed equally between the customers paying the fire fee. (Wherry) (pgs. 52-53)
Vice-Mayor Hartz moved to approve a Resolution authorizing Shelby County to collect the Ambulance Fee through the Fire Fee Collection System with the fee computed equally between the customers paying the fire fee, as amended seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-0.
Hartz aye
Verschuur aye
Nicholson aye
Carmichael aye

XI. NEW BUSINESS:
1. Action on a contract extension for Herons Ridge Subdivision Section C & D. (Stuckert) (pgs. 54-58) ~ Taken Out of Order~

2. Action on first reading of an Ordinance amending the City of Lakeland Fee Schedule Ordinance 07-105 pertaining to Road Cut and Boring Fees. (Stuckert) (pgs. 59-60)
Commissioner Verschuur moved to adopt on first reading an Ordinance amending the City of Lakeland Fee Schedule Ordinance 07-105 pertaining to Road Cut and Boring Fees, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 4-0.
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

3. Action on a Resolution rescinding Resolution 2007/05-40: Concept Sanitary Sewer Plan for Kensington Manor Planned Residential Development and establishing a new expiration date and reducing the number of residential lots to 111. (Stuckert) (pgs. 61-63)
Commissioner Verschuur moved to approve a Resolution rescinding Resolution 2007/05-40: Concept Sanitary Sewer Plan for Kensington Manor Planned Residential Development and establishing a new expiration date and reducing the number of residential lots to 111, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

4. Action on a Resolution rescinding Resolution 2007/04-30: Concept Sanitary Sewer Plan for Herons Ridge Subdivision, Section C & D and to adopt a new Resolution establishing a new date for action and reducing the number of lots in Section C & D from 125 to 100. (Stuckert) (pgs. 64-66) ~Taken Out Of Order~

6. Action on a Resolution rescinding the Residential Development Contract between Kensington Group, LLC and the City of Lakeland dated and executed September 10, 2008. (Stuckert)
Vice-Mayor Hartz moved to approve a Resolution rescinding the Residential Development Contract between Kensington Group, LLC and the City of Lakeland dated and executed September 10, 2008, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

5. Action on authorizing a contract with TDOT (Tennessee Department of Transportation) for a locally managed project with the City of Lakeland for the design, environmental assessment, construction engineering and inspection, and construction of a new bike and pedestrian pathway along Canada Road between U.S. Highway 64 and Interstate 40. (Stuckert)
Vice-Mayor Hartz moved to authorize a contract with TDOT for a locally managed project with the City of Lakeland for the design, environmental assessment, construction engineering and inspection, and construction of a new bike and pedestrian pathway along Canada Road between U.S. Highway 64 and Interstate 40, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:
• BOC Special Meeting, May 14, 2009, 5:30 p.m.

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

The meeting adjourned at 7:25 p.m., Thursday, May 07, 2009.

These minutes were approved Tuesday, June 09, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2009-06-18T09:46:00.000-07:00

BEER BOARD MEETING FOR
THURSDAY, MAY 07, 2009, 6:15 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

The City of Lakeland Beer Board will hold a meeting on Thursday, May 07, 2009 at 6:15 p.m. to take action on an application for issuance of an “On Premises” Beer Permit submitted by the Stonebridge Golf Club, 3049 Davies Plantation Road South, Lakeland, Tennessee 38002.

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 § 6-20-108.

SPECIAL MEETING MINUTES

The Beer Board Meeting was called to order at 6:30 p.m. Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson and Verschuur were present. City Attorney David Lakin was present. Commissioner Plunk was absent.

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

After substantial discussion, Vice-Mayor Hartz moved to approve the application for an “On Premises” Beer Permit submitted by Stonebridge Golf Course, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-0.
Hartz aye
Verschuur aye
Nicholson aye
Carmichael aye

There being no other business to take action on, Vice-Mayor Hartz moved to adjourn the meeting, seconded by Commissioner Verschuur.

The meeting adjourned at 6:34 p.m.

These minutes were approved Tuesday, June 09, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra Thomas, CMC
City Recorder

2009-04-15T10:21:00.000-07:00

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

2009-04-15T10:20:00.000-07:00

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

2009-02-06T13:35:00.000-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
MONDAY, JANUARY 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.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson and Verschuur (electronically) were present. City Attorney, David Lakin was present. Commissioner Plunk was absent.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of January. The recipients were Mr. John Johnson, Mr. Jer-Ming Chiu, Mr. David Rushton, and Mr. William Burks.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Regular Meeting Minutes, December 04, 2008, 6:30 p.m.
b. Special Meeting Minutes, December 15, 2008, 5:30 p.m.
2. Approval of the Meadows of Lakeland Secondary Detailed Development Plan. (Higbee)
3. Approval of first reading of an Ordinance amending Ordinance 07-105 to amend charges for copies of Public Records. (Wherry)
4. Approval of Proposal of the Department of Transportation of the State of Tennessee to the City of Lakeland, Tennessee. (Stuckert)
5. Approval of Drug & Alcohol Policy for the City of Lakeland. (Stuckert)
6. Approval of a Resolution changes meeting dates for 2009 BOC calendar. (Wherry)
Vice-Mayor Hartz moved to approve the Consent Agenda as presented and adopt on first reading an Ordinance of the City of Lakeland amending the fee schedule to provide amended fees for copying public records, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
• Don Oliver • 4400 Ravenwood Oak Drive • spoke in favor of Subdivision signage.

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

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:
1. Action on reduction of Letter of Credit amount for Corner Shops of Canada Road. (Stuckert/Morrissett)
Vice-Mayor Hartz moved to approve a Resolution reducing the amount of financial security for Corner Shops, LLC for public and private improvements located at Corner Shops of Canada Road, as amended, seconded by Commissioner Verschuur.

Amendment to Resolution states:
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAKELAND, TENNESSEE that the City of Lakeland agrees to reduce the security amount for the Corner Shops, LLC project upon the receipt of a substitute Letter of Credit from the current amount of $1,800,000.00 to $100,000.00.

Motion carried, roll call vote, 4-0.
Hartz aye
Verschuur aye
Nicholson aye
Carmichael aye

XI. NEW BUSINESS:
1. Action on appointment to the Parks & Recreation Board. (Board)
Commissioner Nicholson nominated Kumar Patel to serve the remaining term for James Bacon.
Vice-Mayor Hartz nominated Mike Fortner to serve the remaining term for James Bacon.

Nomination for Kumar Patel carried, roll call vote, 4-0.
Nicholson aye
Hartz aye
Verschuur aye
Carmichael aye

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 6:55 p.m., Monday, January 05, 2009

These minutes were approved on Thursday, February 05, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra Thomas, CMC
City Recorder

2009-01-12T13:37:00.000-08:00

SPECIAL CALLED MEETING FOR
MONDAY, DECEMBER 15, 2008, 5:30 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 final reading of an Ordinance amending Ordinance 07-105 pertaining to Sanitary Sewer User Rates, Sanitary Sewer Recapture Fees, Storm Sewer Fees, and Sanitation Fees.
• Discussion and/or possible action on release of bond for Corner Shops of Canada Road. (Plunk)

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 5:30 p.m., Monday, December 15, 2008.

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 § 6-20-108.

SPECIAL MEETING MINUTES

The Special Meeting was called to order at 5:32 p.m.

Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson and Verschuur (electronically) were present. Commissioner Plunk was absent. City Attorney, David Lakin was present.

Vice-Mayor Hartz moved to adopt on final reading an Ordinance amending Ordinance 07-105 pertaining to sanitary sewer user rates, sanitary sewer recapture fees, stormwater user fees and sanitation fees, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

Commissioner Verschuur moved to suspend the rules to discuss the releasing of Letter of Credit for Corner Shops of Canada Road, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

After substantial discussion, Commissioner Verschuur moved to postpone this item to the next meeting of the Board of Commissioners (December 22, 2008), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

There being no other business to discuss, Commissioner Nicholson moved to adjourn the meeting, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

The meeting adjourned at 5:53 p.m.

These minutes were approved Monday, January 05, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2009-01-12T13:36:00.000-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, DECEMBER 04, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor called the meeting to order at 6:30 p.m. Invocation and pledge was given by Vice-Mayor Mark Hartz.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson, Plunk and Verschuur were present. City Attorney David Lakin was present.

There being no amendments to the agenda, Mayor Carmichael moved to accept the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of December. The recipients were Mr. Jeffrey Dodson, Mr. Guion MaGee, Ms. Christy Willard and Mr. Sandy Cohen. No objections.

Mayor Carmichael presented a Proclamation to Brenda Lockhart, Parks Director for her efforts and contribution in the City of Lakeland receiving the Tennessee Recreation & Parks Association “Four Star Award for “Best New Facility” for Cities with population ranging in 10,000 to 20,000, the City of Lakeland being the recipient of the “Tier One Benchmarking Award”. No objections.

PUBLIC DISCUSSION
• Hank Hess • 9200 Green Spruce • addressed the Board regarding Boards/Commissions appointments.
• Tanya Wallace • 10100 Carly Drive • addressed the Board regarding Boards/Commissions appointments.
• Kumar Patel • 3800 Piper Bay • addressed the Board regarding Boards/Commissions appointments.
• Jeff Moder • 5200 Toni Rose Drive • addressed the Board regarding Boards/Commissions appointments.

III. PUBLIC HEARING:
• AN ORDINANCE AMENDING ORDINANCE 07-105 PERTAINING TO SANITARY SEWER USER RATES, SANITARY SEWER RECAPTURE FEES, STORM SEWER FEES, AND SANITATION FEES. (pg. 01)

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, November 06, 2008, 6:30 p.m. (pgs. 02-08)
2. Approval of final reading of an Ordinance of the City of Lakeland amending the Municipal Code, Title 2 Boards & Commissions, Chapter 2

Lakeland Design Review Commission, Section 2-202, 2-204 and 2-208. (Wherry) (pgs. 09-10)
3. Approval of final reading of an Ordinance creating Chapter 7, within Title 18 of the Lakeland Municipal Code establishing New Regulations governing the disbursement of Sewer Development Fees for over-sizing of Wastewater Collection Systems. (Stuckert) (pgs. 11-15)
4. Approval of recommendation of the Woodbridge Home Owners Association to appoint Mr. Jim Rutledge as their representative to the New Canada Road Stakeholder’s Committee instead of Mr. David Lookadoo. (Stuckert) (pg. 16)
5. Approval of Fiscal Year 2007/2008 Audit. (Wherry/Hughes) (pg. 17)
6. Approval of Resolution adopting Fiscal Year 2008/2009 Storm Water Phase II Financial Plan. (Stuckert) (pgs. 18-24)
7. Approval of Resolution rescheduling BOC January Meeting to Monday, January 5, 2009. (Wherry) (pg. 25)
Vice-Mayor Hartz moved to approve the Consent Agenda and adopt on final reading a Ordinance of the City of Lakeland amending the Municipal Code, Title 2 Boards & Commissions, Chapter 2 Lakeland Design Review Commission, Section 2-202, 2-204 and 2-208; and adopt on final reading an Ordinance creating Chapter 7 within Title 18 of the Lakeland Municipal Code establishing New Regulations governing the disbursement of Sewer Development Fees for over-sizing of Wastewater Collection Systems, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

NEW BUSINESS:
1. Action on MPC recommendation to approve Equestria Secondary Detailed Development Plan. (Higbee) (pgs. 42-43)
Commissioner Verschuur moved to approve a Resolution to approve a Secondary Detailed Development Plan for Equestria Phase 1, seconded by Commissioner Plunk.

Vice-Mayor Hartz moved to amend the Resolution to delete #8 – The Developer shall provide a dry laid 2” force main from the northern most manhole located in Lakeland Trace to a point located at roughly the mid point of the park site along Lakeland Trace; and renumber, seconded by Commissioner Nicholson.
Amendment carried, roll call vote, 3-2.
Hartz aye
Nicholson aye
Plunk aye
Verschuur nay
Carmichael nay

(*)Original Motion to approve Resolution to approve a Secondary Detailed Development Plan for Equestria Phase 1, as amended.

Motion carried, roll call vote, 5-0.
Verschuur aye
Plunk aye
Hartz aye
Nicholson aye
Carmichael aye

3. Action on Resolution authorizing an amendment to the Contract between the City of Lakeland and All Star Waste Systems, LLC dated March 16, 2008 dealing with sanitation services. (Stuckert)
Vice-Mayor Hartz moved to approve a Resolution authorizing an amendment to the Contract between the City of Lakeland and All Star Waste Systems, LLC dated March 16, 2006, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 3-2.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael nay

4. Action on appointment/re-appointment of citizen members to various Boards & Commissions, term beginning January 2009. (Board)
Design Review Commission
Position 1
Commissioner Verschuur nominated Sal Feraci; Vice-Mayor Hartz nominated Kumar Patel; Commissioner Plunk nominated Jeff Moder.
Nomination for Sal Feraci carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Position 2
Commissioner Nicholson nominated Lewis Cornett; Commissioner Plunk nominated Jeff Moder.
Nomination for Lewis Cornett carried, roll call vote, 3-1-1.
Nicholson aye
Hartz aye
Plunk nay
Verschuur pass
Carmichael aye

Position 3
Commissioner Plunk nominated Jeff Moder; Commissioner Verschuur nominated Kumar Patel.
Nomination for Jeff Moder carried, roll call vote, 5-0.
Plunk aye
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

Economic Development Commission
Position 1
Vice-Mayor Hartz nominated John Dudas; Commissioner Verschuur nominated Tanya Wallace.
Nomination for John Dudas carried, roll call vote, 3-2
Hartz aye
Nicholson nay
Plunk nay
Verschuur aye
Carmichael aye

Position 2
Vice-Mayor Hartz nominated Tanya Wallace; Commissioner Verschuur nominated Kumar Patel
Nomination for Tanya Wallace carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

Parks & Recreation Board
Position 1
Commissioner Nicholson nominated Hank Hess; Commissioner Verschuur nominated John Ward.
Nomination for Hank Hess carried, roll call vote, 4-1.
Nicholson aye
Hartz aye
Plunk nay
Verschuur aye
Carmichael aye

Position 2
Commissioner Verschuur nominated John Ward; Commissioner Nicholson nominated Mike Fortner; Vice-Mayor Hartz nominated Kumar Patel.

Nomination for John Ward carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

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

III. TREASURER’S REPORT: (pgs. 26-31)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 4-1 (Plunk)

IV. PUBLIC DISCUSSION:
• Opportunity for applicants applying for Boards and Commissions (Board of Appeals, Design Review Commission, Parks & Recreation Board, Natural Resources Board, Economic Development Commission) to appear before the Board of Commissioners and present their qualifications/interests in being appointed.

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

VI. SEWERAGE COMMISSION BUSINESS:

VII. OLD BUSINESS:
1. Action on final reading of an Ordinance amending Ordinance 07-105 pertaining to Sanitary Sewer User Rates, Sanitary Sewer Recapture Fees, Storm Sewer Fees, and Sanitation Fees. (Stuckert) (pgs. 32-41)
Vice-Mayor Hartz moved to adopt on final reading an Ordinance amending 07-105 pertaining to Sanitary Sewer User Rates, Sanitary Sewer Recapture Fees, Storm Sewer Fees, and Sanitation Fees, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

Mayor Carmichael moved to reconsider Old Business/Agenda Item 1: Final Reading of an Ordinance amending Ordinance 07-105 pertaining to Sanitary Sewer User Rates, Sanitary Sewer Recapture Fees, Strom Sewer Fees, and Sanitation Fees, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Commissioner Nicholson moved to postpone this item until the next called meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

VIII. NEW BUSINESS:
1. Action on MPC recommendation to approve Equestria Secondary Detailed Development Plan. (Higbee) (pgs. 42-43)
2. Action on Resolution for reimbursement for authorized expenses:
a. Request from Arlington High School PTA for reimbursement of expenses up to $1,500 (or amount designated by the Board) for window blinds. (Wherry) (pgs. 44-45)
Commissioner Plunk moved to approve a Resolution approving funds up to $1500 for Arlington High School PTSA, seconded by Mayor Carmichael.
Motion failed, roll call vote, 2-3.
Plunk aye
Hartz nay
Nicholson nay
Verschuur nay
Carmichael aye

b. Resolution authorizing the City Manager to approve reimbursement for eligible expenses up to $1,000 per school (or amount designated by the Board) upon requests from specified Shelby County Schools outside of the Lakeland city limits (Barrett’s Chapel Elementary School, Arlington Middle School, Bon Lin Middle School, Arlington High School, Bolton High School). (Wherry) (pg. 46)
Vice-Mayor Hartz moved to approve a Resolution allocating funds to reimburse up to $1000 for Shelby County Schools servicing Lakeland Students, seconded by Mayor Carmichael.
Motion failed, roll call vote, 2-3.
Hartz aye
Nicholson nay
Plunk nay
Verschuur nay
Carmichael aye

3. Action on a Resolution authorizing an amendment to the Contract between City of Lakeland and All Star Waste Systems, LLC dated March 16, 2008 dealing with sanitation services. (Stuckert) ~Taken Out Of Order~
4. Action on appointment/re-appointment of citizen members to various Boards and Commissions, term beginning January 2009. (Board) ~Taken Out Of Order~

5. Action on BOC liaison appointment to various Boards & Commissions. (Board)
With no objections, Commissioner Verschuur will be the BOC Liaison to the Board of Appeals and Commissioner Plunk will be the BOC Liaison to the Design Review Commission. Term beginning January 01, 2009 and expiring on December 31, 2009.

IX. ANNOUNCEMENTS:
• Lakeland Holiday Parade – Saturday, December 06th
• Christmas Holiday – December 24th – 26th
**City Hall Closed**

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

The meeting adjourned at 7:40 p.m., Thursday, December 04, 2008.

These minutes were approved on Monday, January 05, 2009.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-12-08T08:52:00.001-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, NOVEMBER 06, 2008, 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 was given by Bro. Joe Capebianco (Pastor of First Baptist Lakeland) and the pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY CITY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson, Plunk and Verschuur (electronically) were present. City Attorney David Lakin was present.

There being no amendments to the agenda, Mayor Carmichael moved to accept the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of November. The recipients were Mr. Charles Boydstun, Jr., Mr. Dean Pannell, Mr. Gary Johnson and Ms. Ann Forsyth.

PUBLIC DISCUSSION

• Wes Misenhelter • 3900 Forest Pointe Lane • Spoke in support of Lakeland Commons.
• Guy Forney • 10000 Santa Rosa Drive, Atoka • Spoke in regard to the “dam breach” – Lakeland Commons.
• Mark Lawrence • 9200 Salem Road • Spoke in support of Lakeland Commons.
• Kevin McDonald • 9500 Memphis-Arlington Road • Spoke in opposition of Lakeland Commons.
• Bill May • 10900 Chapel Hill Road • Spoke in support of Lakeland Commons.
• Larry Hamilton • Memphis Arlington Road • Spoke in support of Lakeland Commons.
• Walter Cornic • 3900 Forest Pointe Lane • Spoke in support of Lakeland Commons.
• Lisa Cornic • 3900 Forest Pointe Lane • Spoke in support of Lakeland Commons.
• Bob Davis • 9600 Wood Green Lane • Spoke in support of Lakeland Commons.
• Jim McCarter • 3000 Stonecrest Circle • Spoke in support of Lakeland Commons.
• Sid Kelly • 9900 Promotory Cove • Spoke in support of Lakeland Commons.
• Loren Martin • 10000 Gillespie Oak Cove • Spoke in opposition of Lakeland Commons.

• Susan Conner • 9400 Canabridge Drive • Spoke in support of Lakeland Commons.
• Tanya Wallace • 10100 Carly Drive • Spoke in opposition of Lakeland Commons.
• Lou Powell • 4400 Ravenwood Oak Drive • Spoke in opposition of Lakeland Commons.
• Kim Donovan • 9900 Memphis-Arlington Road • Spoke in opposition of Lakeland Commons.
• Shirlee Clark • 9600 Memphis-Arlington Road • Spoke in opposition of Lakeland Commons.
• Teresa Henry • 4600 Mitchwood Oak Drive • Spoke in opposition of Lakeland Commons. (Letter read by Shirlee Clark)
• Gary Ton • 4500 Ravenwood Oak Drive • Spoke in opposition of Lakeland Commons.
• Renee Dominguez • 5200 Ivy Creek Lane • Spoke in opposition of Lakeland Commons.
• Patti Russell • 10000 Iberville Cove • Spoke in opposition of Lakeland Commons.
• Don Austin • 10000 Iberville Cove • Spoke in opposition of Lakeland Commons.
• Tom Miller • 9600 U.S. Highway 70 • Spoke in opposition of Lakeland Commons.
• Denzel Garner • 4200 Herons Pond Lane • Spoke in opposition of Lakeland Commons.
• Ande Payne • 4300 Oak Point Circle • Spoke in support of Lakeland Commons.
• Bahadir Demirorsz • 4100 Herons Landing Lane • Spoke in opposition of Lakeland Commons.
• Ken Glatzer • 10200 Herons Ridge Drive • Spoke in opposition of Lakeland Commons.
• Vince Smith (Development) • Spoke on behalf of Lakeland Commons.
• David Shores (Development) • Spoke on behalf of Lakeland Commons.
• Richard Spore (Development) • Spoke on behalf of Lakeland Commons.
• James Dugan (Development) • Spoke on behalf of Lakeland Commons.
• Rick Winchester (Developer) • Spoke on behalf of Lakeland Commons.

NEW BUSINESS
1. Action on MPC recommendation for denial of Lakeland Commons Planned Development Plan. (Higbee)

Vice-Mayor Hartz moved that the Board of Commissioners deny approval of Lakeland Commons Planned Development Plan, based on the recommendation of the Municipal Planning Commission, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye

Mayor Carmichael called for a five (5) minute recess. No objections.

The meeting reconvened at 8:55 p.m.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, Thursday, October 02, 2008, 6:30 p.m.
2. Approval of final reading of an Ordinance creating Chapter 3 of Title 16 of the Lakeland Municipal Code establishing New Regulations governing road cuts and borings, requiring a permit and establishing a fee. (Stuckert)
3. Approval of final reading of an Ordinance of the City of Lakeland amending Section 5-101 of the Lakeland City Code to provide for Official Depositories for City Accounts. (Wherry)
4. Approval of final reading of an Ordinance amending the Municipal Code, Title 13, Chapter 4, Lakeland Tree Management Ordinances. (Bridges)
5. Approval of first reading of an Ordinance amending Ordinance 07-105 (Ordinance adopting the latest Fee Schedule) amending the Fee Schedule pertaining to Sanitary Sewer User Rates, Storm Sewer Fees and Sanitation Fees. (Stuckert)
6. Approval of a Resolution authorizing the purchase and installation of an emergency warning siren. (Wherry)
7. Approval of a Resolution authorizing the advertisement for appointment/reappointment of positions vacant on Boards and Commissions. (Boards)
8. Approval of a Resolution declaring Friday, December 26, 2008 a holiday and authorizing the closing of City Hall. (Wherry)
Commissioner Nicholson moved to approve the Consent Agenda and adopt on first reading an Ordinance amending Ordinance 07-105 amending the Fee Schedule pertaining to Sanitary Sewer User Rates, Storm Sewer Fees and Sanitation Fees; adopt on final reading an

Ordinance creating Chapter 3 of Title 16 of the Lakeland Municipal Code establishing New Regulations governing road cuts and borings, requiring a permit and establishing a fee; adopt on final reading an Ordinance of the City of Lakeland amending Section 5-101 of the Lakeland City Code to provide for Official Depositories for City Accounts; and adopt on final reading an Ordinance of the City of Lakeland amending the Municipal Code, Title 13, Chapter 4 Lakeland Tree Management Ordinance to adopt a policy of assuming responsibility for hazardous trees located within the publicly dedicated rights-of-way, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

NEW BUSINESS
2. Action on Lakeland’s 2008 Holiday Parade. (Staff)
a. Approval of $3,000 for reimbursement of authorized expenses.
Vice-Mayor Hartz moved to approve a Resolution of the City of Lakeland Board of Commissioners approving up to $3,000 for reimbursement for approved expenses for the Lakeland Holiday Parade on Saturday, December 06, 2008, seconded by Commissioner Verschuur. (*)

With no objections, Mayor Carmichael yielded the floor to Kathy Reagan of 4000 Pheasant Hill Cove South to speak in support of changing the name of the Holiday Parade to Christmas Parade.

Commissioner Plunk moved to amend the motion to approve $3,000 reimbursement contingent on renaming the Lakeland Holiday Parade to Lakeland Christmas Parade, seconded by Vice-Mayor Hartz.
Motion to amend failed, roll call vote, 1-4.
Plunk aye
Hartz nay
Nicholson nay
Verschuur nay
Carmichael nay

(*) Original Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye

b. Approval of Sign Plan.
Commissioner Verschuur moved to approve a Resolution of the Lakeland Board of Commissioners approving a Sign Plan for the Lakeland Holiday Parade, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

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

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:

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

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation to the BOC to adopt first reading of an Ordinance amending Ordinance 07-105 pertaining to sanitary sewer user rates, sanitary sewer recapture fees, storm sewer fees and sanitation fees. (Stuckert)
Commissioner Verschuur moved to recommend to the BOC to adopt on first reading an Ordinance amending Ordinance 07-105 pertaining to sanitary sewer user rates, sanitary sewer recapture fees, storm sewer fees and sanitation fees, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

2. Action on a recommendation to the BOC to adopt first reading of an Ordinance establishing Title 18, Chapter 7 of the Lakeland Municipal Code establishing new regulations governing the disbursement of sewer development fees for over-sizing of Wastewater Collection Systems. (Stuckert)
Vice-Mayor Hartz moved to recommend to the BOC to adopt on first reading an Ordinance establishing Title 18, Chapter 7 of the Lakeland Municipal Code establishing new regulations governing the disbursement of sewer development fees for over-sizing of Wastewater Collection Systems, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:
1. Action on appointments of New Canada Road Stakeholders Committee. (Stuckert)
Commissioner Verschuur recommended voting on each individual. No objections.
North – Vice-Mayor Hartz nominated Robert Elliot, Nomination carried, consensus; Vice-Mayor Hartz nominated Jay Conrad, Nomination carried, consensus.

South – Commissioner Nicholson nominated Pat Smith, Nomination carried, consensus; Commissioner Verschuur nominated James Farris, Nomination carried, roll call vote, 4-1(Plunk); Commissioner Plunk nominated Karl Koch (no action taken)

At-Large – Vice-Mayor Hartz nominated Shirlee Clark, Nomination carried, consensus; Vice-Mayor Hartz nominated Randy Brockwell, Nomination carried, roll call vote, 3-2 (Nicholson/Plunk); Commissioner Plunk nominated Rudolph Jones (no action taken)

2. Action on appointment of Board of Commissioner Liaison for the New Canada Road Stakeholders Committee.
Commissioner Vershuur nominated Vice-Mayor Hartz as the BOC liaison to the New Canada Road Stakeholder’s Committee. Nomination carried, consensus.

XI. NEW BUSINESS:
1. Action on MPC recommendation for denial of Lakeland Commons Planned Development Plan. (Higbee) (Taken out of order)
2. Action on Lakeland’s 2008 Holiday Parade. (Staff) (Taken out of order)
a. Approval of $3000 for reimbursement of authorized expenses.
b. Approval of Sign Plan.
3. Action on first reading of an Ordinance to prohibit signs in the rear yard of reversed frontage lots. (Atkinson)
Vice-Mayor Hartz moved to adopt on first reading an Ordinance to prohibit signs in the rear yard of reversed frontage lots, seconded by Commissioner Verschuur.
Motion failed, roll call vote, 1-4.
Hartz aye
Verschuur nay
Nicholson nay
Plunk nay
Carmichael nay

4. Action on recommendation from BOSC to adopt on first reading an Ordinance regarding Sanitary Sewer Fee in and around certain properties of Fairway Meadows. (Stuckert)
Commissioner Verschuur moved to adopt on first reading an Ordinance amending Ordinance 07-105 pertaining to Sanitary Sewer User Rates, Sanitary Sewer Recapture Fees, Storm Sewer Fees, and Sanitation Fees, seconded Commissioner Nicholson. Motion carried, voice vote, all in favor.

5. Action on recommendation from BOSC to adopt on first reading an Ordinance establishing Title 18, Chapter 7 of the Lakeland Municipal Code establishing new regulations governing the disbursements of sewer development fees for over-sizing of Wastewater Collection Systems. (Stuckert)
Commissioner Verschuur moved to adopt on first reading an Ordinance creating Chapter 7, within Title 18 of the Lakeland Municipal Code establishing New Regulations governing the disbursement of Sewer Development Fees for over-sizing of Wastewater Collection Systems, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:
o Veteran’s Day Holiday – November 11th
o Thanksgiving Day Holiday – November 27th -28th
**City Hall will be closed**
o Volunteer Appreciation Dinner – Tuesday, December 02nd
**Club Windward**

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

The meeting adjourned at 9:30 p.m., Thursday, November 06, 2008.

These minutes were approved Thursday, December 04, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-11-19T09:06:00.002-08:00

BOARD OF COMMISSIONER REGULAR MEETING MINUTES
THURSDAY, OCTOBER 02, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: With a quorum present, Vice-Mayor Hartz called the meeting to order at 6:30 p.m. Invocation and pledge was given by Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael (electronically), Vice-Mayor Hartz, Commissioners Nicholson, Plunk and Verschuur were present. City Attorney David Lakin was present.

Vice-Mayor Hartz presented the “Get Caught Recycling” Certificates for the month of October. The recipients were Mr. Medardo Malic, Mr. Andy Justice, Ms. Jill Early and Mr. Stuart Johns.

With no amendments (additions/deletions) to the agenda, Vice-Mayor Hartz moved to adopt the agenda as presented. No objections.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, Thursday, September 04, 2008, 6:30 p.m.
2. Approval of Resolution on City Hall Expansion/Remodeling. (Wherry)
3. Approval of a Resolution establishing a policy concerning Identity Theft. (Wherry) Approval of first reading of an Ordinance amending the Municipal Code, Title 4 Building, Utility and Housing Codes, Chapter 3, Lakeland Design & Review Commission, Sections 4-302, 4-304, and 4-308. (Wherry)
4. Approval of first reading of an Ordinance creating Chapter 3 of Title 16 of the Lakeland Municipal Code establishing New Regulations governing road cuts and borings, requiring a permit and establishing a fee. (Stuckert)
5. Approval of first reading of an Ordinance of the City of Lakeland amending Section 5-101 of the Lakeland City Code to provide for Official Depositories for City Accounts. (Wherry)
6. Approval of first reading of an Ordinance amending the Municipal Code, Title 13, Chapter 4, Lakeland Tree Management Ordinance. (Bridges)
7. Approval of Grant Request to Tennessee Department of Environment and Conservation for Low Impact Development Projects. (Stuckert)
8. Approval of Resolution approving contract for engineering services concerning the I-40 and Canada Road Interchange. (Wherry/Stuckert)

Commissioner Verschuur moved to approve the Consent agenda and adopt on first reading an Ordinance amending the Municipal Code, Title 4 Building, Utility and Housing Codes, Chapter 3, Lakeland Design & Review Commission, Sections 4-302, 4-304, and 4-308; adopt on first reading an Ordinance creating Chapter 3 of Title 16 of the Lakeland

Municipal Code establishing New Regulations governing road cuts and borings, requiring a permit and establishing a fee; first reading of an Ordinance of the City of Lakeland amending Section 5-101 of the Lakeland City Code to provide for Official Depositories for City Accounts; and first reading of an Ordinance amending the Municipal Code, Title 13, Chapter 4, Lakeland Tree Management Ordinance, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0
Verschuur aye
Nicholson aye
Plunk aye
Hartz aye
Carmichael aye

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

VI. TREASURER’S REPORT: Commissioner Verschuur moved to file the Treasurer’s Report, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-1.
Verschuur aye
Nicholson aye
Plunk nay
Hartz aye
Carmichael aye

VII. PUBLIC DISCUSSION:

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

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:
1. Action on appointment to Canada Road Stakeholders Committee. (Stuckert)
Commissioner Verschuur moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Commissioner Verschuur moved to adopt a Resolution establishing a Stakeholders Committee and its makeup and providing for a selection process to be used to appoint members for each category as amended, seconded by Mayor Carmichael.
Motion carried, roll call vote, 5-0.

Verschuur aye
Nicholson aye
Plunk aye
Hartz aye
Carmichael aye

2. Action on Resolution requesting a change in Tennessee State Law on Golf Carts. (Wherry)
Commissioner Verschuur moved to approve a Resolution supporting action by the Tennessee State Legislature to allow cities to regulate and authorize the use of golf carts on certain city streets, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

XI. NEW BUSINESS:

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 7:38 p.m., Thursday, October 02, 2008.

These minutes were approved Thursday, November 06, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-11-19T09:06:00.001-08:00

BOARD OF COMMISSIONERS REGULAR MEETING AGENDA
THURSDAY, SEPTEMBER 04, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: There being a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge was given by Vice-Mayor Hartz.

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 4: Action on Resolution approving the Execution & Delivery of one or more Loan Agreements for the purpose of providing funds for financing certain public works projects for the City of Lakeland, Tennessee; and New Business Agenda Item 5: Action on a Resolution approving the City of Memphis Animal Control Housing Agreement. No objections.

With no other modifications (additions/deletions) to the agenda, Mayor Carmichael moved to adopt the agenda as amended, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Officer Land of Shelby County Sheriff’s Department to give the Crime Report for the month of August.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Regular Meeting Minutes, Thursday, August 07, 2008, 6:30 p.m.
b. Special Meeting Minutes, Thursday, August 14, 2008, 6:30 p.m.
2. Approval of I.H. Clubhouse Agreement. (Wherry/Lockhart/Lakin)
3. Approval of final reading of an Ordinance creating Chapter 2 of Title 16 pertaining to adoption of the City of Lakeland Public Works Construction and Material Specifications Manual (Stuckert)
4. Approval of revision of Kensington Manor Development Contract. (Stuckert) (Removed from Consent Agenda)
Commissioner Nicholson moved to approve the Consent Agenda (Items 1-3) and adopt on final reading an Ordinance creating Chapter 2 of Title 16 pertaining to adoption of the City of Lakeland Public Works Construction and Material Specifications Manual, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of September. The recipients were Ms. Patti Patterson, Ms. Melissa Phillips, Ms. Andrea Jackson and Mr. John Mayberry.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
4. Approval of revision of Kensington Manor Development Contract. (Stuckert)
Commissioner Nicholson moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to City Staff.

After a substantial amount of discussion, it was a consensus of the Board to take no action on this item.

BOARD OF SEWERAGE COMMISSION
1. Action on recommendation to authorize a Contract with Mid-South Septic for sanitary sewer line repairs. (Stuckert)
Commissioner Verschuur moved to recommend authorization of a Contract with Mid-South Septic for sanitary sewer line repairs, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

NEW BUSINESS
3. Action on BOSC recommendation to approve contract with Mid-South Septic for Lakeland Estates Sanitary Sewer Improvements. (Stuckert)
Commissioner Verschuur moved to approve a Resolution authorizing a Construction Contract with Mid-South Septic Services, LLC for Lakeland Estates Sanitary Sewer Improvements, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Verschuur aye
Nicholson aye
Hartz aye
Plunk aye
Carmichael aye

VI. TREASURER’S REPORT: Commissioner Verschuur moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, 4-1 (Plunk).

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
• Update on property dispute (Adam Hughes Property/Old Brownsville Road). (Stuckert) ~ No Discussion/Action~

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on recommendation to authorize a Contract with Mid-South Septic for sanitary sewer line repairs. (Stuckert) ~Action taken out of order~

X. OLD BUSINESS:
1. Action on Agreement with Shelby County for Fire Station #2. (Wherry)
Commissioner Verschuur moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve an Agreement between the City of Lakeland and Shelby County Government for Fire Station 1 & 2 as amended, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Plunk aye
Nicholson aye
Verschuur aye
Carmichael aye

2. Discussion and Action on a Resolution establishing a Stonebridge Golf Course Purchase Committee and appointing members to said Committee. (Wherry/Lakin)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz.

After extensive discussion, Commissioner Verschuur moved to take no action on this item at this time, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 3-2.
Verschuur aye
Nicholson aye
Hartz aye
Plunk nay
Carmichael nay

Commissioner Plunk moved to reword the Resolution entitled: A Resolution establishing a Stonebridge Golf Course Purchase Committee and appointing members to said Committee, seconded by Vice-Mayor Hartz.

Point of Order: Commissioner Verschuur raised a Point of Order to state the motion is futile based on the prior motion (to take no action). Chair sustained.

Commissioner Verschuur moved that the existing Golf Course Committee propose a long range business plan regarding the Golf Course, seconded by Commissioner Plunk.
Motion failed, roll call vote, 2-2-1.

Verschuur aye
Plunk abstain
Hartz nay
Nicholson nay
Carmichael aye

3. Action on City Hall Expansion/Remodeling. (Wherry)
Vice-Mayor Hartz moved to postpone definitely until the next work session (09/29/08), seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

XI. NEW BUSINESS:
1. Action on Lion’s Club Agreement regarding phone number. (Wherry)
Commissioner Nicholson moved to approve an Agreement between the City of Lakeland, Tennessee and the Lakeland Lions Club, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

2. Action on recommendation on Management Agreement for leasing the house at 9996 Memphis-Arlington Road. (Wherry)
Commissioner Verschuur moved to approve a Resolution approving an Agreement with ERA Chamberwood Realty Group & Property Management Services for managing Leasing Arrangements of City owned house at 9996 Memphis-Arlington Road, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

3. Action on BOSC recommendation to approve contract with Mid-South Septic for Lakeland Estates Sanitary Sewer Improvements. (Stuckert)
~Taken Out of Order~

4. Action on Resolution approving the Execution & Delivery of one or more Loan Agreements for the purpose of providing funds for financing certain public works projects for the City of Lakeland, Tennessee.
Vice-Mayor Hartz moved to approve a Resolution approving the Execution & Delivery of one or more Loan Agreements for the purpose of providing funds for financing certain public works projects for the City of Lakeland, Tennessee, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

5. Action on Resolution approving the City of Memphis Animal Control Housing Agreement.
Vice-Mayor Hartz moved to approve a Resolution approving the City of Memphis Animal Control Housing Agreement, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:
• BOC Fall Retreat – Saturday, September 27, 2008, 8:00 a.m.
• BOC Work Session – Monday, September 29, 2008, 6:30 p.m.

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

The meeting adjourned at 8:08 p.m., Thursday, September 04, 2008.

These minutes were approved Thursday, October 02, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-09-05T13:09:00.000-07:00

SPECIAL CALLED MEETING FOR
THURSDAY, AUGUST 14, 2008, 5:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

The City Manager requested the City Recorder to call a Special Called 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 authorizing Mayor to execute a Memorandum of Understanding concerning a Shelby County Environmental Infrastructure Grant. (Wherry)

• Discussion and/or Possible Action on Agreement with Shelby County for Fire Station #2. (Wherry)

• Discussion and/or Possible Action on a Resolution expressing support of the concept of a YMCA in Lakeland.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 5:30 p.m., Thursday, August 14, 2008.

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

With a quorum present, the Special Meeting was called to order at 5:33 p.m.

Mayor Carmichael, Vice-Mayor Hartz, Commissioner Nicholson and Plunk (arrived at 6:15) were present. Commissioner Verschuur was absent. City Attorney David Lakin was present.

• Discussion and/or Possible Action on authorizing Mayor to execute a Memorandum of Understanding concerning a Shelby County Environmental Infrastructure Grant. (Wherry)

Mayor Carmichael moved to suspend the rules for discussion on the Memorandum of Understanding concerning a Shelby County Environmental Infrastructure Grant, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Mayor Carmichael yielded the floor to Ted Fox, Shelby County Public Works Director. No objections.

Vice-Mayor Hartz moved that the Board of Commissioners authorize the Mayor to execute a Memorandum of Understanding concerning Shelby County Environmental Infrastructure, seconded by Commissioner Nicholson.

Friendly Amendment: The Memorandum of Understanding conveys the substance of the Memorandum of Understanding dated July 31, 2008. No objections.
Motion carried, roll call vote, 3-0.
Hartz aye
Nicholson aye
Carmichael aye

• Discussion and/or Possible Action on Agreement with Shelby County for Fire Station #2. (Wherry)

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

Mayor Carmichael yielded the floor to Robert Wherry, City Manager and Shelby County Public Works Director, Ted Fox. No objections.

Fire Chief, Clarence Cash addressed the Board of Commissioners regarding establishing a Lakeland Fire Department. No objections.

After a substantial amount of discussion, Vice-Mayor Hartz moved to postpone until the Work Session (August 25, 2008), seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor (4-0).

Note: Commissioner Plunk arrived at 6:15 p.m.

• Discussion and/or Possible Action on a Resolution expressing support of the concept of a YMCA in Lakeland.

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

Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners to express support for a privately funded Market Feasibility Study regarding location of a multi-purpose wellness and recreation facility in the City of Lakeland, seconded by Commissioner Nicholson.

Amendment to the Resolution as follows:

NOW, THEREFORE, BE IT RESOLVED, as follows:

2. The Board of Commissioners of the City of Lakeland welcomes the YMCA and their efforts to develop facilities,

Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

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

The meeting adjourned at 6:55 p.m., Thursday, August 14, 2008.

These minutes were approved Thursday, September 04, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-09-05T13:08:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, AUGUST 07, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: There being 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.

Mayor Carmichael moved to accept the agenda as submitted. No objections.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates for the month of August. The recipients were Mrs. Cassandra Belward, Mr. Steve Warner, Ms. Cheryl Riggen and Ms. Pamela Garner.

Mayor Carmichael yielded the floor to Adams Hughes • Old Brownsville Road to discuss property dispute. No objections.

NEW BUSINESS:

1. Action on participating in a survey on recreational and other priorities for Lakeland residents. (Wherry) (pgs. 21-22)
Vice-Mayor Hartz moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

With no objections, the floor was yielded to Dexter Muller, Project Manager. Keith Johnson, president of YMCA of Memphis and the Mid-South, addressed questions from the Board of Commissioners.

With no objections, Shirlee Clark, EDC Member addressed the Board in favor of the YMCA- recommending expanding the Feasibility Study.

After a substantial amount of discussion, Commissioner Verschuur moved to approve a resolution entitled: A Resolution of the Lakeland Board of Commissioners authorizing participation in a survey by Four-Square Research, Inc., seconded by Mayor Carmichael.
Motion failed, roll call vote, 2-3.
Verschuur aye
Hartz nay
Nicholson nay
Plunk nay
Carmichael aye

2. Action on authorizing a contract with Fisher & Arnold for professional services work on New Canada Road re-alignment. (Stuckert)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing a Professional Services Contract with Fisher & Arnold, Inc. for Phase I services related to the Design and Construction of New Canada Road, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Special Meeting Minutes, June 30, 2008, 6:00 p.m.
b. Regular Meeting Minutes, July 10, 2008, 6:30 p.m.
2. Approval of terms of members of the Natural Resources Board. (Wherry)
a. Approval of Resolution designating citizen appointees to the Natural Resources Board as Seats 1, 2, 3, 4, 5 and 6 with the initial terms for Seats 1 and 2 expiring on December 31, 2009; initial terms for seats 3 and 4 expiring on December 31, 2010 and initial terms for Seats 5 and 6 expiring December 31, 2011. (Wherry)
b. Approval of a Resolution appointing the current members of the Natural Resources Board to Seats 1, 2, 3, 4, 5 and 6 as designated in Resolution. (Wherry/Bridges)
3. Approval of a Resolution scheduling the Board of Commissioners October Regular Meeting for October 02, 2008.
Vice-Mayor Hartz moved to approve the Consent Agenda, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

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

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:

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

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on authorizing Change Order with Mid-South Septic for additional cleaning and inspection of sewer lines in the Lakeland Estates Subdivision. (Stuckert)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution authorizing a Change Order with Mid-South Septic, LLC for additional work related to the Lakeland Estates Sanitary Sewer Inspection Project, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

X. OLD BUSINESS:
1. Action on I.H. Club Agreement. (Wherry/Lockhart/Lakin)
Vice-Mayor Hartz moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

After substantial discussion, Mayor Carmichael moved to postpone action until the next scheduled meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

XI. NEW BUSINESS:
1. Action on participating in a survey on recreational and other priorities for Lakeland residents. (Wherry) ~Taken Out of Order.

2. Action on authorizing a contract with Fisher & Arnold for professional services work on New Canada Road re-alignment. (Stuckert)~Taken Out of Order.

3. Action on Agreement with Shelby County for Fire Station #2. (Wherry)
Mayor Carmichael moved to postpone action until the next scheduled meeting, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 7:23 p.m., Thursday, August 07, 2008.

These minutes were approved Thursday, September 04, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-08-13T07:32:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JULY 10, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: There being a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY CITY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson and Verschuur were present. City Attorney David Lakin was present. Commissioner Clark Plunk was absent.

Vice-Mayor Hartz moved to amend the agenda to add New Businees/Agenda Item 4: Action on Evergreen Hills Phase 2 & 3 End of Warranty and Release of Letter of Credit; Sewerage Commission Business/Agenda Item 1: Action on recommendation to the Board of Commissioners to authorize disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons; Sewerage Commission Business/Agenda Item 2: Action on recommendation to the Board of Commissioners to approve a Sanitary Sewer System for May Investments. No objections

With amendments submitted, Mayor Carmichael moved to accept the agenda as amended, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of July. Recipients were Ms. Melissa Phillips, Mr. Michael Disalvo, Ms. Nadia Menard and Mr. George Bradshaw.

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

SEWERAGE COMMISSION BUSINESS
2. Action on recommendation to the Board of Commissioners to approve a Sanitary Sewer System for May Investments. (Stuckert)
Vice-Mayor Hartz moved to recommend to the Board of Commissioners approval of a Sanitary Sewer System for May Investments, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

NEW BUSINESS
3. Action on approval of a Sanitary Sewer System for May Investments. (Stuckert) (pgs. 119-123)
Vice-Mayor Hartz moved to suspend the rules for discussion, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing May Investments, LLC to connect to the Lakeland Public Sewer System for property identified by the Shelby County Tax Assessor ad L015000338, L015000354 and L015000355, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

1. Action on Herons Ridge/Section C & D Development Contract. (Stuckert) (pgs. 84-114)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with G3 Land Company, LLC for a one hundred residential lot subdivision to be known as Herons Ridge Sections C & D Planned Residential Development, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

4. Action on Evergreen Hills Phase 2 & 3 End of Warranty and Release of Letter of Credit.
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing the reduction of the security for completion of all public improvements for Evergreen Hills Phases II & III, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

III. PUBLIC HEARING:

IV. CONSENT AGENDA
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, June 12, 2008, 6:30 p.m. (pgs. 01-07)
2. Approval of final reading of an Ordinance creating Chapter 3, Title 12 of the Lakeland Municipal Code establishing new regulations governing the construction of retaining walls, requiring a permit and establishing a fee. (Stuckert) (pgs. 08-13)

3. Approval of Kensington Manor/Phase I Development Contract. (Stuckert) (pgs. 14-46)
4. Approval of first reading of an Ordinance creating Chapter 2 of Title 16 pertaining to adoption of the City of Lakeland Public Works Construction and Material Specifications Manual. (Stuckert) (pgs. 47-49)
5. Approval of Contract to Audit for Fiscal Year 2007/2008. (Wherry) (pgs. 50-63)
6. Approval of the 2008 Tennessee Recreation Parks Association State Conference. (Lockhart) (pg. 64)

With no objections, Commissioner Verschuur removed Consent Agenda Item 2: Approval of final reading of an Ordinance creating Chapter 3, Title 12 of the Lakeland Municipal Code establishing new regulations governing the construction of retaining walls, requiring a permit and establishing a fee.

Commissioner Verschuur moved to approve the Consent Agenda Items 1, 3-6 and adopt on first reading of an Ordinance creating Chapter 2 of Title 16 pertaining to adoption of the City of Lakeland Public Works Construction and Material Specifications Manual, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
2. Approval of final reading of an Ordinance creating Chapter 3, Title 12 of the Lakeland Municipal Code establishing new regulations governing the construction of retaining walls, requiring a permit and establishing a fee. (Stuckert) (pgs. 08-13)
Commissioner Verschuur moved to suspend the rules for discussion, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to accept the amendments as noted in the Work Session packet pages 10-11 as submitted by Staff.

Commissioner Verschuur moved to adopt on final reading an Ordinance creating Chapter 3, Title 12 of the Lakeland Municipal Code establishing new regulations governing the construction of retaining walls, requiring a permit and establishing a fee as amended, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 4-0.
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

VI. TREASURER’S REPORT: (pgs. 65-70)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried voice vote, all in favor.

SEWERAGE COMMISSION BUSINESS
1. Action on recommendation to the Board of Commissioners to authorize disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons. (Stuckert)
Vice-Mayor Hartz moved to recommend to the Board of Commissioner authorization of the disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

NEW BUSINESS
2. Action on authorizing the disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons. (Stuckert) (pgs. 115-118)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution declaring certain Wastewater Treatment equipment as surplus property with no value and providing for the disposal of such equipment to the City of Parsons, Tennessee, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 4-0.
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

OLD BUSINESS
1. Action on agreement with I.H. Club for the City scheduling the I.H. Clubhouse. (Wherry) (pgs. 71-83)
Vice-Mayor Hartz moved to postpone action definitely until the next work session (July 28, 2008), seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Report on Stonebridge Golf Course purchase. (Wherry) ~Report deferred to the July 28th Work Session~

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on recommendation to the Board of Commissioners to authorize disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons. (Stuckert) ~Taken out of Order~

2. Action on recommendation to the Board of Commissioners to approve a Sanitary Sewer System for May Investments. (Stuckert) ~Taken out of Order~

X. OLD BUSINESS:
1. Action on agreement with I.H. Club for the City scheduling the I.H. Clubhouse. (Wherry) (pgs. 71-83) ~Taken out of Order~

XI. NEW BUSINESS:
1. Action on Herons Ridge/Section C & D Development Contract. (Stuckert) (pgs. 84-114) ~Taken out of Order~
2. Action on authorizing the disposal of excess surplus Wastewater Treatment Plant equipment to the City of Parsons. (Stuckert) (pgs. 115-118) ~Taken out of Order~

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 7:15 p.m., Thursday, July 10, 2008.

These minutes were approved Thursday, August 07, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-08-13T07:31:00.000-07:00

SPECIAL CALLED MEETING FOR
MONDAY, JUNE 30, 2008, 6:00 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 approval of a request for a Fireworks Display Permit submitted by Karen Woodward.

• Discussion and/or Possible Action on approval of proposal for surveillance camera at Zadie Kuehl Park.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:00 p.m., Monday, June 30, 2008.

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 meeting was called to order at 6:09 p.m., Monday, June 30, 2008.

Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson and Verschuur were present. City Attorney David Lakin was present. Commissioner Clark Plunk was absent.

Discussion and/or Possible Action on approval of a request for a Fireworks Display Permit submitted by Karen Woodward.

Vice-Mayor Hartz moved to suspend the rules to discuss the request for a Fireworks Display Permit submitted by Karen Woodward, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve the application for a Fireworks Display Permit as submitted by Karen Woodward, seconded by Commissioner Verschuur.

Commissioner Verschuur moved to amend the motion (friendly amendment) to waive the $500 permit fee, seconded by Vice-Mayor Hartz. No objections.

Motion to approve application for a Fireworks Display Permit as submitted by Karen Woodward as amended.
Motion carried, roll call vote, 4-0.
Hartz aye
Verschuur aye
Nicholson aye
Carmichael aye

Discussion and/or Possible Action on approval of proposal for surveillance camera at Zadie Kuehl Park.

Vice-Mayor Hartz moved to approve a Resolution approving a proposal from Dillard Door for $9,083.70 for providing video surveillance equipment at Zadie Kuehl Park, seconded by Mayor Carmichael.
Motion carried, roll call vote, 4-0.
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

With no objections, Vice-Mayor Hartz moved to adjourn the meeting.

The meeting adjourned at 6:30 p.m., Monday, June 30, 2008.

These minutes were approved Thursday, August 07, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-07-15T13:56:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JUNE 12, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: There being a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation was given by Sheriff Mark Luttrell, Shelby County Sheriff; 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 were present. City Attorney David Lakin was present.

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

Vice-Mayor Hartz moved to amend the agenda to add as New Business Agenda Item 2: Discussion and Possible Action on approval of Fireworks Application, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael moved to adopt the agenda as amended.

Mayor Carmichael yielded the floor to Sheriff Mark Luttrell to update the Board of Commissioners of the crime statistics of Shelby County and the City of Lakeland. No objections.

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 May 2008.

Mayor Carmichael presented residents with the “Get Caught Recycling” Awards for the month of June. The recipients were: Ms. Pat Beard, Mr. Michael Ferrell, Mr. David Tribo and Mr. Harold Tickle.

Mayor Carmichael presented Gerri Burditt with a Proclamation and “Key to the City” for being selected as “Citizen of the Year” presented by Lakeshores Ladies Club.

Mayor Carmichael presented Al Scrip with a Proclamation and “Key to the City” for his meritorious service, loyalty and dedication to the City of Lakeland.

Captain Paul Pritt presented a “Camp Buehring” Certificate and flag (flown on the 5th Anniversary of Operation Iraqi Freedom) in honor of the City of Lakeland to the Mayor & Commissioners.

With no objections, Mayor Carmichael opened the floor for public discussion. Mr. Ken Glatzer • Herons Ridge Subdivision spoke in opposition of approving the Secondary Detailed development Plan for Sections “C” and “D” of the Herons Ridge Planned Development.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of final reading of an Ordinance adopting a budget for Fiscal Year July 01, 2008 through June 30, 2009. (Wherry) (pg. 1)
2. Approval of a Resolution authorizing City Staff to authorize temporary signs for Neighborhood Association/HOA Meetings. (Atkinson) (pgs. 02-05)
3. Approval of a contract with B & C Construction Company, Inc. for demolition of structure located at 10027 U.S. Highway 70, Lakeland, Tennessee in the amount of $12,500. (Stuckert) (pgs. 06-15)
4. Approval of Development Contract with Greenbrier Partners, LLC for Evergreen Subdivision Phase I. (Stuckert) (pgs. 16-47)
5. Approval of first reading of an Ordinance creating Chapter 3, Title 12 of the Lakeland Municipal Code establishing new regulations governing the construction of retaining walls, requiring a permit and establishing a fee. (Stuckert) (pgs. 48-54)
6. Approval of recommendation of the Municipal Planning Commission to approve Kensington Manor Secondary Detailed Development Plan. (Higbee) (pgs. 55-59)
7. Approval of recommendation of the Municipal Planning Commission to approve Herons Ridge, Section C & D Secondary Detailed Development Plan. (Atkinson) (pgs. 60-62)
8. Approval of contract for the Park Master Plan. (Wherry) (pg. 63)
9. Approval of Capital Improvement Budget. (Wherry) (pg. 64)
10. Approval of contract for printing of Lakeland Phone Book. (Wherry) (pg. 65)
11. Approval of Fall Retreat scheduled date of Saturday, September 27, 2008. (Wherry) (pg. 66)
Vice Mayor Hartz moved to approved the Consent Agenda and adopt on final reading an Ordinance adopting a budget for Fiscal Year July 01, 2008 through June 30, 2009 and adopt on first reading an Ordinance creating Chapter 3. Title 12 of the Lakeland Municipal Code establishing new regulations governing the construction of retaining walls, requiring a permit and establishing a fee, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

Old Business
2. Action on appointments to the Lakeland Natural Resources Board.
Mayor Carmichael opened the floor for nominations to the Natural Resources Board.

Vice Mayor Hartz nominated Mark Mangone; Commissioner Verschuur nominated Tony Neri; Commissioner Nicholson nominated Billie Fae Horton; Vice Mayor Hartz nominated Jeff Konieczny; Commissioner Verschuur nominated Jerry James; Commissioner Nicholson nominated Peter Marsh and Vice Mayor Hartz nominated Billy Rodgers.

Nomination for Mark Mangone carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

Nomination for Tony Neri carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Nomination for Billie Fae Horton carried, roll call vote, 5-0.
Nicholson aye
Hartz aye
Plunk aye
Verschuur aye
Carmichael aye

Nomination for Jeff Konieczny carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

Nomination for Jerry James carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Nomination for Peter Marsh carried, roll call vote, 5-0.
Nicholson aye
Hartz aye
Plunk aye
Verschuur aye
Carmichael aye

By Consensus of the Board, Commissioner Nicholson will serve as liaison to the Natural Resources Board.

3. Action on appointments to the Lakeland Parks & Recreation Board. (Board) (pgs. 124-128)
Commissioner Verschuur nominated Bennie Cobb to the Parks & Recreation Board; Vice Mayor Hartz nominated Alison Ely.

Nomination for Bennie Cobb carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

5. Action on the purchase of property (Lancaster Property) soccer fields. (Wherry) (pg. 130)
Vice Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing the City Manager to submit an offer to purchase property commonly known as 9996 Memphis-Arlington Road, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 4-1.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael nay

4. Action on authorizing Requests for Proposals for an Operational Audit and feasibility study concerning the possible purchase of Stonebridge Golf Course. (Wherry) (pg. 129)
Commissioner Verschuur moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Vice Mayor Hartz moved to authorize the City Manager to obtain proposals for an Operational Audit Feasibility Study, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson nay
Plunk aye
Carmichael aye

New Business
2. Discussion and Possible Action on approval of Fireworks Application. (Staff)

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

With no objections, it was a consensus of the Board to defer action on this item until the City Attorney reviews the applicant’s information.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, May 01, 2008, 6:30 p.m. (pgs. 67-70)
Commissioner Verschuur moved to approve the Regular Meeting Minutes of May 01, 2008, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

b. Special Meeting Minutes, May 20, 2008, 6:30 p.m. (pgs. 71-74)
Vice-Mayor Hartz moved to approve the Special Meeting Minutes of May 20, 2008, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

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:

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

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:
1. Action on leasing of vehicles. (Wherry) (pgs. 75-94)
Commissioner Verschuur moved to approve a Resolution authorizing the Lease of vehicles under a Master Lease Agreement with Enterprise Leasing, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on appointments to the Lakeland Natural Resources Board. (Board) (pgs. 95-123) ~Taken out of order~
3. Action on appointments to the Lakeland Parks & Recreation Board. (Board) (pgs. 124-128) ~Taken out of order~
4. Action on authorizing Requests for Proposals for an Operational Audit and feasibility study concerning the possible purchase of Stonebridge Golf Course. (Wherry) (pg. 129) ~Taken out of order~
5. Action on the purchase of property (Lancaster Property) soccer fields. (Wherry) (pg. 130) ~Taken out of order~

XI. NEW BUSINESS:
1. Action on agreement with I.H. Club for the City scheduling the I.H. Clubhouse. (Wherry/Lockhart) (pgs. 131-142)
Commissioner Verschuur moved to suspend the rules for discussion, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

After a substantial amount of discussion, Commissioner Verschuur moved to postpone action definitely until the next work session (06.30.2008), seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

New Business
2. Vice-Mayor Hartz moved to approve a Fireworks Display Permit to Craig Akers after verification of ATF (Alcohol, Tobacco, Firearms) License and Certificate of Insurance with the City of Lakeland as the Certificate Holder, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 8:05 p.m., Thursday, June 12, 2008.

These minutes were approved Thursday, July 10, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-06-16T07:58:00.001-07:00

SPECIAL CALLED MEETING FOR
TUESDAY, MAY 20, 2008, 6:30 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 final reading of an Ordinance creating Chapter 7 of Title 18 of the Lakeland Municipal Code pertaining to adoption of a Stormwater Management Program and for the Assessment of Fees. (Stuckert)

• Discussion and/or possible action on final reading of an Ordinance on an amendment to the Fee Schedule, changing the term of “Building Permit” and providing for fees for Engineering Review of building permit drainage and erosion plans, and where required fees for Architectural Design Review and the Sewer Inspection of the actual connection to the public sewer line. (Stuckert)

• Discussion and/or possible action on an Ordinance amending Ordinance amending Ordinance 07-105 pertaining to sewer user rates, sewer development fees and connection fees. (Stuckert)

• Discussion and/or possible action on purchase of the property east of the City Hall Park soccer fields. (Wherry)

• Discussion and/or possible action on City of Lakeland 2008/2009 Fiscal Year Budget. (Wherry)

• Discussion and/or possible action on General Fund Personnel and Pay Plan. (Wherry)

• Discussion and/or possible action on Sewer Fund Financial Plan. (Wherry)

• Discussion and/or possible action on Sewer Fund Personnel and Pay Plan. (Wherry)

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:30 p.m., Tuesday, May 20, 2008.

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 § 6-20-108.

SPECIAL MEETING MINUTES

The Special Meeting was called to order at 6:30 p.m.

Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson, Plunk and Verschuur were present. City Attorney David Lakin was present.

Commissioner Verschuur moved to adopt on final reading an Ordinance creating Chapter 7 of Title 18 of the Lakeland Municipal Code pertaining to adoption of a Stormwater Management Program and for the Assessment of Fees, seconded by Vice-Mayor Hartz.

Commissioner Verschuur moved to approve amendments as follows:
18-709. Property Classification for Stormwater User’s Fee.

1 (b) Other developed property.

(3) Other developed property and fee. The fee for other developed …

a. For other developed properties that discharge …
b. For other developed properties that utilize …

(Note: Amendments italicized and underlined)

Amendment seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Motion to adopt on final reading an Ordinance creating Chapter 7 of Title 18 of the Lakeland Municipal Code pertaining to adoption of a Stormwater Management Program and for the Assessment of Fees as amended.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Vice-Mayor Hartz moved to adopt on final reading an Ordinance on an amendment to the Fee Schedule, changing the term of “Building Permit” and providing for fees for Engineering Review of building permit drainage and erosion plans, and where required fees for Architectural Design Review and the Sewer Inspection of the actual connection to the public sewer line, seconded by Commissioner Nicholson.

Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

Vice-Mayor Hartz moved to adopt on final reading an Ordinance amending Ordinance 07-105 pertaining to sewer user rates, sewer development fees and connection fees, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

Commissioner Verschuur moved to suspend the rules for discussion of the purchase of property east of the City Hall Park soccer fields, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

After a substantial amount of discussion, Commissioner Plunk moved that the Board of Commissioners authorize the City Manager to draft an offer letter for the purchase of property east of City Hall Park soccer fields based on the appraisal with a cost not to exceed $300,000, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Plunk aye
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

Vice-Mayor Hartz moved to suspend the rules to discuss the City of Lakeland’s 2008/2009 Fiscal Year Budget, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Note: No action taken on the 2008/2009 FY Budget.

Vice-Mayor Hartz moved to approve a Resolution adopting the Personnel Pay Plan for Fiscal Year beginning July 01, 2008 and authorizing a designated compensation adjustment for the City Manager and City Attorney, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

Vice-Mayor Hartz moved to approve a Resolution adopting Fiscal Year 2008/2009 Sewer Enterprise Fund Financial Plan, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

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

The meeting adjourned at 8:25 p.m., Tuesday, May 20, 2008.

These minutes were approved Thursday, June 12, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-06-16T07:56:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, MAY 01, 2008, 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 and Verschuur were present. City Attorney, David Lakin was present. Commissioner Plunk was absent.

Mayor Carmichael yielded the floor for any corrections (additions/deletions) to the agenda. There being no corrections, 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 Verschuur. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, April 03, 2008, 6:30 p.m. (pgs. 01-06)
2. Approval of Development Contract between Belz Investco GP and the City of Lakeland for the development of Arcadia Planned Residential Development, Phase 1 Subdivision. (Stuckert) (pgs. 07-36)
3. Approval of Vehicle Lease Agreement with Enterprise. (Wherry) (pgs. 37-49)
4. Approval of request for waiver of certain parts of the Lakeland Sign Ordinance for the City-wide Garage Sale. (Wherry) (pg. 50)
5. Approval of the Fire Station Site. (Wherry)
6. Approval of first reading of an Ordinance adopting a budget for Fiscal Year July 01, 2008 through June 30, 2008. (Wherry) (pgs. 51-67)
7. Approval of bid for planting on median (sketch). (Bridges) (pg. 68)
8. Approval of establishing an encroachment policy on existing sewer and storm drainage pipeline easements. (Stuckert) (pgs. 69-71)

Commissioner Verschuur moved to remove Item 4 from the Consent Agenda, No objections.

Vice-Mayor Hartz moved to approve the Consent Agenda as amended and adopt on first reading of an Ordinance adopting a budget for Fiscal Year July 01, 2008 through June 30, 2009, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates to the following: Ms. Susanne Jerome, Ms. Tracy Hatley, Ms. Gennifer Hawkins and Ms. Maria Garcia.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
4. Approval of request for waiver of certain parts of the Lakeland Sign Ordinance for the City-wide Garage Sale. (Wherry)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution to approve a Temporary Sign Plan for the Lakeland Civic Club City Wide Garage Sale to place signs in specified public rights of way (without balloons and streamers), seconded by Commissioner Verschuur.
Motion failed, roll call vote, 2-2.
Hartz aye
Verschuur aye
Nicholson nay
Carmichael nay

Commissioner Nicholson moved to approved a Resolution entitled: A Resolution to approve a Temporary Sign Plan for the Lakeland Civic Club City-Wide Garage Sale to place signs in specified public rights of way (include balloons and streamers), seconded by Mayor Carmichael.
Motion carried, voice vote, 3-0-1.
Nicholson aye
Hartz aye
Verschuur abstain
Carmichael aye

Mayor Carmichael yielded the floor to Shelby County Sheriff’s Department, Lt. Warren Horton to give the Crime Report for the month of April. No objections.

VI. TREASURER’S REPORT: (pgs. 72-77)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Report on the outcome of MLGW removing trees. (Lakin/Wherry)
o Report on possible purchase of property east of the soccer fields in City Hall Park. (Wherry)

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:
1. Action on leasing of vehicles. (Wherry) (pgs. 78-80)

Commissioner Verschuur moved to postpone action until the next work session (June 02nd), seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

XI. NEW BUSINESS:
1. Action on City Hall Expansion. (Wherry) (pgs. 81-97)
Commissioner Verschuur moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

After discussion, Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution by the Lakeland Board of Commissioners to approve an Agreement with Habiterra Architects for Design and Inspection Services for expansion of City Hall, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-0.
Hartz aye
Verschuur aye
Nicholson aye
Carmichael aye

2. Action on appointments to the Lakeland Natural Resources Board. (Board) (pg. 98)
Mayor Carmichael moved to extend the deadline for application until Friday before the next work session (May 30, 2008), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

3. Action on appointment(s) to the Lakeland Parks & Recreation Board. (Board) (pg. 98)
Commissioner Verschuur moved to postpone action until the next work session (June 02, 2008), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

4. Action on appointment to the Lakeland Design Review Commission. (Board) (pg. 98-101)
Commissioner Verschuur nominated Sal Feraci to the Design Review Commission. With no objections, Sal Feraci was appointed to the Design Review Commission by consensus.

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: 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 7:08 p.m., Thursday, May 01, 2008.

These minutes were approved Thursday, June 12, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-05-16T13:11:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, APRIL 03, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER BY MAYOR: With a quorum present, the meeting was called to order at 6:30 p.m. with invocation and pledge 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 were present. City Attorney David Lakin was present.

***PRESENTATIONS***
“Get Caught Recycling Presentation”
Mayor Carmichael presented the “Get Caught Recycling Certificates.” The recipients for the month of April were: Mohamed Ali, Earl Thompson, Jr., Tony Bridges and Elizabeth Keilty.

“Tree City Award Presentation”
With no objections, Eric Bridges presented Mayor Carmichael with the Tree City 2007 Award for the third year from the National Arbor Day Foundation.

Mayor Carmichael yielded the floor to Lt. Warren Horton to present the Crime Report for the month of March 2008. No objections.

Mayor Carmichael yielded the floor for any corrections (additions/deletions) to the agenda. Vice-Mayor Hartz removed Items 2 and 4 from the Consent Agenda. There being no other corrections, 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 Verschuur. Motion carried, voice vote, all in favor.

New Business

3. Action on proposal for Wi-Fi and Security at City Hall. (Wherry)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners accepting the bid of Critical Edge Tech for installation of wi-fi and surveillance cameras as specified in the attached documents in the amount of $72,170, seconded by Commissioner Nicholson. (*)

With no objections, Mayor Carmichael yielded the floor to Forest May of Critical Edge Tech to address questions inquired by the Board. Josh Roman, EDC Representative addressed the Board as well regarding the wi-fi and surveillance cameras.

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

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, March 06, 2008, 6:30 p.m.
2. Approval of final reading of an Ordinance amending and creating certain section of Title 18, Chapter 1 and Chapter 2 of the Lakeland Municipal Code pertaining to sewer. (Stuckert)
3. Approval of final reading of an Ordinance amending the fee schedule by adopting Parks & Recreation Fees and adopting fees for rental of the I.H. Clubhouse. (Wherry/Lockhart)
4. Approval of first reading of an Ordinance creating Chapter 7 of Title 18 of the Lakeland Municipal Code pertaining to adoption of a Storm water Management Program and for the Assessment of Fees. (Stuckert)
5. Approval of first reading of an Ordinance on an amendment to the Fee Schedule, changing the term of “Building Permit” and providing for fees for Engineering Review of building permit drainage and erosion plans, and where required fees for Architectural Design Review and the Sewer Inspection of the actual connection to the public sewer line. (Wherry/Morrissett)
6. Approval of a Resolution adopting Action Steps of the Strategic Plan etc. (Wherry)
7. Approval of a contract with Tennessee Department of Transportation for the purchase of three hybrid vehicles for the City of Lakeland. (Stuckert)
8. Approval of a Resolution supporting Shelby County’s position on EPA’s proposed re-evaluation of the Shelby County Ozone Non-attainment Area. (Wherry)
9. Approval of changing the date of “National Night Out” to the first Tuesday in October. (Wherry)
10. Approval of Lakeland Phone Directory Format. (Wherry)
11. Approval of forming a committee to purchase property next to City Hall soccer fields. (Wherry)
Vice-Mayor Hartz moved to approve the Consent Agenda as amended and adopt on final reading an Ordinance amending the fee schedule by adopting Parks & Recreation Fees and adopting fees for rental of the I.H. Clubhouse and adopt on first reading an Ordinance on an amendment to the Fee Schedule, changing the term of “Building Permit” and providing for fees for Engineering Review of building permit drainage and erosion plans, and where required fees for Architectural Design Review and the Sewer Inspection of the actual connection to the public sewer line, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

New Business
4. Action on approving a Development Contract between Belz Investco GP and the City of Lakeland for development of a 72 lot subdivision know as Arcadia Planned Residential Development, Phase 1 Subdivision.

Commissioner Verschuur moved to approve a Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with Belz Investco GP for a seventy-two lot subdivision to be known as Arcadia Planned Residential Development, Phase 1, seconded by Vice-Mayor Hartz.

After a substantial amount of discussion, Vice-Mayor Hartz moved to postpone action definitely until the next meeting, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

7. Action on approval of Evergreen Secondary Detailed Development Plan. (Atkinson)
Vice-Mayor Hartz moved to approve the Secondary Detailed Development Plan for Evergreen Subdivision, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
1. Approval of final reading of an Ordinance amending and creating certain section of Title 18, Chapter 1 and Chapter 2 of the Lakeland Municipal Code pertaining to sewer. (Stuckert)
Vice-Mayor Hartz moved to suspend the rules for discussion, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to adopt on final reading an Ordinance amending and creating certain section of Title 18, Chapter 1 and Chapter 2 of the Lakeland Municipal Code pertaining to sewer, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

4. Approval of final reading of an Ordinance amending the fee schedule by adopting Parks & Recreation Fees and adopting fees for rental of the I.H. Clubhouse. (Wherry/Lockhart)
Commissioner Verschuur moved to adopt on first reading an Ordinance amending the fee schedule by adopting Parks & Recreation Fees and adopting fees for rental of the I.H. Clubhouse, seconded by Commissioner Nicholson.

Vice-Mayor Hartz moved to amend the Ordinance by striking “and publication”, seconded by Commissioner Verschuur. No objections.

Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

VI. TREASURER’S REPORT:
Commissioner Verschuur moved to suspend the rules for discussion, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

After substantial amount of discussion, Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Report on Stonebridge Golf Course request for qualification submittals. (Wherry)
o Report on Depreciation. (Lakin)
IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on rescheduling the April 21st Work Session to April 28th or another appropriate date) and confirming the May Regular Meeting as Thursday, May 01st. (Wherry)
Vice-Mayor Hartz moved to approve the Resolution entitled: A Resolution by the Lakeland Board of Commissioners establishing the schedule for the April Work Session and May Regular Meeting, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

2. Action on a Resolution for advertisement of Natural Resources Board appointments, setting of standards for appointment to Board (background, etc) (Wherry)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners authorizing the recruitment of applications for consideration for appointment to the Natural Resources Board and the Parks & Recreation Board, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

3. Action on proposal for Wi-Fi and Security at City Hall. (Wherry) ~Taken out of order~

4. Action on approving a Development Contract between Belz Investco GP and the City of Lakeland for development of a 72 lot subdivision known as Arcadia Planned Residential Development, Phase 1 Subdivision. (Stuckert) ~Taken out of order~

5. Action on approving a change order with Ferrell construction for improvements to Canada Road from U.S. Highway 64 to Interstate 40. (Stuckert)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution authorizing a Change Order with Ferrell Paving for additional improvements on Canada Road, seconded by Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

6. Action on approving an Automated External Defibrillator (AED) for Lakeland Elementary School. (Wherry)
Commissioner Plunk moved to approve a Resolution entitled: A Resolution authorizing the purchase of an Automated External Defibrillator (AED) to be placed in the Lakeland Elementary School seconded by Vice-Mayor Hartz. Motion carried voice vote, all in favor.

7. Action on approval of Evergreen Secondary Detailed Development Plan. (Atkinson) ~Taken out of order~

8. Action on first reading of an Ordinance amending Ordinance 07-105 pertaining to sewer user rates, sewer development fees and connection fees. (Stuckert)
Vice-Mayor Hartz moved to adopt on first reading of an Ordinance amending Ordinance 07-105 pertaining to sewer user rates, sewer development fees and connection fees, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 7:30 p.m., Thursday, April 03, 2008.

These minutes will be approved Thursday, May 01, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-04-04T13:15:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, MARCH 06, 2008, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

I. CALL TO ORDER: With a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Plunk and Verschuur were present. Commissioner Nicholson and City Attorney, David Lakin were absent.

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

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Special Meeting Minutes, February 07, 2008, 5:30 p.m. (pgs. 01-02)
b. Regular Meeting Minutes, February 07, 2008, 6:30 p.m. (pgs. 03-07)
2. Approval of final reading of an Ordinance amending the Lakeland Municipal Code, Title 13, Section 13-419 “Municipal Tree Management”; and providing an effective date. (Bridges) (pgs. 08-09) (Ordinance 08-114)
3. Approval of first reading of an Ordinance amending and creating certain sections of Title 18, Chapter1 and Chapter 2 of the Lakeland Municipal Code pertaining to sewer. (Stuckert) (pgs. 10-14)
4. Approval of a Resolution to approve the execution and delivery of one or more loan agreements for the purpose of providing funds for financing certain public works projects for the City of Lakeland, Tennessee. (Wherry) (pgs. 15-16) (Resolution 2008/03-17)
5. Approval of first reading of an Ordinance amending the Fee Schedule by adopting Parks & Recreation Fees and adopting fees for rental of the I.H. Clubhouse. (Lockhart) (pg. 17)
6. Approval of signs for Parks & Recreation sign-ups, etc. (Lockhart/Atkinson) (pgs. 18-21) (Resolution 2008/03-18)
7. Approval of regulations for International Harvester Club. (Lockhart/Wherry) (pgs. 22-26) (Resolution 2008/03-19)
8. Approval of Kensington Manor Preliminary Development Plan. (Higbee) (pgs. 27-38) (Resolution 2008/03-20)
9. Approval of procedure for Lakeland Phone Directory, including an agreement with the Lakeland Civic Club to assist in the project. (Wherry) (pgs. 39-40) (Resolution 2008/03-21)
Vice-Mayor Hartz moved to approve the Consent Agenda and

adopt on first reading an Ordinance amending and creating certain Sections of Title 18, Chapter 1 and Chapter 2 of the Lakeland Municipal Code pertaining to sewer, adopt on first reading an Ordinance amending the Fee Schedule to establish fees for specified activities in Parks & Recreation and for the I.H. Club Rental, and adopt on final reading an Ordinance amending the Lakeland Municipal Code Title 13, Section 13-419 “Municipal Tree Management”; providing an effective date, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-0.
Hartz aye
Verschuur aye
Plunk aye
Carmichael aye

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

VI. TREASURER’S REPORT: (pgs. 41-47)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 3-1(Plunk – nay)

VII. PUBLIC DISCUSSION:

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

IX. SEWERAGE COMMISSION BUSINESS
1. Action to approve funding through Change Order 11 for Scott’s Creek Wastewater Treatment Plant. (Stuckert) (pgs. 48-55) (Resolution 2008/03-22)
Commissioner Verschuur moved to approve Resolution authorizing funding through Change Order 11 for Scott’s Creek Wastewater Treatment Plant, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 3-1.
Verschuur aye
Hartz aye
Plunk nay
Carmichael aye

X. OLD BUSINESS:
1. Discussion and/or possible action on Request for Qualifications for management of Golf Course. (Wherry) (pgs. 56-69)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz.

After extensive discussion, Commissioner Plunk moved to approve a Resolution of the Lakeland Board of Commissioners approving the distribution of the attached Request for Qualifications for Management of the Golf Course to eligible individuals and companies, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor. (Resolution 2008/03-23)

XI. NEW BUSINESS:
1. Action on authorizing the execution of Agreement Number 070193 with the Tennessee Department of Transportation for funding for New Canada Road from Interstate 40 to Highway 70. (Stuckert/Wherry) (pgs. 70-90)
Vice-Mayor Hartz moved to approve a resolution authorizing the Mayor to execute an agreement with the Tennessee Department of Transportation for a Local Agency Project Agreement for the realignment and widening of New Canada Road. Motion carried, voice vote, all in favor. (Resolution 2008/03-24)

XII. ANNOUNCEMENTS:
o 2008 ARBOR DAY CELEBRATION – Saturday, March 08, 2008 at 10:00 a.m. (City Hall Park)
o 2008 EGG HUNT/SPRING FESTIVAL – Saturday, March 15, 2008 from 10:00 a.m. – 1:00 p.m. (City Hall Park)

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

The meeting adjourned at 7:00 p.m., Thursday, March 06, 2008.

These minutes were approved Thursday, April 03, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-03-26T13:42:00.000-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, FEBRUARY 07, 2008, 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 6:45 p.m. Invocation was given by Bro. Louis Brenton of Centerpoint Church. Pledge was given by Lt. Warren Horton of the Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson, Plunk and Verschuur were present. City Attorney David Lakin was absent.

With no objections, Mayor Carmichael presented a Proclamation to Dustin Brown achieving the Eagle Scout rank.

Mayor Carmichael presented the “Get Caught Recycling” Certificates to the following residents: Mr. Ronald Cuthbertson, Mr. Werner Stohn, Ms. Marianne Morgan and Ms. Angela Anderson.

Mayor Carmichael acknowledged Ms. Alison Ely for being declared as “Citizen of the Year” by the Lakeland Ladies Club.

III. PUBLIC HEARING:

New Business/Agenda Item #2 was removed from the agenda at the request of Staff. No objections.

There being no other changes (additions/deletions) to the agenda, Mayor Carmichael moved to accept the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, January 10, 2008, 6:30 p.m. (pgs. 01-05)
2. Approval of first reading of an Ordinance amending the Lakeland Municipal Code, Title 13, Section 13-419 “Municipal Tree Management”; and providing an effective date. (Bridges) (pg. 06)
3. Approval on Appointment Procedures for Boards & Commissions. (Wherry) (pgs. 07-09)
4. Approval of rescheduling the scheduled Work Session on Monday, April 21, 2008 and the Regular Meeting on Thursday, May 01, 2008. (Wherry) (pgs. 10-11)
5. Approval of a Resolution authorizing a Professional Service Agreement with ETC Institute, Olathe, Kansas, to conduct a community-wide storm water survey. (Stuckert) (pgs. 12-24)
6. Approval of an amendment to the Special Area Transportation Study Agreement between Kimley-Horn and Associates and the City of Lakeland. (Stuckert) (pgs. 25-28)

Vice-Mayor Hartz moved to approve the Consent Agenda and adopt on first reading an Ordinance amending the Lakeland Municipal Code, Title 13, Section 13-419 “Municipal Tree Management”; and providing an effective date, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

OLD BUSINESS:
2. Action on purchasing Stonebridge Golf Course. (Wherry) (pgs. 35-37)
Vice-Mayor Hartz moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Michael Stansbury, Stonebridge resident to address the Board regarding Stonebridge Golf Course.

Mayor Carmichael yielded the floor to Nicole Wheetley, 3296 Glenhill Lane addressed the Board regarding Stonebridge Golf Course.

After extensive discussion, Commissioner Verschuur moved that the City Manager proceed with the next phase of requesting proposals for the Stonebridge Golf Course Project and make updated reports on the status to the Board of Commissioners on a regular basis, seconded by Commissioner Plunk.
Motion carried, roll call vote, 4-1.
Hartz aye
Nicholson nay
Plunk aye
Verschuur aye
Carmichael aye

The Mayor called for a five minute recess, no objections.

The meeting recessed at 7:38 p.m., Thursday, February 07, 2008.

The meeting reconvened at 7:45 p.m., Thursday, February 07, 2008.

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

VI. TREASURER’S REPORT: (pgs. 29-30)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, 4-1 (Plunk – abstained)

VII. PUBLIC DISCUSSION:

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

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:
1. Action on final reading of an Ordinance of the City of Lakeland amending the Ethics Ordinance to include a provision prohibiting members of the MPC, PRB/NRB, DRC, EDC and BOA doing business with the City of Lakeland. (Lakin) (pgs. 31-34)
Commissioner Verschuur moved for final reading of an Ordinance of the City of Lakeland amending the Standards for Ethics by prohibiting members of appointed Boards and Commissions from doing business with the City of Lakeland, seconded by Commissioner Plunk.

Point of Order: Commissioner Nicholson raised a Point of Order to state clarity needs to be given to the motion. Chair sustained.

Vice-Mayor Hartz moved to amend Section 5, paragraph 2 of the Ordinance to state the requirements of this paragraph shall not apply to any contracts that have been entered into prior to the effective date of this Ordinance, seconded by Commissioner Verschuur.
Amendment carried, roll call vote, 4-1
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael nay

Motion to adopt on final reading of an Ordinance of the City of Lakeland amending the Standards for Ethics by prohibiting members of appointed Boards and Commissions from doing business with the City of Lakeland, as amended.
Motion failed, roll call vote, 1-4.
Verschuur nay
Plunk aye
Hartz nay
Nicholson nay
Carmichael nay

2. Action on purchasing Stonebridge Golf Course. (Wherry) (pgs. 35-37) ~Taken Out of Order~

3. Action on first reading of an Ordinance amending and creating certain sections of Title 18, Chapter 1 and Chapter 2 of the Lakeland Municipal Code pertaining to sewer. (Stuckert) (pgs. 38-43)
Commissioner Verschuur moved to suspend the rules for discussion purposes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

After a substantial discussion, Commissioner Verschuur moved to postpone action definitely until the next work session (02.25.08), seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

XI. NEW BUSINESS:
1. Action on approving the FY2006/2007 Audit. (Wherry) (pgs. 44-45)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution accepting the audit for Fiscal Year ending June 30, 2007, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

2. Action on Resolution concerning Village At Water’s Edge Development Contract. (Lakin) ~This item was removed from the agenda~

3. Action on approving a Resolution entering into a Loan Agreement with TML Bond Fund. (Wherry) (pgs. 46-51)
Vice-Mayor Hartz moved to approve a Resolution entitled: Initial Resolution authorizing the incurrence of indebtedness by the City of Lakeland, Tennessee of not to exceed $7,500,000.00 by the execution with a public building authority of a Loan Agreement or other instrument evidencing such indebtedness to provide funding for certain public works projects, and to fund the incidental and necessary expenses related thereto, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

XII. ANNOUNCEMENTS:
o Arbor Day – March 08, 2008 • Lakeland City Hall

XIII. ADJOURNMENT: There being no other business to discuss, Commissioner Nicholson moved to adjourn the meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

The meeting adjourned at 8:15 p.m., Thursday, February 07, 2008.

These minutes were approved Thursday, March 06, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-03-26T13:41:00.002-07:00

SPECIAL CALLED MEETING FOR
THURSDAY, FEBRUARY 07, 2008, 5:15 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

The City Manager requested the City Recorder to call a Special Called 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:

• Presentation and/or discussion with Shelby County Commissioners

• Discussion and/or possible action on presentation of Stonebridge Golf Course.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 5:15 p.m., Thursday, February 07, 2008.

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 meeting was called to order at 5:30 p.m.

Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson, Plunk and Verschuur were present. Others in attendance were Commissioner Wyatt Bunker and State Representative Ron Lollar.

Commissioner Verschuur suspended the rules for presentation by City Staff, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Commissioner Deidre Malone, Shelby County Commissioner.

Commissioner Deidre Malone left the meeting at 6:00 p.m.

The meeting recessed at 6:00 p.m.; reconvened at 6:05 p.m.

Vice-Mayor Hartz moved to suspend the rules to discuss the Stonebridge Golf Course, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

Mayor Carmichael yielded the floor to City Manager, Robert Wherry to make a presentation regarding Stonebridge Golf Course.

There being no other business to discuss. Vice-Mayor Hartz moved to adjourn the meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

The meeting adjourned at 6:40 p.m., Thursday, February 07, 2008.

These minutes were approved Thursday, March 06, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-03-26T13:41:00.001-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JANUARY 10, 2008, 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 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 were present. City Attorney David Lakin was present.

Mayor Carmichael yielded the floor to the City Recorder to administer the Oath of Office to the individuals appointed to the Various Boards & Commissions. No objection.

There being no changes to the agenda, Mayor Carmichael moved to accept the agenda as submitted and allow the Chair to take items out of order as deemed necessary. No objections.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, December 06, 2007, 6:30 p.m. (pgs.01-09)
2. Approval of final reading of an Ordinance amending Article VII, Flood Plain Overlay Zone of the Zoning Ordinance. (Stuckert) (pgs. 10-34)
3. Approval of final reading of an Ordinance to amend Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding enclosed patios. (Atkinson) (pgs. 35-38)
4. Approval of acceptance and use of Community Enhancement Grant in the amount of $20,000. (Wherry) (pgs. 39-40)
5. Approval of the release of Letter of Credit for Oakwood Phase II. (Bridges) (pgs. 41-45)
6. Approval of Resolution by the Lakeland Board of Commissioners urging the Shelby County Schools to consider the Municipal/Community Origin of students when assigning students to County Schools. (Hartz) (pgs. 46-47)
7. Approval of Resolution setting the date for the 2008 BOC Retreat. (Wherry) (pgs. 48-49)
8. Approval of Resolution concerning the Shelby County Charter Amendments. (Wherry) (pgs. 50-51)
9. Approval of Resolution concerning the recommendation of the Shelby County Law enforcement to the Shelby County Commission. (Wherry) (pgs. 52-53)
Vice-Mayor Hartz moved to approve the Consent Agenda and adopt on final reading an Ordinance amending Article VII, Flood Plain Overlay Zone of the Zoning Ordinance and adopt on final reading an Ordinance to amend Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding enclosed patios.
Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 54-55)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 4-1 (Plunk)

VII. PUBLIC DISCUSSION:
Hank Hess, Green Spruce spoke in opposition of New Business, Agenda Item 2: An Ordinance amending the Ethics Ordinance prohibiting members of the MPC, PRB/NRB, DRC, EDC and BOA doing business with the City of Lakeland.

Gary Siebenschah – Aldis Cove spoke in opposition of New Business Agenda Item 2: An Ordinance amending the Ethics Ordinance prohibiting members of the MPC, PRB/NRB, DRC, EDC and BOA doing business with the City of Lakeland.

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

IX. SEWERAGE COMMISSION BUSINESS:
1. Action to recommend to the BOC amendments to Title 18, Chapter 2 regarding sewer service. (Stuckert) (pgs. 56-62)
Vice-Mayor Hartz moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

Commissioner Verschuur moved to postpone action definitely until the next work session (01.28.08), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton to give the Crime Report for the month of December.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on continuing minimum standards for Open Meetings Act. (Carmichael) (pg. 63)
Mayor Carmichael moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners expressing a commitment to uphold the spirit and intent of the Tennessee Open Meetings Act as it currently exists and to continue to strive to conduct business in ways that maximizes public participation, involvement and oversight, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.

Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on adopting on first reading an Ordinance of the City of Lakeland amending the Ethics Ordinance to include a provision prohibiting members of the MPC, PRB/NRB, DRC, EDC and BOA doing business with the City of Lakeland. (Wherry) (pgs. 64-68)
Commissioner Plunk moved to adopt on first reading an Ordinance of the City of Lakeland amending the Standards for Ethics by prohibiting members of appointed Boards and Commissions from doing business with the City of Lakeland, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 3-2.
Plunk aye
Verschuur aye
Hartz nay
Nicholson aye
Carmichael nay

3. Action on first reading of an Ordinance amending and creating certain sections of Title 18, Chapter 2 of the Lakeland Municipal Code pertaining to sewer. (Stuckert) (pgs. 69-71)
Mayor Carmichael moved to postpone action definitely until the next work session (01.28.08), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

4. Action on the purchase of property east of City Hall. (Wherry) (pg. 72)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve the Real Estate Sales Contract Agreement submitted between the City of Lakeland and the sellers, Mr. William R. Ellis, Jr. for 6.5 acres, Parcel I.D. Number L015000042, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Plunk aye
Nicholson aye
Verschuur aye
Carmichael aye

5. Action on revision or termination and new contract with JWS & Associates for Engineering/Inspection services. (Wherry) (pg. 73)
Vice-Mayor Hartz moved to approved a Resolution entitled: A Resolution of the Lakeland Board of Commissioners amending the engineering

services contract between the City of Lakeland and JWS & Associates for engineering services, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

6. Action on a Resolution financing the City share of the I-40 at Canada Road Interchange Project. (Wherry) (pgs. 74-85)
Mayor Carmichael moved to suspend the rules, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve a Resolution authorizing the City Manager to complete the Tennessee Municipal Bond Fund Resolution Request for New Loan for $3,000,000 for the City share of the I-40/Canada Road Interchange Project, an estimate for possible acquisition of the Stonebridge Golf course and immediate capital repairs and an estimate to purchase the property east of City Hall and an estimate cost to purchase a site for Fire Station #2, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye

7. Action on Memorandum of Understanding for the development of I-40 at Canada Road Interchange in the City of Lakeland. (Wherry) (pgs. 86-87)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution of the Board of Commissioners of the City of Lakeland approving a Memorandum of Understanding with the Tennessee Department of Transportation to authorize Lakeland Mayor to execute the Memorandum of Understanding for Agreement #070199, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 4-1.
Hartz aye
Verschuur aye
Nicholson aye
Plunk nay
Carmichael aye

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: 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 8:05 p.m., Thursday, January 10, 2008.

These minutes were approved Thursday, February 07, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-01-15T12:51:00.000-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, DECEMBER 06, 2007, 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 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 were present. City Attorney David Lakin was present.

Mayor Carmichael yielded the floor for any changes (additions/deletions) to the agenda. No objections.

Vice-Mayor Hartz moved to amend the agenda to add New Business/Agenda Item 8: Action on rescheduling the Board of Commissioners Work Session scheduled for Tuesday, December 18, 2007 to Thursday, January 03, 2008 and rescheduling the BOC Regular Meeting from Thursday, January 03, 2008 to Thursday, January 10, 2008. No objections.

There being no other changes, Mayor Carmichael moved to accept the agenda as amended and allow the Chair to items out of order as deemed necessary, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates. The recipients for the month of December were: Jack Sams, Adam Hughes and Jose Bibiloni.

Mayor Carmichael yielded the floor to Lt. Warren Horton to present the Crime Report for the month of November. No objections.

NEW BUSINESS

1. Action on End of Warranty for Sterling Place/Phases II & III. (Stuckert) (pgs. 93-102)
Vice-Mayor Hartz moved to approve a Resolution authorizing the release of two Letters of Credit for Sterling Place/Phase 2 & 3, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on a request to place a construction sign on the property owned by Harding Academy located north of Highway 70 near Seed Tick Road. (Atkinson) (pgs. 103-106)
Commissioner Verschuur moved to deny the request to place a construction sign on the property owned by Harding Academy located north of Highway 70 near Seed Tick Road, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 4-1.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael nay

3. Action on Agreement with HESS Environmental Services for professional services related to the Environmental Protection Agency’s (EPA) Storm Water Phase II Regulations. (Stuckert) (pgs. 107-121)
Vice-Mayor Hartz moved to approve a Resolution authorizing a contract with Hess Environmental Service, Inc to perform consulting services related to Storm Water Phase II Regulations, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 3-1-1.
Hartz aye
Nicholson aye
Plunk nay
Verschuur abstain
Carmichael aye

6. Action on appointments to various Boards & Commissions: (pg. 129)
a. Design Review Commission
Commissioner Verschuur nominated Heidi Verbeek, Commissioner Nicholson nominated Lewis Cornett, Vice-Mayor Hartz nominated Cecil Tompkins, Mayor Carmichael nominated Jason Brownlee, Commissioner Verschuur nominated Sal Feraci, Commissioner Plunk nominated Terri Smith-Anderson, and Vice-Mayor Hartz nominated Nicole Wheetley. With no other nominations, Mayor Carmichael closed nominations. No objections.

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

Nomination for Lewis Cornett
Nomination failed, roll call vote, 2-2-1.
Nicholson aye
Hartz abstain
Plunk nay
Verschuur nay
Carmichael aye

Nomination for Cecil Tompkins
Nomination carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

Nomination for Jason Brownlee
Nomination failed, roll call vote, 1-4.
Hartz nay
Nicholson nay
Plunk nay
Verschuur nay
Carmichael aye

Nomination for Sal Feraci
Nomination failed, roll call vote, 2-2-1.
Verschuur aye
Hartz abstain
Nicholson nay
Plunk nay
Carmichael aye

Nomination for Terri Smith-Anderson
Nomination carried, roll call vote, 5-0.
Plunk aye
Hartz aye
Nicholson aye
Verschuur aye
Carmichael aye

b. Parks & Recreation/Natural Resources Board
Commissioner Nicholson nominated Anthony Neri, Commissioner Plunk nominated Nicole Wheetley, Commissioner Verschuur nominated Shirlee Clark, Mayor Carmichael nominated Alison Ely, and Commissioner Verschuur nominated Boyd Ruppelt. No other nominations, Mayor Carmichael closed nominations. No objections.

Nomination for Anthony Neri
Nomination carried, roll call vote, 4-0-1.
Nicholson aye
Hartz aye
Plunk aye
Verschuur abstain
Carmichael aye

Nomination for Nicole Wheetley
Nomination carried, roll call vote, 4-1.
Plunk aye
Hartz aye
Nicholson aye
Verschuur nay
Carmichael aye

d. Board of Appeals
Commissioner Plunk nominated Ken Collins, Commissioner Verschuur nominated Boyd Ruppelt, Commissioner Nicholson nominated Tom Mitchell, and Mayor Carmichael nominated Tanya Wallace. No additional nominations, Mayor Carmichael closed nominations. No objections.

Nomination for Ken Collins
Nomination carried, roll call vote, 4-1.
Plunk aye
Hartz aye
Nicholson aye
Verschuur nay
Carmichael aye

Nomination for Boyd Ruppelt
Nomination failed, roll call vote, 2-1-2
Verschuur aye
Hartz aye
Nicholson abstain
Plunk abstain
Carmichael nay

Nomination for Tom Mitchell
Nomination passed, roll call vote, 5-0.
Nicholson aye
Hartz aye
Plunk aye
Verschuur aye
Carmichael aye

c. Economic Development Commission
Commissioner Nicholson nominated Boyd Ruppelt, Commissioner Verschuur nominated Shirlee Clark, Commissioner Plunk nominated Kumar Patel, and Vice-Mayor Hartz nominated Jeff Konieczny. There being no other nominations, Mayor Carmichael closed nominations. No objections.

Nomination for Boyd Ruppelt
Nomination carried, roll call vote, 5-0.
Nicholson aye
Hartz aye
Plunk aye
Verschuur aye
Carmichael aye

Nomination for Shirlee Clark
Nomination carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, November 01, 2007, 6:30 p.m. (pgs. 01-07)
2. Approval of 2008 Grass Mowing Contract. (Stuckert) (pgs. 08-21)
3. Approval to release Letter of Credit for the Preserve. (Bridges) (pgs. 22-23)
4. Approval of Enhancement Grant on Canada Road between I-40 and U.S. Highway 64 for a pedestrian/bicycle pathway. (Stuckert) (pgs. 24-27)
5. Approval of first reading of an Ordinance amending Article VII, Flood Plain Overlay Zone of the Zoning Ordinance. (Stuckert) (pgs. 28-59)
6. Approval of first reading of an Ordinance to amend Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding enclosed patios. (Atkinson) (pgs. 60-63)
Commissioner Hartz moved to approve the Consent Agenda and adopt on first reading an Ordinance amending Article VII, Flood Plain Overlay Zone of the Zoning Ordinance and adopt on first reading an Ordinance to amend Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding enclosed patios, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 64-65) Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, 4-1(Plunk voting nay)

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Status of purchase of Stonebridge Golf Course. (Wherry) (pg. 66)
¨ Status of purchase of property next to City Hall. (Wherry) (pg. 67)
¨ Report on Shelby County Law Enforcement Task Force and Shelby County Charter Committee. (Wherry) (pgs. 68-70)
¨ Report on solid waste collection with All Star regarding yard waste (leaf bags). (Wherry) (pg. 71)

IX. SEWERAGE COMMISSION BUSINESS:
1. Action to recommend to the BOC the acceptance of the low bid of Transway System, Inc. for a 3600 gallon vacuum tank truck. (Stuckert) (pgs. 72-90)
Vice-Mayor Hartz moved that the BOSC recommend to the BOC the acceptance of the low bid of Transway System, Inc. for a 3600 gallon vacuum tank truck, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

2. Action to recommend to the BOC amendments to Title 18, Chapter 2 regarding sewer service. (Stuckert) (pgs. 91-92)
Vice-Mayor Hartz moved to postpone action definitely on the amendments to Title 18, Chapter 2 regarding sewer service, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on End of Warranty for Sterling Place/Phases II & III. (Stuckert) (pgs. 93-102) ~Taken Out Of Order~
2. Action on a request to place a construction sign on the property owned by Harding Academy located north of Highway 70 near Seed Tick Road. (Atkinson) (pgs. 103-106) ~Taken Out Of Order~
3. Action on Agreement with HESS Environmental Services for professional services related to the Environmental Protection Agency’s (EPA) Storm Water Phase II Regulations. (Stuckert) (pgs. 107-121) ~Taken Out Of Order~
4. Action on recommendation from BOSC accepting bid for 3600 gallon vacuum truck. (Stuckert) (pgs. 122-123)
Vice-Mayor Hartz moved to approve Resolution authorizing the purchase of a 3600 gallon sewer vacuum truck, seconded by Commissioner Verschuur.

Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

5. Action on first reading of an Ordinance amending and creating certain sections of Title 18, Chapter 2 of the Lakeland Municipal Code pertaining to sewer. (Stuckert) (pgs. 124-128)
Mayor Carmichael moved to postpone indefinitely action on adopting on first reading of an Ordinance amending and creating certain sections of Title 18, Chapter 2 of the Lakeland Municipal Code pertaining to sewer.
Motion carried, voice vote, all in favor.

6. Action on appointments to various Boards & Commissions: (pg. 129) ~Taken Out Of Order~
a. Design Review Commission
b. Parks & Recreation/Natural Resources Board
c. Economic Development Commission
d. Board of Appeals

7. Action on Board of Commissioners liaisons to the various Boards & Commissions: (pg. 130)
a. Design Review Commission
Commissioner Verschuur was appointed as liaison to the Design Review Commission. No objections.

b. Parks & Recreation/Natural Resources Board
Commissioner Nicholson was appointed as liaison to the Parks & Recreation Board/Natural Resources Board. No objections.

e. Municipal Planning Commission
Commissioner Verschuur nominated Vice-Mayor Hartz to serve as the MPC liaison. Commissioner Plunk was nominated to serve as liaison to the MPC.
Nomination for Vice-Mayor Hartz
Nomination carried, roll call vote, 4-0-1.
Verschuur aye
Hartz aye
Nicholson aye
Plunk abstain
Carmichael aye

c. Economic Development Commission
Commissioner Plunk nominated Commissioner Nicholson to serve as liaison to the Economic Development Commission (Commissioner Nicholson declined nomination).

Vice-Mayor Hartz was appointed to serve as liaison to the Economic Development Commission. No objections.

d. Board of Appeals
Commissioner Plunk was appointed as the liaison of the Board of Appeals. No objections

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 7:43 p.m., Thursday, December 06, 2007.

These minutes were approved Thursday, January 10, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2007-12-10T12:57:00.000-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, NOVEMBER 01, 2007, 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.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Hartz, Commissioners Nicholson, Plunk and Verschuur were present. City Attorney David Lakin was present.

Mayor Carmichael yielded the floor for any changes (additions/deletions) to the agenda. No objections.

There being no changes, Mayor Carmichael moved to accept the agenda as presented and allow the Chair to take items out of order as deemed necessary. No objections.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Certificates. The recipients for the month of November were: Deborah Mueller, Joseph Burch, Pat Barrett, Russell Houston

Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to present the Crime Report for the month October. No objections.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, October 04, 2007, 6:30 p.m. (pgs. 01-07)
2. Approval of final reading of an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a privilege tax for selling beer, establishing prohibited conduct by permit holders and others engaged in selling beer, and establishing penalties for engaging in prohibited conduct. (Lakin) (pgs. 08-12)
3. Approval of final reading of an Ordinance to amend certain provisions of Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding decks and patios, providing an effective date. (Atkinson) (pgs. 13-17)
4. Approval of Development Contract for Lake Forest Planned Mixed Use Development. (Lakin) (pgs. 18-43)

5. Approval of a Contract for the 2007 Miscellaneous Street Repair. (Stuckert) (pgs. 44-52)
6. Approval of the release of Letter of Credit for Oakwood Subdivision, Phase IV. (Smith) (pg. 53)
7. Approval of recommendation from the Natural Resources Board to adopt an Environmental Awards Program as presented by the environmental Awards Committee. (Bridges) (pgs. 54-61)
8. Approval of BOC Meeting Schedule for 2008. (Wherry) (pgs. 62-74)
Vice-Mayor Hartz moved to approve the Consent Agenda and adopt on final reading an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a Privilege Tax for selling beer, establishing prohibited conduct by permit holders and others engaged in selling beer, and establishing penalties for engaging in prohibited conduct and to adopt on final reading an Ordinance to amend certain provisions of Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding decks and patios; providing an effective date, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

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

Public Discussion
Mr. Boyd Ruppelt, Mrs. Terri Smith-Anderson and Mr. Kenneth Potts appeared before the Board to express their interest in serving on Lakeland’s Boards & Commissions.

VI. TREASURER’S REPORT: (pgs. 75-82) Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 4-1(nay - Plunk).

VII. PUBLIC DISCUSSION:
¨ Opportunity for applicants applying for Boards and Commissions (Board of Appeals, Design Review Commission, Parks & Recreation/Natural Resources Board, Economic Development Commission) to appear before the Board of Commissioners and present their qualifications/interests in being appointed. (pgs. 83-97)

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

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on Change Order 10 for the Scotts Creek Wastewater Treatment Plant. (Smith) (pgs. 98-99)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution to approve funding through Change Order 10 for Scott’s Creek Wastewater Treatment Plant, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on entering into a contract with WaterPro to operate the Wastewater Treatment Plant. (Smith) (pgs. 100-105)
Vice-Mayor Hartz moved to approve a Resolution entitled: A Resolution approving contract with WaterPro to operate Wastewater Treatment Plant, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

3. Action on entering into a contract for the cleaning and inspection of sewer lines within Lakeland Estates. (Smith) (pgs. 106-119)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution approving contract with Mid-South Septic Services, LLC for the cleaning & inspecting of Collection System in Lakeland Estates Subdivision, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

4. Action on rejection of bids for the purchase of a Sewer Vac Truck. (Stuckert) (pgs. 120-121)
Commissioner Verschuur moved to recommend to the Board of Commissioners to reject bids for the Sewer Vac Truck, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on the release of Letter of Credit for Oakwood Subdivision, Phase II. (Smith) (pgs. 122-125)
Vice-Mayor Hartz moved to deny the request to release the Letter of Credit for Public Improvements for Oakwood Subdivision – Phase 2, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

2. Action on Lakeland Holiday Parade City Donation. (Wherry) (pgs. 126-127)
Vice-Mayor Hartz moved to approve a Resolution approving up to $3000 for reimbursement for approved expenses for the Lakeland Holiday Parade on Saturday, December 15, 2007, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

a. Action on approval of Sign Plan for 2007 Holiday Parade.
Vice-Mayor Hartz moved to approve a resolution entitled: A Resolution of the Lakeland Board of Commissioners approving a Sign Plan for the Lakeland Holiday Parade, seconded by Commissioner Plunk.(*)

Commissioner Plunk moved to amend the Resolution to approve the sixteen signs as submitted, seconded by Mayor Carmichael.

Amendment failed, roll call vote, 2-3.
Plunk aye
Hartz nay
Nicholson nay
Verschuur nay
Carmichael aye

(*)Motion carried, roll call vote, 3-2.
Hartz aye
Plunk nay
Nicholson aye
Verschuur aye
Carmichael nay

3. Action on ratifying the recommendation of the Board of Sewerage Commission to reject bids for the purchase of a Sewer Vac. Truck. (Stuckert) (pgs. 128-130)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution rejecting all bids for a Sewer Vacuum Truck, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

4. Action on possible purchase of a parcel of property immediately adjacent to the City Hall on the east, including appointment of a committee to review the appraisal and make a recommendation to the Board of Commissioners. (Wherry) (pgs. 131-132)
Commissioner Verschuur moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners authorizing a committee designated by the Board of Commissioners to investigate, review the possible purchase of the property immediately east of City Hall and prepare a recommendation to the Board of Commissioners, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

Commissioner Verschuur nominated Vice-Mayor Hartz to serve as liaison of the Board of Commissioners to this Committee. With no objections, Vice-Mayor Hartz was appointed by consensus.

5. Action on possible investigation of the purchase of the Stonebridge Golf Course property, including appointment of a committee to investigate and make a recommendation to the Board of Commissioners. (Wherry) (pgs. 133-134)
Commissioner Plunk moved to approve a Resolution entitled: A Resolution of the Lakeland Board of Commissioners authorizing a Committee designated by the Board of Commissioners to investigate possible purchase of Stonebridge Golf Course and prepare a recommendation to the Board of Commissioners, seconded by Commissioner Verschuur.
Motion carried, roll call vote 5-0.
Plunk aye
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

Commissioner Nicholson nominated Commissioner Plunk to serve as liaison of the Board of Commissioners to this Committee. With no objections, Commissioner Plunk was appointed by consensus.

6. Action on appointing a BOC liaison to the Code Re-write Committee. (Board)
Vice-Mayor Hartz nominated Commissioner Verschuur to serve as liaison of the Board of Commissioners to the Code Re-Write Committee. With no objections, Commissioner Verschuur was appointed by consensus.

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 7:20 p.m., Thursday, November 01, 2007.

These minutes were approved Thursday, December 06, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2007-11-06T14:36:00.001-08:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, OCTOBER 04, 2007, 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 6:40 p.m.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Commissioners Hartz, Nicholson, Plunk and Verschuur were present. City Attorney, David Lakin was absent.

**ELECTION OF VICE-MAYOR**
Mayor Carmichael opened the floor for nominations of Vice-Mayor.

Commissioner Verschuur nominated Commissioner Mark Hartz for Vice-Mayor.

Commissioner Hartz nominated Commissioner Gerrit Verschuur for Vice-Mayor.

With no other nominations, Mayor Carmichael closed nominations.

Nomination for Mark Hartz as Vice-Mayor.
Nomination carried, roll call vote, 4-0-1.
Hartz aye
Nicholson aye
Plunk abstain
Verschuur aye
Carmichael aye

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

With no additions/deletions to the agenda, 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 Verschuur. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling Certificates”. Those receiving certificates were: Mark Mangone, Penny Shackelford, Edwin Keahey and David Barczak.

Vice-Mayor Hartz requested to remove items 2 & 3 from the Consent Agenda.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Special Meeting Minutes, August 27, 2007, 6:00 p.m. (pgs. 01-03)

b. Regular Meeting Minutes, September 06, 2007, 6:00 p.m. (pgs. 04-09)
2. Approval of Development Contract for Corner Shops of Canada Road. (Lakin) (please see insert)
3. Approval of Development Contract for Lake Forest Planned Mixed Use Development. (Lakin) (will be provided)
4. Approval of amendments to the Personnel Policy concerning Smoking Policy, Internet Usage and Military Leave. (Wherry) (pgs. 10-16)
Vice-Mayor Hartz moved to approve the Consent Agenda (Items 1 & 4), as amended. Motion carried, voice vote, all in favor.

OLD BUSINESS:
1. Action on MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 20-29)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

Mayor Carmichael yielded the floor to Staff to address the Board regarding Equestria.

With no objections, Mayor Carmichael yielded the floor to David Carter, Memphis-Arlington Road to address the Board regarding his concerns with Equestria.

It was a consensus of the Board to allow Brent Webb of SRConsulting address the Board concerning Equestria PDP.

With no further discussion, Commissioner Verschuur moved to approve the Preliminary Development Plan Amendment for Equestria and to include “Option C” as submitted that does not require the right-of-way dedication, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on approval of Heron’s Ridge Sections C & D Preliminary Development Plan. (Atkinson)
Vice-Mayor Hartz moved to suspend the rules, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.

Vice-Mayor Hartz moved to approve the Preliminary Development Plan for Sections C & D of the Herons Ridge Planned Development, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye

NEW BUSINESS:

3. Action on recommendation from the MPC for a Secondary Detailed Development Plan – Arcadia PRD, Phase 1. (Higbee) (pgs. 43-50)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

With no objections, the Board yielded the floor to Staff to make a presentation on Arcadia.

After substantial discussion, Vice-Mayor Hartz moved to approve a Resolution to approve the Secondary Detailed Development Plan for Arcadia PRD, Phase 1, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

4. Action on Zoning Ordinance Amendments regarding decks and patios. (Atkinson) (pgs. 51-56)
Commissioner Verschuur moved to adopt on first reading an Ordinance to amend certain provisions of Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding decks and patios, providing an effective date, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Verschuur aye
Plunk aye
Hartz aye
Nicholson aye
Carmichael aye

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

2. Approval of Development Contract for Corner Shops of Canada Road. (Lakin) (please see insert)
Commissioner Plunk moved to approve the Development Contract for Corner Shops of Canada Road, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Plunk aye
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye

3. Approval of Development Contract for Lake Forest Planned Mixed Use Development. (Lakin) (will be provided)
Vice-Mayor Hartz moved to postpone action definitely until the next work session (Oct. 22, 2007) at the applicant’s request, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

VI. TREASURER’S REPORT: (pgs. 17-18)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 4-0-1 (Plunk)

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Report on the request to increase the speed limit on Canada Road to 45 mph. (pg. 19)
Mayor Carmichael yielded the floor to City Manager Robert Wherry to abreast the Board on the Traffic Report as requested from the work session. No objections.

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:
1. Action on MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 20-29) ~Taken Out of Order~
2. Action on approval of Herons Ridge Sections C & D Preliminary Development Plan. (Atkinson) (pgs. 30-35) ~Taken Out of Order~

XI. NEW BUSINESS:

1. Action first reading of an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a privilege tax for selling beer, establishing prohibited conduct by permit holders and others
engaged in selling beer, and establishing penalties for engaging in prohibited conduct. (Lakin) (pgs. 36-41)
Commissioner Verschuur moved to adopt on first reading an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a privilege tax for selling beer, establishing prohibited conduct by permit holders and others engaged in selling beer, and establishing penalties for engaging in prohibited conduct, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on contract for 2007 Road Overlay/Maintenance Program. (Stuckert) (pg. 42)
Vice-Mayor Hartz moved to suspend the rules for discussion, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael moved to postpone action definitely until the next work session (Oct. 22, 2007), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

3. Action on recommendation from the MPC for a Secondary Detailed Development Plan – Arcadia PRD, Phase 1. (Higbee) (pgs. 43-50) ~Taken Out of Order~

4. Action on Zoning Ordinance Amendments regarding decks and patios. (Atkinson) (pgs. 51-56) ~Taken Out of Order~

5. Discussion on proposed amendment to Agreement with IH Managerial Club concerning the City of Lakeland use of the IH Clubhouse. (Wherry) (pgs. 57-58)
Commissioner Verschuur moved to approve a Resolution by the Lakeland Board of Commissioners approving a draft of an amendment to the Agreement between the I.H. Managerial Club and the City of Lakeland pertaining to the scheduling and use of the I.H. Club Building and authorizing the amendment to be submitted to the I.H. Managerial Club for approval, seconded by Vice-Mayor Hartz.

Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

6. Action on advertising vacancies for appointments to Boards and Commissions. (Board) (pgs. 59-60)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.

After substantial discussion, Vice-Mayor Hartz moved to authorize the City Manager to advertise for the vacancies on the various Boards and Commissions stipulating that there will be an opportunity for them to interview by the time of the December Regular Meeting of the Board of Commissioners, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye

7. Action on appointments of BOC liaisons to Boards and Commissions. (Board)
Vice-Mayor Hartz moved to appoint Commissioner Verschuur as liaison to the Design Review Commission filling the remainder term of Vice-Mayor Stephanie Anderson, seconded by Commissioner Nicholson. Motion carried, voice vote, 4-0-1 (Plunk)

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 8:13 p.m., Thursday, October 04, 2007.

These minutes were approved on Thursday, November 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-10-08T08:23:00.002-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, SEPTEMBER 06, 2007, 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.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson and Plunk were present. City Attorney, David Lakin was present.

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

Commissioner Plunk moved to amend the agenda to add New Business/Agenda Item 7: Approval of a Resolution by the Lakeland Board of Commissioners to reverse the decision to select the single point design for the Canada Road/I-40 Interchange and advise the Tennessee Department of Transportation that the City of Lakeland is selecting the enhanced diamond design, seconded by Vice-Mayor Anderson.
Motion failed, roll call vote, 2-3.
Plunk aye
Anderson aye
Hartz nay
Nicholson nay
Carmichael nay

There being no other amendments, Mayor Carmichael moved to approve the agenda as submitted and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to the public for “Public Discussion”.
Ken Glatzer • Herons Ridge • spoke in opposition to Herons Ridge Section C & D.
Marilyn Talbot • Woodland Fir • spoke in favor of the Single Point Urban Interchange.
Bahadir Demirorz • Herons Landing Ln. • spoke in opposition of Herons Ridge Section C & D.
Al Scrip • Woodland Pine Drive • spoke in favor of the Single Point Urban Interchange.
Bob Larkin • Mt. Gillespie • spoke in favor of the Single Point Urban Interchange.
Josh Roman • Old Brownsville Rd. • spoke in favor of the Single Point Urban Interchange.
Jo Ann Cohen • Woodland Crest • spoke in favor of the Single Point Urban Interchange.

Frances Lancaster • Memphis-Arlington • spoke in favor of the Single Point Interchange.
Nancy Hartz • Kingsridge Dr. • spoke in favor of the Single Point Urban Interchange.
Todd Siple • Herons Ridge Dr. • spoke in opposition of Herons Ridge Section C & D.
Charlotte Knight-Griffin • MLGW Rep. • spoke in reference to the MLGW Franchise Agreement.
Gerry Burditt • Plantation Woods Drive • spoke in favor of the Single Point Urban Interchange.

NEW BUSINESS:

4. Action approval of Herons Ridge Sections C & D Preliminary Development Plan. (Atkinson) (pgs. 55-60)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

With no objections, the Board yielded the floor to allow Staff to present Herons Ridge issues.

Mayor Carmichael yielded the floor to Will Griffin, Developer of Herons Ridge Sections C & D.

After a substantial amount of discussion, Vice-Mayor Anderson moved to postpone action definitely on approval of Herons Ridge, Section C & D until the September Work Session (09.24.07), seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

2. Action on MLGW Franchise Agreement. (Lakin)
Commissioner Hartz moved to postpone action indefinitely on the MLGW Franchise Agreement, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

SEWERAGE COMMISSION BUSINESS:

1. Action on the Chapel Park PD request for approval of Conceptual Sanitary Sewer Plan. (Smith) (pgs. 39-40 w/attachment)
Vice-Mayor Anderson moved to suspend the rules for discussion purposes, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Michael Ray of Davis Engineering.

After thorough discussion, Vice-Mayor Anderson moved to postpone action indefinitely on approval of Chapel Park Sanitary Sewer Plan, second by Commissioner Nicholson. Motion carried, voice vote, all in favor.

NEW BUSINESS:

3 Action on Resolution stating the intention of the Board of Commissioners to proceed on the EDC recommendation for establishing wi-fi (public wireless internet) “hot spots” and security surveillance at City Hall Park and Windward Slopes Park. (Wherry) (pgs. 53-54)
Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution approving requesting detailed proposals for developing wireless internet connections and security surveillance in City Hall Park, the City Hall area, Windward Slopes Park and the Fire Station #1 area in accordance with the proposal by the Lakeland Economic Development Commission and adding Zadie Kuehl Memorial Park to the project, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

5 Action on MPC recommendation for acceptance of Public Improvements for the Preserve. (Smith) (pgs. 61-66)
Mayor Carmichael moved to accept the Public Improvements for the Preserve Planned Development outlined in the packet, seconded by Commissioner Hartz, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

Note: Item 6 was removed from the Consent Agenda.

ITEMS REMOVED FROM THE CONSENT AGENDA:

6 Approval of MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 21-34)

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

With no objections, Mayor Carmichael yielded the floor to Mr. David Carter to address his concerns regarding Equestria Planned Development.

With no further discussion, Commissioner Hartz moved to postpone action definitely on approval of Equestria Planned Residential Development until the next Work Session (09.24.07), seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, August 01, 2007, 6:30 p.m. (pgs. 01-05)
2. Approval of the 2007 Animal Housing Agreement with the City of Memphis. (Staff) (pgs. 6-8)
3. Approval of the release of Letter of Credit for Renaissance Group. (Bridges) (pgs. 9-17)
4. Approval of a Resolution on proposed State Mandate concerning timing of Local Elections. (Wherry) (pgs. 18-19)
5. Approval of changing October Regular Meeting back to its original date, October 04th. (Wherry) (pg. 20)
6. Approval of MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 21-34)
Vice-Mayor Anderson moved to approve the Consent Agenda as amended (removal of Item 6), seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

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

VI. TREASURER’S REPORT: (pgs. 35-36)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Report on Retail Market Study. (Higbee) (pgs. 37-38)

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on the Chapel Park PD request for approval of Conceptual Sanitary Sewer Plan. (Smith) (pgs. 39-40 w/attachment)

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on first reading of an Ordinance concerning the Responsible Vendor Act of 2006. (Lakin) (pgs. 41-51)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

After a substantial amount of discussion, Commissioner Hartz moved to adopt on first reading an Ordinance establishing a Beer Board and regulating the sell of beer in the City of Lakeland, seconded by Vice-Mayor Anderson.
Motion carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on MLGW Franchise Agreement. (Lakin) ~Taken out of order~
3. Action on Resolution stating the intention of the Board of Commissioners to proceed on the EDC recommendation for establishing wi-fi (public wireless internet) “hot spots” and security surveillance at City Hall Park and Windward Slopes Park. (Wherry) (pgs. 53-54) ~Taken out of order~
4. Action approval of Herons Ridge Sections C & D Preliminary Development Plan. (Atkinson) (pgs. 55-60) ~Taken out of order~
5. Action on MPC recommendation for acceptance of Public Improvements for the Preserve. (Smith) (pgs. 61-66) ~Taken out of order~
6. Action on a Resolution approving a professional services contract and purchase order for Askew Hargraves Harcourt & Associates, inc. for design of Canada Road bicycle/pedestrian facilities and median landscape enhancements. (Bridges) (pgs. 67-73)

Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution authorizing the execution of a Professional Services Contract and approval of a purchase order with Askew Hargraves Harcourt & Associates, Inc. in the amount of $69, 300 for engineering and landscape plans for Canada Road between Highway 64 and Interstate 40, seconded by Commissioner Hartz.

Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 8:53 p.m., Thursday, September 06, 2007.

These minutes were approved Thursday, October 04, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-10-08T08:23:00.001-07:00

SPECIAL CALLED MEETING FOR
MONDAY, AUGUST 27, 2007, 6:00 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002

The City Manager requested the City Recorder to call a Special Called 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 the I-40/Canada Road Interchange including possible action on financing for an upgrade of the TDOT approved diamond design to a Single Point design.

¨ Discussion and/or possible action on alternatives of paying the Shelby County Ambulance Fee.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:00 p.m., Monday, August 27, 2007.

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 6:05 p.m.

Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz and Nicholson were present. Commissioner Plunk was absent.

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

With no objections, Mayor Carmichael yielded the floor to James Collins of Kimley-Horn & Associates, Inc. to present the technical details of the proposed diamond interchange project.

As a consensus of the Board, Mayor Carmichael opened the floor for Public Discussion.

¨ Gerrit Verschuur • Yellow Cedar Cove – addressed the Board regarding his support of the Single Point Interchange.
¨ Josh Roman • Old Brownsville Road – addressed the Board regarding his support of the Single Point Interchange.

¨ Lew Cornett • Oak Point Circle – addressed the Board regarding his support of the Single Point Interchange.
¨ Connie Hess • Green Spruce Drive – addressed the Board regarding her support of the Single Point Interchange.

Commissioner Hartz moved that the Board of Commissioners approve the expenditure of $3 million plus increases as necessary to fund the Single Point Urban Interchange at Exit 20, Canada Road and I-40 exit, seconded by Vice-Mayor Anderson.

With no objections from the Board, Mayor Carmichael yielded the floor to John Dudas of Belz Enterprise Josh Roman to submit feedback from a business perspective and financial perspective.

Commissioner Hartz withdrew his original motion.

Mayor Carmichael moved to notify TDOT that the Lakeland Board of Commissioners understand the letter submitted regarding the “Diamond” Design alternative, and the Board would like to pursue the Single Point Urban Interchange with great haste, seconded by Commissioner Hartz.
Motion carried, roll call vote, 4-0.
Hartz aye
Anderson aye
Nicholson aye
Carmichael aye

Commissioner Hartz moved to approve a Resolution entitled: A Resolution stating the decision of the Lakeland Board of Commissioners to request Shelby County to include Lakeland’s share of the Ambulance Fee in the Fire Fee for Lakeland residents, seconded by Vice-Mayor Anderson.
Motion failed, roll call vote, 2-2.
Hartz aye
Anderson aye
Nicholson nay
Carmichael nay

No other business to take action on, Vice-Mayor Anderson moved to adjourn the meeting, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

These minutes were approved Thursday, October 04, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-27T09:05:00.001-07:00

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
WEDNESDAY, AUGUST 01, 2007, 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 6:33 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 Anderson, Commissioners Hartz, Nicholson, and Plunk were present. City Attorney David Lakin was present.

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

Vice-Mayor Anderson requested to amend the agenda to add as New Business/Agenda Item 2: Action on changing the date for the October Regular Meeting and the September Work Session. No objections.

Vice-Mayor Anderson requested to remove Item 3 from the Consent Agenda. No objections.

There being no other changes to the agenda, Mayor Carmichael moved to accept the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

Mayor Carmichael presented a Proclamation to Mrs. Nancy Bryant for coordinating Lakeland’s 2007 National Day of Prayer.

Mayor Carmichael also presented the “Get Caught Recycling” Certificate to Mr. Timothy Van Horn.

OLD BUSINESS
1. Action of final reading of an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date. (Atkinson)
Vice-Mayor Anderson moved to adopt on final reading an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code, “Sign Regulations”; providing an effective date, seconded by Commissioner Hartz. (*)

With no objections, Mayor Carmichael opened the floor for Public Discussion.

Mark Lawrence • 9202 Salem Road • Addressed the Board concerning the Sign Ordinance amendments.

Point of Order: Vice-Mayor Anderson raised a point of order to state that Public Discussion is for the public to speak only. Chair sustained.

Point of Order: Vice-Mayor Anderson raised a point of order to state that the Board members are not to get personal during discussion. Chair sustained.

Lisa Naquin • 2935 Lakeland Hills • Addressed the Board concerning the Sign Ordinance amendments.

(*)Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

SEWERAGE COMMISSION BUSINESS:
1. Action on request for access to Public Sewer System for Corner Shops of Canada Road. (Smith)
Vice-Mayor Anderson moved to approve a Resolution approving Concept Sanitary Sewer Plan for the Corner Shops of Canada Road (Shelby County Tax Assessor Parcel Identification Number L0159 001789), seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Anderson aye
Plunk aye
Hartz aye
Nicholson aye
Carmichael aye

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Regular Meeting Minutes, July 05, 2007, 6:30 p.m. (pgs. 01-05)
2. Approval of final reading of an Ordinance of the City of Lakeland regulating the ownership and control of Vicious Dogs. (Anderson/Lakin) (pgs. 06-12)
3. Approval of final reading of an Ordinance to amend certain provisions regarding Political Signs in Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date. (Atkinson)(pgs. 13-16) **Removed from Consent Agenda**

4. Approval of changing the date for the October Town Hall Meeting to November 1st. (Wherry) (pg. 17)
Commissioner Hartz moved to approved the Consent Agenda and adopt final reading an Ordinance of the City of Lakeland regulating the ownership and control of Vicious Dogs. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
3. Approval of final reading of an Ordinance to amend certain provisions regarding Political Signs in Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date. (Atkinson)(pgs. 13-16)
Vice-Mayor Anderson moved to adopt on final reading an Ordinance to amend certain provisions regarding Political Signs in Title 14, Chapter 4 of the Municipal Code “Sign Ordinance”; providing an effective date, seconded by Commissioner Plunk.

Vice-Mayor Anderson moved to amend the Ordinance/Section 3 by changing the effective date from fifteen days to immediately, seconded by Commissioner Plunk.
Amendment carried, roll call vote, 3-0-2.
Anderson aye
Plunk aye
Hartz abstain
Nicholson abstain
Carmichael aye

Motion to adopt on final reading an Ordinance to amend certain provisions regarding “Political Signs” in Title 14, Chapter 4 of the Municipal Code “Sign Ordinance”; providing an effective date, as amended.
Motion carried, roll call vote, 3-0-2.
Anderson aye
Plunk aye
Hartz abstain
Nicholson abstain
Carmichael aye

VI. TREASURER’S REPORT: (pgs. 18-19)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. 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:
1. Action on request for access to Public Sewer System for Corner Shops of Canada Road. (Smith) (Will be provided) ~Taken Out of Order~

2. Action on proposed Change Order 9 for construction of the Scott’s Creek Wastewater Treatment Plant. (Smith) (pg. 20)
Commissioner Hartz moved to approve a Resolution to approve funding through Change Order 9 for Scott’s Creek Wastewater Treatment Plant, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Plunk aye
Anderson aye
Nicholson aye
Carmichael aye

X. OLD BUSINESS:
1. Action of final reading of an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date. (Atkinson) (pgs. 21-24) ~Taken Out of Order~

XI. NEW BUSINESS:
1. Action on possible amendment to the I.H. Club/City of Lakeland Agreement concerning use of the I.H. Clubhouse. (Wherry/Lockhart) (pgs. 25-27)
Vice-Mayor Anderson moved to approve a Resolution expressing the desire to negotiate with the IH Managerial Club concerning the use of the IH Clubhouse, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Anderson aye
Plunk aye
Hartz aye
Nicholson aye
Carmichael aye

2. Action on changing the date for the October Regular Meeting and the September Work Session.
Vice-Mayor Anderson moved to change the September Work Session from September 24th to October 1st and the October

Regular Meeting from October 4th to October 11th, seconded by Commissioner Plunk. Motion carried, voice vote, 4-1 (Anderson).

XII. ANNOUNCEMENTS:

Congratulations to Eric Bridges, Natural Resources Director!!!

Eric Bridges has been invited to make a presentation in Baltimore, Maryland at the Arbor Day Foundation National Conference in November. Eric will also be making a presentation at the International Society of Arboriculture Southern Chapter Conference in Knoxville, Tennessee in March.

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

The meeting adjourned at 7:33 p.m., Wednesday, August 01, 2007.

These minutes were approved Thursday, September 06, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder